What is copyright pledge registration
Measures for registration of copyright pledge contracts (issued by the National Copyright Administration on September 23, 1996)
Article 3: 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. A copyright pledge contract shall take effect from the date of issuance of the Registration Certificate for Copyright Pledge Contract.
Article 4 The National Copyright Administration is the administrative agency for the registration of copyright pledge contracts. The National Copyright Administration designates a specialized agency to register copyright pledge contracts.
Article 5: The pledger and the pledgee shall jointly apply to the registration authority for registration of a copyright pledge contract. However, either the pledgor or the pledgee can also apply with the other party's power of attorney.
Article 6 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.
Article 7 When applying for registration of a copyright pledge contract, the parties shall provide the following documents to the registration authority: (1) Copyright pledge contract application form filled in as required; (2) ) Proof of legal identity or registration certificate of legal person of the pledger or 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) Letter of authorization and legal identity certificate of the entrusted person; (8) Authorized use of the copyright before the copyright is pledged Documents proving the situation; (9) Other materials that need to be provided.
Article 8 A copyright pledge contract shall include the following contents: (1) Name (or designation) and address of the parties; (2) Type of principal creditor's rights guaranteed, The amount; (3) The time limit for the debtor to perform its debt; (4) The type, scope and guarantee of the pledged copyrightperiod of protection; (5) the scope of the pledge guarantee; (6) the period of the pledge guarantee; (7) the amount of the pledge and the method of payment; (8) other matters agreed upon by the parties.
Article 9 The registration authority shall complete the review of the application documents within 10 working days from the date of receipt of all the application documents from the applicant. After reviewing the pledge contract that meets the regulations, the registration authority will register it and issue a "Copyright Pledge Contract Registration Certificate". When the registration authority issues the "Copyright Pledge Contract Registration Certificate", the registration information will be included in the copyright pledge contract registration documents for public inspection.
Article 10: The registration authority will not register under any of the following circumstances: (1) The contents of the copyright pledge contract need to be supplemented and corrected, and the applicant refuses to make the corrections or the corrections are unqualified (2) The pledger is not the copyright owner; (3) The works involved in the pledge contract are not protected or the protection period has expired; (4) The ownership of the copyright is disputed; (5) The pledge contract stipulates that during the performance of the debt When the pledgee has not been paid off at the expiration of the term, the property rights in the pledged copyright are transferred to the pledgee; (6) The applicant refuses to pay the registration fee.
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