What are the legal requirements for the pledgor of copyright?
According to the "Security Law" and the "Contract Registration Measures" The relevant regulations should comply with the following provisions:
(1) The copyright pledger must be the legal copyright owner. The copyright is jointly owned by two or more people, and the pledgor is all copyright owners. Chinese citizens, legal persons or unincorporated entities that pledge property rights in computer software copyrights to foreigners must obtain approval from the relevant competent authorities of the State Council.
(2) 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. The contract shall take effect from the date of issuance of the Contract Registration Certificate.
(3) After making a pledge, the pledgor shall not transfer or permit others to use the property rights in the pledged copyright without authorization. If the pledgor obtains the consent of the pledgee, it may transfer or permit others to use it, but the transfer fee or license fee earned by the pledgor shall be paid to the pledgee in advance for the secured creditor's rights or to the third party agreed with the pledgee. Three people withdraw and deposit.
(4) The pledgee shall not use the property rights in the pledged copyright without authorization. The purpose is only to guarantee the creditor's rights and not for the use of the pledgee. If Any use of these rights by the pledgee without consent shall constitute infringement.
(5) After the guaranteed creditor's rights are extinguished due to repayment, offset, etc., the pledgee shall assist the pledgor to go to the registration authority to handle contract cancellation registration.
What is copyright pledge
Copyright pledge means that the debtor or a third party legally transfers its copyright The property rights are pledged and used as security for the creditor's rights. When the debtor fails to perform its debts, the creditor has the right to receive priority payment by discounting the property right or using the proceeds from the auction or sale of the property right in accordance with the law. The creditor is the pledgee, and the debtor or a third party is the pledger.
In accordance with the "GuaranteeAccording to the Law, there are three types of debt security: mortgage, pledge and lien. Pledge can be divided into two types: movable property pledge and rights pledge. The property right in copyright is a transferable property right, so it can become the subject of rights pledge. It is a pledge of rights in the form of security.
3. What rights does copyright mainly include
Copyright includes personal rights and property rights:
Personal rights, also known as moral rights, specifically include:(1) Right of publication, that is, the right to decide whether a work will be made public;
(2) Right of signature, that is, the right to indicate the identity of the author and sign the work;
(3) The right to modify, that is, the right to modify or authorize others to modify the work;
(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion or tampering ;
Property rights, also known as economic rights, include:
(1) Right of reproduction, that is, printing The right to make one or more copies of the work by means of copying, rubbing, recording, videotaping, ripping, and remake;
(2) Distribution right, that is, the right to The right to provide originals or copies of works to the public by selling or donating them;
(3) The right to rent, that is, to license others to temporarily use film works and similar productions for a fee Rights to works created using film methods and computer software, except where computer software is not the main subject of rental;
(4) Exhibition rights, that is, the public display of fine art works, The right to the original or copy of the photographic work;
(5) Performance right, that is, the right to perform the work publicly and to publicly broadcast the performance of the work by various means;
(6) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment ;
(7) Broadcasting rights, that is, publicly broadcasting or disseminating works by wireless means toThe right to communicate broadcast works to the public by means of cable transmission or retransmission, and the right to communicate broadcast works to the public through loudspeakers or other similar means of transmitting symbols, sounds, and images;
(8) Information network dissemination right, that is, the right to provide works to the public through wired or wireless means so that the public can obtain the works at a time and place of their personal choosing;
(9) Filming right, that is, the right to fix the work on a carrier by making a movie or by a method similar to making a movie;
(10 ) The right of adaptation, that is, the right to change the work and create a new original work;
(11) The right of translation, that is, the right to convert the work from one language to The right of another language;
(12) The right of compilation, that is, the right to assemble a work or fragments of a work into a new work by selecting or arranging it;
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(13) Other rights that should be enjoyed by the copyright owner.
The above knowledge is the editor’s answer to the question “What are the legal requirements for the pledger of copyright?” According to the provisions of the Guarantee Law and other laws, the copyright owner To pledge a copyright, one must be the owner of the copyright, sign a pledge contract and register it, etc. If readers need legal help from a lawyer, they are welcome to go to the Legal Savior Network for legal consultation.
