What is the effective registration system for copyright transfer?

The more and more people are creating their own creations, the more people are transferring them. The implementation of an effective registration system for copyright transfer is determined by the characteristics of copyright transfer and is also in line with the legislative spirit of my country's Property Law. What is the effective registration system for copyright transfer? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What is the effective registration system for copyright transfer

It is stipulated that the registration of copyright transfer has the effect against third parties. Specifically, the copyright legislation stipulates that the transfer of copyright must be registered by the copyright management department. A registered transfer of copyright is entitled against third parties. When duplicate transfers of copyright occur, the registered transfer of copyright shall be valid. It should be noted that copyright transfer does not require registration as a condition for its effectiveness. If no third party is involved and no repeated transfer occurs, the copyright transfer will still be valid even if it is not registered. We can regard this registration as a limited condition for the validity of copyright transfer.

Implementation of copyright transfer The effective registration system is determined by the characteristics of copyright transfer and is also in line with the legislative spirit of my country’s Property Law. From the perspective of legal relations regulated by civil law, copyright property rights belong to property rights. According to the provisions of my country's Property Law, the objects of property rights are divided into movable property and immovable property. The establishment, change, transfer and disappearance of property rights in movable and immovable property are governed by law. The transfer of property rights of real estate requires registration to be effective. For example, the transfer of house ownership, including gifts and sales, requires registration to be legally effective. Transfer of real estate property rights without registration is invalid. The transfer of movable property is divided into two situations: one is that registration is not required as a condition for taking effect, and it can be delivered in accordance with legal provisions; the other is thatIt takes registration as a limited valid condition and stipulates that unregistered transfers shall not be opposed to bona fide third parties, which mainly include the transfer of movable assets such as ships, aircraft, motor vehicles and other large vehicles.

Other objects in chattels also include various rights , such as money orders, checks, stocks, bills of lading, deposit slips, accounts receivable, and property rights in intellectual property rights such as copyrights, patents, and trademarks. Since patent rights and trademark rights are authorized by the state in accordance with Chinese laws, the Patent Law and Trademark Law also stipulate that the transfer of patent rights and trademark rights must be registered to be effective. As for copyright property rights, which are also movables, since my country's Copyright Law stipulates that copyright automatically arises when creation is completed and does not require state authorization, there is no effective registration system for copyright transfer.

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