What are the responsibilities of the transferee in copyright transfer
1. Copyright Whether the behavior of a bona fide assignee or licensee in repeated authorization or transfer constitutes infringement
Copyright, like property rights, has an absolutely exclusive nature and is an absolute exclusive right. It should be excluded from infringement by anyone. Everyone has the obligation not to infringe or interfere with it. The transferee in good faith or the Licensors are no exception. Although a bona fide transferee or licensee has no fault, but his behavior constitutes infringement, he shall still bear the responsibility to stop the infringement. Therefore, based on the determination of copyright ownership, if the good-faith transferee or licensee has no fault, it can and should still be ordered to stop the use or infringement.
2. Compensation liability of bona fide transferees and licensees in repeated transfers and authorizations of copyrights
Infringement damages are based on the principle of fault, and compensation for losses must be based on fault.
Protecting bona fide third parties, thereby maintaining transaction security and ultimately promoting transaction prosperity, is an objective requirement for any property rights transaction, including intellectual property transactions. Although our country's intellectual property laws do not clearly stipulate the issue of bona fide third parties, our country's intellectual property laws and judicial practices recognize the protection of reliance on third parties. In the case where the later transferee, as a bona fide transferee or licensee, has paid the corresponding consideration in accordance with the contract, it can no longer be ordered to compensate the earlier transferee for its losses or return its profits.
The right holder’s repeated transfer of copyright or exclusive licensing fundamentally violates the principle of good faith in civil law and should be considered a violation of legal provisions. It is a kind of civil fraud and should be prohibited by law.
The above two points are relevant contentIntroduction, it is necessary for the transferee to have a good understanding in order to better transfer the copyright. In practice, if some of the rights and interests of the transferee are damaged, legal rights can also be safeguarded through legal channels. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.