What is the registration procedure for a copyright pledge contract
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
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 and collect registration fees.
Two, Application for registration of pledge contract
Copyright pledge contract For registration, the pledgor and the pledgee shall jointly apply to the registration authority. However, either the pledgor or the pledgee can also apply with the other party's power of attorney.
(1) Documents that should be submitted
When the parties apply for registration of a copyright pledge contract, they 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, the State Council Approval documents from relevant competent authorities;
7. Authorization Letter 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. The name (or designation) of the party concerned and Address;
2. Type of guaranteed principal claim , amount;
3. The time limit for the debtor to perform its debts ;
4. Type, scope and protection period of the pledged copyright;
5. Scope of pledge guarantee;
6. Period of pledge guarantee;
7. Amount of pledge and method of payment;
8. Parties Other matters agreed upon.
3. Review of applications by the registration authority
span>The registration authority shall receive the complete application documents from the applicant. The review of application documents will be completed from that date. 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.
In any of the following circumstances, the registration authority shall not To be registered:
(1) Contents of copyright pledge contract Corrections are required and the applicant refuses to make corrections or make correctionsThose who are unqualified;
(2) Pledge The person is not the owner of the copyright;
(3) Pledge The works involved in the 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 to foreign countries A person's pledge of property rights in computer software copyrights must also be approved by the relevant competent authorities of the State Council.
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