1. Can the copyright be used if it is not explicitly transferred in the contract?
Used with copyright permission A contract is the main way in which the copyright owner authorizes the person using the work to use the work. What kind of usage rights are granted by the copyright owner, and what kind of usage rights are obtained by the person who uses the work. Therefore, a person who uses other people's works can only exercise the rights expressly granted by the copyright owner in the contract. The person who uses other people's works cannot exercise the rights that are not expressly granted by the copyright owner in the contract. If he exercises the rights that are not expressly granted by the copyright owner in the contract, If the copyright owner's right to use is infringed, he will bear legal responsibility. If a person who uses another person's work needs to exercise rights that are not expressly granted by the copyright owner in the contract, he must obtain permission from the copyright owner before he can do so. For example, if a book publishing contract clearly stipulates that a novel written by a certain author will be published by a certain book publishing house, but it is not specified in the contract that the publishing house shall have the right to translate the novel after the book is published, the publishing house shall not exercise the right to translate the novel. Translation rights. If the publisher wants to have the right to decide the translation of the novel, it must obtain permission from the author of the novel.
According to the provisions of the Copyright Law, entering into a copyright rights transfer contract is the only way for the copyright owner to transfer the copyright rights and for others to obtain the copyright owner's copyright. It is also the method that should be followed when transferring copyright rights. in principle. The transferee acquires whatever rights the copyright owner transfers. For example, if the copyright owner of a script only transfers the filming rights of the script, the transferee only obtains the filming rights. The transferee shall not exercise the rights that are not expressly transferred in the copyright transfer contract. If the transferee exercises the rights that are not expressly transferred in the rights transfer contract, it will infringe the copyright of the copyright owner and he will bear legal liability.
2. Issues to note when signing a copyright transfer contract
( 1) How to distinguish whether it is a copyright transfer contract or a copyright licensing contract?
A copyright transfer contract refers to a contract in which the copyright owner transfers his copyright to the counterparty to the contract for control.
The copyright license contract refers to the workA contract in which the rights holder authorizes the counterparty to commercially use his or her works in a certain manner, within a certain period of time, and within a certain geographical scope.
For a license contract, after the contract is signed, the licensee only obtains limited rights to use certain aspects of the work, and can only use it in the manner and time agreed in the contract. Without special agreement, the licensee has no right to transfer or sublicense this right to others. If the corresponding rights are infringed, the licensee has no right to file a lawsuit alone and can only request the copyright owner to file a lawsuit or jointly file a lawsuit with them. .
In the transfer contract, the two parties signed a contract similar to a "buyout". The transferee can obtain all the copyright property rights of the transferor or a separate one. (such as the right to network communication), there are no restrictions on the time and method of use within the period specified by law, and the right to transfer or license others to use it. When relevant rights are infringed, the transferee has the right to file a separate lawsuit.
(2) A contract that only emphasizes the author’s obligations without the author’s rights is invalid
The format clause is also Called standard clauses, they refer to clauses that are drawn up in advance by the parties for repeated use and are not negotiated with the other party when making the contract, such as insurance contracts, auction transaction confirmations, etc., which are all standard contracts.
1. The party providing the standard terms has the obligation to prompt and explain, and should draw the other party's attention to clauses that exempt or limit its liability, and explain them according to the other party's requirements;
2. A standard clause that exempts one party providing the standard clause from its main obligations and excludes the other party's main rights is invalid;
3. If there is a dispute over the understanding of the standard terms, an interpretation that is unfavorable to the party providing the standard terms should be made.
If the copyright transfer contract or license contract contains words similar to "the right to interpret the scope of rights of this contract belongs to the transferee" and "the transferee shall interpret it in case of disputes" Terms or clauses that stipulate harsh liability for breach of contract on the author but do not mention a word about his own liability for breach of contract are all invalid format clauses.
(3) Be careful when transferring copyrights
1. The property rights of copyrights can only be transferred once
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Article 10 of the Copyright Law stipulates that,
(5) Right of reproduction, that is, the right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, etc.;
(6) Distribution right, that is, the right to provide originals or copies of works to the public by sale or donation;
(VII ) Rental right, that is, the right to license to others for a fee the temporary use of film works, works created by methods similar to filmmaking, and computer software, except that computer software is not the main subject of the lease;
(8) Exhibition rights, that is, the right to publicly display originals or copies of art works and photographic works;
(9) Performance rights, that is, public display Performing works, as well as the right to publicly broadcast the performance of the work by various means;
(10) Right of projection, that is, the public reproduction of fine arts, Rights to photography, films, and works created by methods similar to filmmaking;
(11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, The right to disseminate broadcast works to the public by means of wired transmission or rebroadcasting, and the right to disseminate broadcast works to the public through loudspeakers or other similar means of transmitting symbols, sounds, and images;
(12) Information network dissemination right, that is, the right to provide works to the public through wired or wireless means so that the public can obtain the works at a time and place of their own choosing;
(13) Filming right, that is, the right to fix the work on a carrier by making a movie or by a method similar to making a movie;
(14) The right of adaptation, that is, the right to change the work and create a new original work;
(15) The right of translation, that is, the right to change the work from the original The right to convert one language into another language;
(16) The right to assemble, that is, to assemble a work or fragments of a work into a new form through selection or arrangement Rights to works;
(17) Other rights that should be enjoyed by the copyright holder.
Copyright One can allow himA person exercises the rights specified in items (5) to (17) of the preceding paragraph and receives remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may transfer all or part of the rights specified in items (5) to (17) of paragraph 1 of this article, and in accordance with the agreement or the relevant provisions of this law Provide for getting paid.
2. The rights to be transferred must be clearly agreed
The Copyright Law stipulates that in a copyright transfer contract, The copyright owner has no expressly transferred rights and the other party may not exercise them without the consent of the copyright owner.
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