How to identify a copyright transfer contract
Both parties shall enter into a written transfer contract, and the written transfer contract shall include the following main contents:
1. The name of the work;
2. Type and geographical scope of transfer rights;
3. Transfer price;
4. The date and method of delivering the transfer price;
5. Liability for breach of contract;
6. Other contents deemed necessary by both parties.
After the contract is signed, the assignee can only exercise the contract The transferee shall not use rights expressly agreed upon without permission or express permission.
For civil cases involving copyright disputes arising from copyright transfer contracts, The "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" clarifies the handling of disputes between the transfer parties due to the failure to adopt written forms for the transfer of rights, and examines whether the contract is established in accordance with the provisions of the Civil Code.
Laws, administrative regulations or agreement between the parties, in writing When a contract is concluded and the parties do not use it in writing but one party has performed its main obligations and the other party accepts it, the contract is established. When a contract is concluded using a written contract, and one party has performed its main obligations and the other party accepts it before signing or sealing, the contract is established. The People's Court reviewed in accordance with the provisions of the Contract Law and held that the copyright transfer contract dispute arising from the fact that the two parties did not sign a written contract or that the contract did not take effect complied with the requirements stipulated in the Contract Law. It determined that the copyright transfer contract was established and both parties should perform their rights and obligations in accordance with the contract.
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