In the internet age, the world can observe a major growing trend ofdevelopment in the amalgamation of the software and the combination of softwareand the company and the later is the main creator of social wealth. It was the newCompany Law of2006which approved of intellectual property that reflected thelegislative progress and pushed forward the trend.But for the problem of softwarecopyright contribution, there are no separate provisions, only a reference to regulationof intellectual property contribution. However, the nature of software compared toother works is obviously different; the methods of protecting software copyright andthe application should be different from general copyright. Our country has beendeveloped "Regulations for the protection of computer software" for softwarecopyright, but for software copyright’s commercial application specification is stillthe same as the general copyright. Protection mechanism and application mechanismhaving not been well coordinated with each other cause of software copyrightcontribution faces many practical problems. This paper is divided into three parts toelaborate on related issues.The first part introduces the software copyright funded the establishment of thecompany for the social development of significant value. In this section, firstintroduced the development of the software industry and its enormous contribution tomake to the social and economic development, which leads to significant economicvalue of software copyright, and then from the interests of shareholders, thecompany’s interests, transaction efficiency, the interests of copyright holders fouraspects to discuss that allowing software copyright contribution for the significanceof promoting the development of market economy.The second part mainly analysis of the legislation evolution and developmenttrend of software copyright contribution from the angle of the historical development.In this part, firstly clarify legislation of software copyright contribution in each stagefrom non company law period to "05years company law" period. Analysis of legal norms of our country has no single issue of legislation about this problem at thepresent stage. And based on the analysis of the evolution of legislation, this partsummarizes the development trend of the legislation idea of company law in ourcountry, and this trend is the foundation of improving the software copyrightcontribution.The third part mainly analyzes the realistic difficulties of our software copyrightcontribution and solutions. This part firstly analyzes our country’s software copyrightcontribution by three problems--increasing of the risk of infringement, limitation ofthe full use of software copyright property for the existing of software copyrightrelated personal rights,lack of scientific value evaluation mechanism. And then basedon the particularity of software copyright, analysis of the necessarily to strengthen thesoftware copyright registration in the contribution program, study the feasibility tobreakthrough the general theoretical of software copyright related personal rights,establish an more scientific evaluation system, and use these new ideas to solve therealistic predicament of our country’s software copyright contribution.From the historical development and practical point of view, solving the problemof software copyright contribution properly, which is important to the development ofcompany and the sustained growth of economy, making related laws carefully aboutthe problem of software copyright contribution is the inevitable trend of legislation.Making great breakthrough on the general principle of copyright is very necessary. |