1. Is the copyright transfer required to be recorded?
Copyright transfer does not necessarily require filing. The registration and filing system adopts a voluntary principle. Although whether to register with the copyright management department will not affect the legal validity of the copyright transfer contract, if there is a filing procedure, the relevant specific agreements can be clarified.
Article 25 of the "Copyright Implementation Regulations of the People's Republic of China"
With copyright owners If you enter into an exclusive license contract or transfer contract, you may file it with the copyright administrative department.
2. What is the use of finding a lawyer when encountering copyright infringement?
Useful, the lawyer is familiar with the law, has rich experience in handling legal affairs, and can quickly help the parties understand the nature of the legal relationship etc., can help the parties handle the case more professionally. Through professional legal knowledge and case-handling experience, lawyers can raise well-founded questions and refute the other party in the mediation of infringement disputes, making it easier for the mediation to be successful. Infringement identification is the core and key of infringement disputes. The results of the appraisal directly affect the assumption of liability, the amount of compensation and the issue of winning the lawsuit. Therefore, the role of the lawyer becomes more important in the appraisal.
For each case, the appraisal agency requires the parties to write a written statement and key points of dispute, and submit evidence materials. These are the key points of verification by the appraisal agency. Because intellectual property rights are extensive and profound, appraisal institutions will also have many appraisal opinions. During appraisal, they should communicate with the appraisers frequently and provide theoretical literature as the basis for appraisal.
3. What is the copyright transfer process?
Transfer of copyright requires the copyright owner and the transferee to sign a transfer agreement , agree on the name of the work, the type of rights to be transferred, the geographical scope, the transfer price, etc., and then apply to the registration authority and submit the transfer agreement and other materials, which will review and decide whether to register.
Article 27 of the Copyright Law of the People's Republic of China
Assignment of Article 10, Paragraph 1 (5) of this Law ) to (17), a written contract shall be concluded.
The rights transfer contract includes the following main contents:
(1) The name of the work;
(2) The type and geographical scope of the transferred rights;
(3) Transfer price;(4) Date and method of delivering the transfer price;
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(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.
Article 28 of the Copyright Law of the People's Republic of China
Pledge of copyright , the pledgor and the pledgee shall register the pledge with the copyright administrative department of the State Council.
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