It is concluded by agreement between both parties. A copyright transfer contract refers to an agreement reached between the copyright owner and the transferee on the transfer of part or all of the property rights enjoyed by the copyright owner in the work. What is transferred in a copyright transfer contract can only be the property rights specified in Items (5) to (17) of Article 10, Paragraph 1, of the Copyright Law, but not personal rights.
According to the provisions of the Copyright Law, a written contract must be concluded to transfer the rights specified in Items (5) to (17) of Article 10, Paragraph 1 of the Copyright Law . The contract should contain the following main terms:
1. The name of the work. The name must be accurate.
2. Type, geographical scope and period of transferred rights. Property rights in copyright include reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights, etc. The parties should clearly stipulate in the contract whether part or all of the rights will be transferred, as well as the geographical scope and time of use after the transfer.
3. Transfer price. The transfer price is the remuneration the transferor should receive for transferring rights.
4. The date and method of delivering the transfer price. Delivery of the transfer price is the main obligation of the transferee. Whether the transfer price is to be delivered at what time, in installments or in one lump sum, the transferee shall perform it as stipulated in the contract.
5. Liability for breach of contract. Liability for breach of contract refers to the legal liability that a party shall bear in accordance with the contract or legal provisions if it fails to perform its obligations under the contract.
