Can the copyright be used if it is not expressly permitted in the contract?
If it is not expressly permitted in the contract, there is no use If you want to use it, you need to obtain copyright permission and pay a fee.
Main contents of the copyright license contract:
According to Article 24, the use of other people’s works shall be concluded with Licensing contract, except where copyright law stipulates that no permission is required. The Implementing Regulations of the Copyright Law stipulate that when using other people's works, a license contract must be concluded with the copyright owner. If the right to license is an exclusive right of use, it must be in writing, except for works published by newspapers and periodicals.
To conclude a copyright licensing contract, you should sign a publishing rights license contract, a performance rights license contract, an editing rights, adaptation rights, and a translation rights license based on different licensed contents. Contracts etc.
The licensing contract includes the following main contents:
1. Type of rights to be licensed. In a copyright licensing contract, the type of authorization from the copyright owner must be clearly stated, that is, the manner in which the licensee can use his or her work. Such as granting the licensee translation rights or adaptation rights, etc.
2. The permitted use rights are exclusive use rights or non-exclusive use rights. There is a difference between exclusive use rights and non-exclusive use rights. The exclusive right to use is an exclusive and exclusive right. It means that after the copyright owner authorizes the licensed copyright to the licensee, he can no longer sublicense the above rights to a third party during the validity period of the contract. , you cannot use it yourself. Non-exclusive right of use means that after the copyright owner licenses one or more copyrights to others, he can sublicense the same rights to a third party during the validity period of the contract. If the contract does not stipulate whether the exclusive right of use is clear or the stipulation is unclear, the licensee shall be deemed to have the right to exclude anyone, including the copyright owner, from using the work in the same manner.
3. The geographical scope and period of licensed use. The geographical scope of licensed use refers to the regional effectiveness of the licensed copyright. Generally, it is reflected in the reproduction, distribution range, performance rights or broadcast rights of the work. And the scope of translation rights, etc. The period of licensed use refers to the temporal validity of the licensed copyright, that is, the number of years the work will be used.
4. Payment Remuneration standards and methods. According to relevant regulations, the remuneration standards for the use of works can be agreed upon by the parties, or remuneration can be paid in accordance with the remuneration standards formulated by the Copyright Administration Department of the State Council in conjunction with relevant departments. If the agreement between the parties is unclear, the remuneration rates for use of works shall be in accordance with the Copyright Administration Department of the State Council. The department shall pay remuneration according to the payment standards established by the department in conjunction with relevant departments.
5. Liability for breach of contract. The copyright licensing contract is a legal document binding on both parties. The rights and obligations established in the contract are protected by law. If one or both parties violate the contract and fail to perform their contractual obligations, they shall bear liability for breach of contract. Liability for breach of contract should be clear and specific, including liquidated damages, compensation losses and calculation methods for compensation amounts, etc.
6. Other contents that both parties believe need to be agreed upon. If the above five aspects cannot summarize the parties’ intentions, they can also be clearly expressed in the contract.
The above is the content compiled by the editor for you. If you want to use other people's works, under normal circumstances, you must obtain the consent of the copyright owner. However, if there are legal circumstances, you do not need to It can also be used with permission. If your situation is more complicated, the Legal Savior Network also provides online lawyer consultation services. You are welcome to seek legal consultation.
