How to distinguish between copyright license and copyright transfer
Copyright can be inherited and donated. Non-copyright owners can not only pass the copyright In addition to acquiring copyright through inheritance and donation, copyright can also be acquired through copyright license and copyright transfer. There is an essential difference between the copyright obtained by a non-copyright owner through copyright license and copyright transfer.
1. With the permission of copyright, the non-copyright owner only obtains the right to use the work, and the actual possessor of the copyright is still the original copyright owner; and the copyright owner By transfer, the non-copyright owner acquires all the copyright property rights enjoyed by the original copyright, and the original copyright owner loses these rights;
2. Licensee of the copyright You have no right to file an infringement lawsuit against someone else's copyright infringement, and the right to file an infringement lawsuit is still exercised by the original copyright owner. For copyrights acquired due to copyright transfer, the original copyright owner loses the right to sue for infringement due to the transfer of rights, while the transferred person has the right to file a lawsuit in the people's court for copyright infringement.
What is copyright transfer
Copyright transfer refers to the transfer of all or part of the property rights in the copyright for a fee or The gratuitous transfer of all legal actions to others. This transfer can usually be accomplished through sale, exchange, gift or bequest. The copyright owner who transfers the copyright is called the assignor, and the other person who accepts the copyright is called the assignee. Unlike licensing others to use a work, the legal consequence of transferring copyright is that the transferor loses the transferred rights; the transferee acquires the transferred rights and becomes a new copyright owner. Transferring copyright is commonly known as selling out or selling out the copyright. In countries that allow the transfer of copyright, only the property rights in the copyright can be transferred, and the personal rights in the copyright cannot be transferred.
The transfer of copyright must be the transfer of complete property rights. That is to say, whether the copyright is transferred, the adaptation right or any other property right must be transferred. The rights to use, profit and disposal are transferred together. If the transferee can only use the work, but cannot freely license others to use the work, or cannot freely transfer his rights, the transfer of rights is incomplete.In fact, it is not a transfer of copyright in the strict sense, but a license to use the work.
Various property rights in copyright can be transferred separately.
Copyright transfer can also be done geographically.
Judging from the situation in different countries, copyright transfer can be permanent, that is, for the entire period; it can also be limited, that is, a number of years during the copyright protection period. of. There is a difference between a term transfer and an exclusive license.
The above is the relevant legal knowledge compiled for you by the editor of Legal Savior Network. Both copyright transfer and copyright license require the signing of a contract. Therefore, it is undoubtedly beneficial to clarify the difference between copyright license and copyright transfer. If your situation is more complicated, you are welcome to consult with a lawyer on this website.
