Must the copyright transfer contract be in writing?
Article 20 of the current "Computer Software Protection Regulations" stipulates that the parties A written contract must be concluded to transfer copyright. Therefore, some people believe that any software transfer without a written contract will be invalid.
The first thing to emphasize is: we are not opposed to emphasizing the necessity of signing a written contract when transferring software copyright.
Because the software copyright transfer contract is more complicated than the general transfer contract, the reasons are:
1 . Signing a written contract can clarify the rights and obligations of both parties in writing and prevent unnecessary disputes;
2. The software transfer contract involves the transfer subject matter (is Partial transfer or complete transfer of the software), transfer period (short-term or permanent transfer of the software), transfer price and payment of the price (whether a one-time payment or payment of the entire price in installments) and liability for breach of contract, etc., if not in writing It is generally not easy to clarify and is not conducive to the actual performance of the transfer contract.
However, it should be clear that whether to use a written contract to realize the transfer of software copyright falls within the scope of party autonomy and is entirely a private right. The legal provisions requiring written form are advocacy provisions based on the need to prevent and resolve disputes and are conducive to the performance of software transfer contracts. As for whether the parties are in writing, as well as whether to breach the contract and whether to perform the contract, it is within the scope of their rights to freely dispose of their rights. They shall bear their own responsibility. The state should not interfere too much in the conclusion of the contract.
In practice, most software transfer methods are written, but there are also many oral software transfer contracts, and many of them have been actually performed, so There is no need to force the parties to use a written form when transferring software; there is no need to conclude that all disputes are invalid if the parties do not use a written form and go to court for disputes.
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