Copyright includes personal rights and property rights. Can both be the objects of copyright transfer? We believe that personal rights cannot be transferred, and the scope of rights for copyright transfer is only Can be limited to property rights. The reasons are as follows: First of all, the personal rights of authors are rights based on the author's act of creating Works. There are no two identical works in the world. Each work reflects the author's different thoughts and personality, and the personal dignity of citizens is protected by the Constitution. Unauthorized publication of other people's works, authorizing other people's works as one's own name, unauthorized modification or distortion of other people's works will infringe on the personal dignity of others; secondly, if personal rights become the object of copyright transfer, a large number of deceptive works will be produced, and high The signatures of skilled authors may be commercialized, and the final result is not only the production of a large number of inferior works, but also the destruction of the reputation of the signed authors. This chaotic situation will undoubtedly trigger a series of legal and social problems. In summary, personal rights should not be the object of copyright transfer, and copyright transfer can only be limited to copyright property rights.
In the copyright legislation of various countries around the world, many countries have clearly stipulated that the personal rights of copyright are not transferable. For example, Article 94 of the British Copyright Law stipulates: “The rights (moral rights) conferred by Chapter 4 shall not be transferred.” Article 25 of my country’s Copyright Law clearly stipulates: “Assignment of the rights (moral rights) conferred by Article 10 of this Law ( A written contract should be concluded for the rights specified in items 5) to 17." Although it does not explicitly stipulate that personal rights cannot be transferred, it has been clearly stipulated that the scope of transfer of copyright is limited to property rights, so personal rights are excluded. It is self-evident that it is outside the scope of copyright transfer.
For relevant laws, please refer to:
Article 10 of the Copyright Law of the People’s Republic of China includes the following: Personal rights and property rights:
(1) Right of publication, that is, the right to decide whether a work will be made public;
(2) The right of signature, that is, the right to indicate the identity of the author and sign the work;
(3) The right of modification, 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 and tampering;
(5) Right of reproduction, namelyThe right to make one or more copies of the work by printing, copying, rubbing, recording, videotaping, ripping, remaking, etc.;
(6) Distribution rights, That is, the right to provide originals or copies of works to the public by selling or donating them;
(7) Rental rights, that is, allowing others to temporarily use film works and other Rights to works and computer software created using methods similar to filmmaking, except where computer software is not the main subject of rental;
(8) Exhibition rights, that is, public display of fine arts The right to originals or copies of works and photographic works;
(9) Performance rights, that is, the right to publicly perform works and publicly broadcast performances of works by various means Rights;
(10) Screening rights, that is, the public reproduction of art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment. The rights;
(11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, and the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the right to disseminate broadcast works to the public through loudspeakers or other similar tools that transmit symbols, sounds, and images;
(12) Information network dissemination rights, That is, providing the work to the public through wired or wireless means, so that the public can obtain the rights to the work at the time and place of their personal choosing;
(13) Filming rights , that is, the right to fix the work on a carrier by making a movie or using a method similar to making a movie;
(14) The right of adaptation, that is, changing the work and creating The right to create new and original works;
(15) Translation rights, that is, the right to convert works from one language into another;
(16) Right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;
(17) Other rights that should be enjoyed by the copyright owner.
The copyright owner may permit others to exercise the rights specified in items (5) to (17) of the preceding paragraph., and receive remuneration in accordance with the agreement or the relevant provisions of this Law.
The copyright owner may transfer all or part of the rights specified in items (5) to (17) of paragraph 1 of this article, and in accordance with the agreement or the relevant provisions of this law Provide for getting paid.
Article 25 To transfer the rights specified in Items (5) to (17) of Paragraph 1 of Article 10 of this Law, a written contract shall be concluded .
The rights transfer contract includes the following main contents:
(1) Name of the work;
(2) Type and geographical scope of rights transferred;
(3) Transfer price;
(4) Date and method of delivery of transfer price;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties.