How to handle copyright licensing contract disputes
1. Copyright What are the liabilities for breach of contract
Article 53 of the "Copyright Law" stipulates: If a party fails to perform its contractual obligations or the performance of its contractual obligations does not meet the agreed conditions, it shall Bear civil liability in accordance with the Civil Code, Civil Code and other relevant legal provisions.
According to the provisions of the Civil Code, copyright The assumption of liability for breach of contract does not take fault as an essential condition, but adopts the position of no-fault liability. That is to say, as long as there is a breach of contract and there is a causal relationship between the breach of contract and the damage result, the breaching party should be responsible for its breach of contract. According to the provisions of the Civil Code and the Civil Code, the main ways to bear liability for breach of contract are as follows:
1. Continue to perform. That is to say, forced actual performance refers to the form of liability in which one party fails to perform or improperly performs its contractual obligations, and the other party has the right to require the defaulting party to continue to perform its contract obligations in full. However, there are also restrictions on continued performance. If one party fails to perform non-monetary debts or the performance of non-monetary debts does not comply with the agreement, if one of the following circumstances occurs, the debtor cannot be required to continue to perform the contract debts:
(1) Legally or factually impossible to perform;
(2) The subject matter of the debt is not suitable for forced performance or the performance cost is too high ;
(3) The creditor fails to require performance within a reasonable period of time.
2. Compensate for losses. It refers to the liability of the breaching party to compensate the other party for the losses suffered in accordance with the provisions of the contract or the provisions of the law. One party performs its contractual obligations or fails to perform its contractual obligationsIt is agreed that if losses are caused to the other party, the amount of compensation shall be equal to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract, but shall not exceed the possibility that the breaching party foresees or should foresee when entering into the contract. the losses caused. In other words, the scope of compensation can include indirect losses.
3. Pay liquidated damages. Refers to the form of liability for a certain amount of currency to be paid to the other party after one party breaches the contract, as agreed by the parties or directly stipulated by law. At the same time, Article 585 of the Civil Code also stipulates that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party based on the circumstances of the breach, and may also agree on a method for calculating the amount of compensation for losses arising from the breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase the amount; if the agreed liquidated damages are excessive, they may be appropriately reduced. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform its debts after paying the liquidated damages.
4. Deposit responsibility. The deposit can be used both as a guarantee and as a form of civil liability. The parties may agree that one party shall pay money to the other party as security for the creditor's rights. After the debtor performs its debt, the deposit shall be used as payment or recovered. If the party who paid the deposit fulfills the agreed debt, the deposit shall be returned in double the amount. For example, in a publishing contract, both parties can agree that the publisher will pay a deposit to the author as a guarantee for publishing the work on time. If the publisher cannot publish the work on time, it has no right to request a return of the deposit. If the author is unwilling to publish his work, he should Double deposit refund. If the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses.
2. How to resolve copyright contract disputes
Copyright contract Disputes refer to disputes between the parties to a contract regarding issues that arise during the formation and performance of the contract.
According to the regulations of the People's Republic of China, there are the following three ways to resolve copyright contract disputes:
1. Mediation. In the event of a contract dispute, either party may apply for mediation to the contract management authority prescribed by the state.
2. Arbitration. After a copyright contract dispute occurs, both parties to the contract apply to the copyright agency for arbitration in accordance with the arbitration clause agreed in the contract. Once the arbitration is made, it will be legally binding. The parties shall perform. If one party fails to perform, the other party may apply to the People's Court for enforcement.
3. Litigation. That is, the parties file a civil lawsuit with the People's Court and request the People's Court to make a judgment in accordance with the law.
Based on the above introduction, the copyright license contract Disputes can be resolved through negotiation based on the provisions of the contract. I believe that after reading the above introduction, you will have a certain understanding of the legal knowledge on how to resolve copyright contract disputes. If you still have legal questions in this regard, please consult the Legal Savior Network Lawyers, they will give you professional answers.