Does copyright transfer need to be registered?
Copyright transfers now do not require registration.
The so-called copyright transfer means that the copyright owner signs a written contract Transfer all or part of the property rights in the copyright (such as rights to copy, distribute, perform, broadcast, information network dissemination, etc.) to others. Copyright transfer is of great significance. The result of the transfer will directly lead to changes in copyright ownership and legal relationships. The transferee acquires the copyright through transfer and becomes the new copyright owner, while the original copyright owner loses the original copyright through transfer. It can be seen from the above disputes that due to improper exercise of rights by copyright owners and repeated transfers of copyrights, multiple copyright owners exist for the same work at the same time. Multiple copyright owners are authorizing, and the transferred copyright owner transfers it again, thus causing continuous problems. of new copyright holders. Repeated transfers of copyrights have also triggered many lawsuits. However, because the causes of cases and parties in each case are different, and the courts lack the basis to determine the effective transfer of copyrights when hearing related cases, it is easy to decide that the copyright of the same work belongs to different rights based on different judgments. Absurd phenomena of man. The interests of multiple bona fide assignees were harmed for no reason. In the market, the same work is authorized by different rights holders and their products are circulated in the market in the same way, which seriously affects the normal order of using the work and product circulation.
So, how can we avoid such incidents, reduce the risk of copyright transfer, and ensure that the copyrightTo ensure the safe transfer of copyright, maintain the normal order of use of works, and also provide the court with a basis for judging the effective transfer of copyright? The solution is to implement effective registration of copyright transfer.
In fact, in the above disputes, there have been Copyright transfer has been registered. However, since my country currently implements voluntary registration of copyrights of works, in judicial proceedings, the registration certificate issued by the registration agency is only preliminary evidence. In the revised Implementation Regulations of the Copyright Law, although it has been added that the copyright management department can record copyright transfer contracts and exclusive licenses, since there is no provision for the legal effect of contract recordation, this filing system does not have the ability to determine the legal transfer of copyrights. of coercion.
Therefore, as stipulated in the Copyright Act or its implementing regulations An effective registration system for copyright transfer has become a top priority.
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