Legal issues to pay attention to when signing a copyright transfer contract
1. Regarding the issue of litigation jurisdiction, both parties must When contracting, it is best to stipulate the place of court jurisdiction at the place where the copyright transfer contract is signed, or at the court where both parties are located.
2. The transferee may stipulate in the copyright transfer contract that if the transferor fails to transfer its copyright in accordance with the copyright transfer contract, the transferee has the right to request the revocation of the copyright. Assign the contract and claim compensation.
3. Regarding the time when the copyright transfer takes effect, it is best for both parties to agree on the time in the copyright transfer contract as: the date when the last transfer fee is settled. shall prevail to prevent future disputes.
Copyright transfer contracts should generally be in writing, and the contract should contain the following main terms:
1. The name of the work
2. The type of rights transferred, the geographical scope and the period. Property rights in copyright include reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights, etc. The parties should clearly agree in the contract whether to transfer part or all of their rights. The geographical scope and time of use after transfer should be clearly defined to avoid disputes.
3. Transfer price. The transfer price is the remuneration that the transferor should receive for transferring rights, and is also the main obligation that the transferee should bear. The transfer price agreed upon between the parties may be determined by taking into account factors such as the type of transferred rights, the geographical scope and period of use, the quality of the work, and the extent of the work's impact on society. In real life, some rights holders use auction to select the counterparty of the contract, which can also be used as a method to agree on the price.
4. The date and method of delivering the transfer price. Delivery of the transfer price is the main obligation of the transferee. When is the transfer price due?The parties should agree in the contract whether delivery should be delivered over time, in installments or all at once.
5. Liability for breach of contract. Liability for breach of contract refers to the legal liability that a party shall bear in accordance with the contract or legal provisions if it fails to perform its obligations under the contract. Agreeing on breach of contract liability clauses in the contract can avoid or reduce disputes, and can also provide a basis for handling disputes after they occur.
In the above, the editor has brought you the main terms that a copyright transfer contract should contain and the precautions for the contract
