Are there any risks of copyright infringement if I copy it myself?
Generally speaking, the answer to this question is no.
Because the author has the right to create freely, of course he has the right Once again expanding or adapting a certain theme or a certain work will inevitably involve copying part of the original work. This is of course the author's creative freedom, but it must be clear that this conclusion establishes This is premised on the fact that the copyright to the author's previous works remains in his own hands. However, when the author has transferred the previous copyright, the conclusion may be completely different.
For works, generally speaking, their moral rights It is always attached to the author and will not be separated. There are three states of property rights: exclusive to the author; belonging to both the author and the licensee because of a general license relationship or an exclusive license relationship; and exclusive to the licensee because of an exclusive license relationship. It is not difficult to see that in an exclusive licensing relationship or an exclusive licensing contract relationship, if the author violates the contract and disposes or uses the relevant works beyond the contract during the validity period of the license contract, it will not only constitute a violation of the license contract, but also an infringement of the contract. The agreed content of rights to specific works.
In copyright licensing contracts, there are three basic types: ordinary license, Exclusive License and Exclusive License. The so-called general license means that the licensor allows the licensee to use the work within the specified scope, while retaining the right to use the work within the scope and permitting others to implement the work. The so-called exclusive license refers to a licensing method in which the licensor allows the licensee to use the work within the specified scope, while retaining its own right to use the work within the scope, but may not separately license others to implement the work. The so-called exclusive license refers to a licensing method in which the licensor allows the licensee to use the work within the specified scope. At the same time, he has no right to exercise relevant rights during the license period, let alone license other people to implement the work. It is not difficult to see that from a general license to an exclusive license, the degree of exclusivity of rights continues to increase and is tilted towards the direction of the licensee. For this reason, generally speaking, the licensee needs to pay more than ordinary licenses and licenses in order to obtain an exclusive license. Exclusive license for more transaction consideration.
Therefore, for an exclusive license, in the contract During the validity period, only the licensee has the sole and exclusive right to the specific copyright property rights of a certain work stipulated in the contract. At this time, the author's legal status is no different from that of an ordinary third party. If the contract is violated, the stipulated rights will be Any commercial interpretation or adaptation of the work not only constitutes a breach of contract, but also constitutes copyright infringement (infringement of the licensee's exclusive property rights of a specific work). Once the author signs the contract, it will impose great restrictions on the author's reuse of the work during the validity period of the contract; on the other hand, once the author signs an exclusive license contract and obtains a reasonable commercial consideration, he should respect the spirit of the contract and the contractual interests of the other party, and cannot Then use it in disguised form or license it to a third party for commercial use.
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