Does the copyright transfer contract have to be in writing?

Copyright transfer contracts should be in written form. There are no mandatory provisions in the law. Whether to use a written contract to realize the transfer of software copyright falls within the scope of the parties’ autonomy. Signing a written contract can clarify the rights and obligations of both parties in written form and prevent unnecessary disputes. Regarding the question about the scope of defendants in shareholder representative lawsuits, the editor of Legal Savior Network will answer it in detail for you below.

1. Does the copyright transfer contract have to be in writing?

1. Copyright The transfer contract should be in written form. There is no mandatory provision in the law. Whether to use a written contract to realize the transfer of software copyright falls within the scope of the parties’ autonomy. Signing a written contract can clarify the rights and obligations of both parties in written form and prevent unnecessary disputes.

2. Legal basis: "Copyright Law of the People's Republic of China"

Article 20 Article 7Transfers the provisions of Item 5, Paragraph 1, Article 10 of this Law to Item 17 rights, a written contract should be entered into.

The rights transfer contract includes the following main contents:

(1) Works name;

(2) Type of rights transferred and geographical scope;

(3) ) Transfer price;

(4) Date and method of delivery of transfer price;

(5) Liability for breach of contract;

(6) Other contents deemed necessary by both parties.

Article 10 Copyright includes the following personal rights and property rights:

(1) Right of publication, that is, decision to makeThe right to make the work public;

(2) The right of signature, that is, the right to indicate the identity of the author and sign the work;

(3) The right to modify, that is, the right to modify or authorize others to modify the work;

(4) The right to protect the integrity of the work, that is, The right to protect works from distortion and tampering;

(5) The right to reproduce, that is, to print, copy, rub, record, video, rip, remake, The right to make one or more copies of the work through digitization or other methods;

(6) The right to distribute, that is, to provide the original or multiple copies of the work to the public by selling or donating it. The right to make copies;

(7) The right to rent, that is, the right to license others to temporarily use the original or copies of audio-visual works and computer software for a fee. Computer software is not Except for the main subject matter of leasing;

(8) Exhibition rights, that is, the right to publicly display originals or copies of fine arts and photographic works;

(9) Performance rights, that is, the right to publicly perform works and publicly broadcast the works by various means;

(10) Screening rights, that is, the right to publicly reproduce art, photography, audio-visual works, etc. through projectors, slide projectors and other technical equipment;

(11 ) Broadcasting rights, that is, the right to publicly disseminate or rebroadcast works by wired or wireless means, and to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images, but does not include item 12 of this paragraph stipulated rights;

(12) Information network dissemination rights, that is, provided to the public in wired or wireless ways, so that the public can The right to obtain the work at the location;

(13) Filming right, that is, the right to fix the work on a carrier by filming an audiovisual work;

(14) Adaptation right, that is, the right to change a work and create an original new work;

(15) Translation right, that is, the work will beThe right to convert one language into another language;

(16) The right to compile, that is, to assemble works or fragments of works through selection or arrangement The right to create a new work;

(17) Other rights that should be enjoyed by the copyright owner.

The copyright owner may permit others to exercise the rights specified in items 5 to 17 of the preceding paragraph and receive 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 receive remuneration in accordance with the agreement or the relevant provisions of this law. .

2. What is the sentencing standard for copyright infringement

If the amount of illegal income is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if the amount of illegal income is huge or there are other serious circumstances, If there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

1. If the amount of illegal gains is relatively large or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined;

2. If the amount of illegal gains is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined.

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