1. Can a copyright transfer contract be concluded as an oral contract?
No When signing an oral contract and transferring copyright, a written contract should be concluded.
Copyright transfer is a legal process whereby the copyright owner transfers all or part of the copyright rights he owns to others according to his or her own will within the scope of the law. Behavior.
The transfer of copyright is different from the licensing of copyright. The transfer of copyright requires the conclusion of a contract, and the price, works, type of rights, etc. should be agreed upon in the contract. If the rights to be transferred are not expressly permitted by the copyright owner in the transfer contract, the other party may not exercise them without the consent of the copyright owner.
An oral agreement on copyright transfer is valid, but the party claiming validity needs to provide corresponding evidence. The oral agreement between the parties is legally binding. However, if one party denies the oral agreement and does not perform the corresponding obligations, then the other party needs to provide evidence to prove the existence of the oral agreement. Otherwise, it will be empty words and it will be difficult for the law to recognize the agreement.
2. What are the principles for identifying copyright infringement?
1. Fault principle: Fault is a principle in the determination of copyright infringement.
2. Principle of damage: Tort is an act that infringes upon the legitimate rights and interests of others, and the act causes damage. Behavior without harmful consequences does not constitute an infringement. Since torts are always associated with damaging consequences, some scholars refer to torts as tortious damages.
3. The principle of fairness: The principle of fairness has been widely used in the field of civil rights protection. It can remedy the insufficient use of specific regulations. In the absence of specific provisions in the law, the judge can directly make a ruling based on the concept of fairness and determine the distribution of rights, obligations and civil responsibilities between the parties.
3. When will the copyright transfer take effect?
When the copyright transfer meets the following conditions, the contract will take effect and the copyright will take effect. The transfer shall take effect when the contract becomes effective. In other words, the transfer of copyright shall take effect when the following conditions are met:
1. The technical achievements already mastered by the parties subject to the contract when entering into the contract, including Invention patents, technical secrets and other intellectual property achievements.
2. The subject matter of the contract must be complete and practical, and the relevant technical content should constitute a product or process , materials, varieties and other improved technical solutions.
3. The parties have clear intellectual property ownership agreements on the subject matter of the contract.
The transfer of copyright should be concluded in a written contract. The principles of fault, damage and fairness are the main principles for identifying copyright infringement. Only when there is fault and the fact of damage occurs can it be determined as a copyright infringement. Copyright infringement. After the work is completed, the copyright owner obtains the corresponding copyright and is protected by law.
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