What does the copyright pledge contract registration procedure include?

Copyright pledge means that the debtor or a third party pledges the property rights in the Copyright in accordance with the law and uses the property rights as a guarantee 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. What does the copyright pledge contract registration procedure include? Please follow the editor of Legal Savior Network to learn more below.

What is included in the copyright pledge contract registration procedure

Copyright pledge means that the debtor or a third party legally transfers its copyright The property rights in the loan 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 debtor or third party is the pledger, and the creditor is the pledgee. 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.

If the property rights in the copyright are pledged, the The pledgee and the pledgee shall enter into a written contract and register it with the registration authority. A copyright pledge contract shall take effect from the date of issuance of the Registration Certificate for Copyright Pledge Contract.

1. Registration authority for pledge contracts

2. Application for registration of pledge contract

For the registration of a copyright pledge contract, the pledgor and the pledgee should jointly apply to the registration authority. However, either the pledgor or the pledgee can also apply with a power of attorney from the other party. .

(1) Documents that should be submitted

When applying for registration of a copyright pledge contract, the party concerned shall provide the following documents to the registration authority:

1. Complete the copyright pledge contract application form as required;

2. Legal identity certificate or legal person registration certificate of the pledgor and pledgee;

3. Main contract and copyright pledge contract;

4. Proof of rights to the work;

5. If a joint copyright is pledged, a written agreement between the joint copyright owners;

6. If property rights in computer software copyrights are pledged to foreigners, approval documents from the relevant competent authorities of the State Council;

7. Power of attorney and legal identity certificate of the authorized person;

8. Documents proving the authorized use of the copyright before the copyright is pledged;

9. Other materials that need to be provided.

(2) Contents that the pledge contract should include:

1. Name (or designation) and address of the party concerned;

2. Type and amount of the guaranteed principal claim;

3. The time limit for the debtor to perform its debt;

4. Type, scope and protection period of the pledged copyright;

5. Scope of pledge guarantee;

6. Period of pledge guarantee;

7. Pledge amount and payment method;

8. Other matters agreed upon by the parties.

3. Review of applications by registration authorities

The registration authority shall complete the review of the application documents on the day it receives all the application documents from the applicant. After reviewing the pledge contract that meets the regulations, the registration authority shall register it and issue a "Copyright Pledge Contract Registration Certificate". The registration authority shall issue the At the same time as the "Copyright Pledge Contract Registration Certificate", the registration information will be included in the copyright pledge contract registration document for public inspection.

If there is any of the following circumstances, the registration authority will not register:

(1) The content of the copyright pledge contract needs to be corrected, but the applicant refuses to make the corrections or the corrections are unqualified;

(2) The pledgor is not the copyright owner;

(3) The works involved in the pledge contract are not protected or the protection period has expired;

(4) Copyright ownership is disputed;

(5) The pledge contract stipulates that when the debt performance period expires and the pledgee has not been repaid, the property rights in the pledged copyright will be transferred to the pledgee. ;

(6) The applicant refuses to pay the registration fee .

Chinese citizens, legal persons or unincorporated entities The pledge of property rights in computer software copyrights to foreigners must also be approved by the relevant competent authorities of the State Council.

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