How to register a copyright pledge contract?
If the property rights in the copyright are pledged, the pledger and the pledgee shall enter into a written contract and register it with the registration authority. A copyright pledge contract shall take effect from the date of issuance of the Registration Certificate for Copyright Pledge Contract.
1. Registration authority for pledge contracts
According to my country’s Copyright According to the provisions of the Measures for the Registration of Pledge Contracts, the National Copyright Administration is the administrative authority for the registration of copyright pledge contracts. The National Copyright Administration designates a specialized agency to register copyright pledge contracts and collect registration fees.
2. Application for Registration of Pledge Contract
Copyright Pledge Contract For registration, the pledgor and the pledgee shall jointly apply to the registration authority. However, either the pledgor or the pledgee can also apply with the other party's power of attorney.
(1) Documents that should be submitted
When the parties apply for registration of a copyright pledge contract, they should submit The agency provides the following documents:
1. Copyright pledge contract application form filled out as required;
2 , legal identity certificate or legal person registration certificate of the pledgor and pledgee;
3. Main contract and copyright pledge contract;
4. Proof of rights to the work;
5. If the joint copyright is pledged, a written agreement between the joint copyright owners;
6. If property rights in computer software copyrights are pledged to foreigners, approval documents from the relevant competent authorities of the State Council;
7. Letter of authorization and Proof of legal identity of the client;
8. Documents proving the authorized use of the copyright before the copyright is pledged;
9. Other materials that need to be provided.
(2) Contents that the pledge contract should include:
1. Name (or name) and address of the party concerned;
2. Type and amount of the guaranteed principal claim;
3. The time limit for the debtor to perform its debt;
4. The type, scope and protection period of the pledged copyright;
5. Scope of pledge guarantee;6. Period of pledge guarantee;
7. The amount of pledge and payment method;
8. Other matters agreed by the parties.
3. Review of applications by the registration authority
The registration authority shall, after receiving all the application documents from the applicant, The review of the application documents will be completed within ten working days from the date of review. If the pledge contract meets the requirements after review, the registration authority will register it and issue a "Copyright Pledge Contract Registration Certificate". The registration authority will issue the "Copyright Pledge Contract Registration Certificate" at the same time , the registration information will be included in the copyright pledge contract registration document for public inspection.
If there is any of the following circumstances, the registration authority will not register:
(1) The content of the copyright pledge contract needs to be supplemented and corrected, but the applicant refuses to make the supplements or the supplements are unqualified;(2) The pledgor is not the copyright owner;
(3) PledgeThe works involved in the contract are not protected or the protection period has expired;
(4) The copyright ownership is disputed;
(5) The pledge contract stipulates that when the debt performance period expires and the pledgee has not been repaid, the property rights in the pledged copyright will be transferred to the pledgee;
(6) The applicant refuses to pay the registration fee.
Chinese citizens, legal persons or unincorporated entities that pledge property rights in computer software copyrights to foreigners must also obtain approval from the relevant competent authorities of the State Council.
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