What do rights holders need to pay attention to after signing a copyright collective management contract
The right holder and the copyright collective management organization enter into a copyright collective agreement After managing the contract, you may not exercise or allow others to exercise the rights stipulated in the contract to be exercised by the copyright collective management organization within the time limit stipulated in the contract.
Copyright transfer contracts should generally be in writing, and the contract should Contains the following main terms:
1. Title of the work.
2. Type of rights transferred, geographical scope and 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 the rights, and is also the main obligation that the transferee should bear. When the transfer price is agreed upon between the parties, the number of types of rights to be transferred, and The geographical scope and period of use, the quality of the work, the extent of the work's impact on society and other factors are determined. In real life, some rights holders choose the counterparty of the contract through auction, which can also be used as a form of agreed price. Method.
4. The date of delivery of the transfer price and Method. Delivery of the transfer price is the main obligation of the transferee. The parties should agree in the contract when to deliver the transfer price, in installments or in one go.
5. Liability for breach of contract. Liability for breach of contract means that one party fails to perform its obligations under the contract. In accordance with the contract or Legal liability stipulated by law. Agreeing on liability for breach of contract in the contract can avoid or reduce disputes, and can also provide a basis for handling disputes after they occur.
How to resolve copyright registration contract disputes
Copyright contract disputes refer to both parties to the contract Disputes over issues arising during the conclusion and performance of the contract.
According to the regulations, there are the following three ways to resolve copyright contract disputes:
1. Mediation.In the event of a contract dispute, either party may apply for mediation to the contract management authority prescribed by the state.
2. Arbitration. After a copyright contract dispute occurs, the contract Both parties apply to the copyright agency for arbitration in accordance with the arbitration clause agreed in the contract. Once the arbitration is made, it will be legally effective. The parties shall perform. If one party fails to perform, the other party may apply to the People's Court for enforcement.
3. Litigation. That is, the parties file a civil lawsuit in the People’s Court. Litigation, requesting the People's Court to make a ruling in accordance with the law.
When your copyright is infringed by others, you must When defending your rights, finding a professional lawyer can provide better help. If the rights holder does not know what to do when signing a copyright collective management contract, he or she can come to the Legal Savior website to find a lawyer to help you.
