What are the matters needing attention in the performance of a copyright transfer contract
(1) Rights not expressly permitted by the copyright owner in the contract, Without the permission of the copyright owner, the other party may not exercise it. This means that if the contract clearly stipulates how the licensee can use the work, the licensee cannot use the work in a way beyond what is agreed in the contract.
(2) When publishers, performers, audio and video producers, radio stations, television stations, etc. obtain the right to use another person's copyright in accordance with this Act, they shall not infringe the author's signature rights, the right to modify, the right to protect the integrity of the work and the right to receive remuneration. When using a work, the author's name must be attributed. As for using the real name, pseudonym or anonymity, the author's wishes should be followed. Authors have the right to make modifications to their works, either by themselves or by authorizing others to make them. The editor of the publishing house can delete and correct obvious wording errors, grammatical errors, and historical errors in the author's manuscript. This does not constitute an infringement of the right to make corrections. However, if the plot or parts of the work are adapted without errors, it will infringe the author's copyright. The author's exercise of the right to modify is also subject to certain restrictions. For example, after the ownership of an artistic work is transferred, if the author wants to modify it, he must obtain the consent of the owner of the original work.
What contents should be included in a copyright transfer contract
"Copyright Law of the People's Republic of China" stipulates the transfer of copyright law When transferring the rights specified in Items 5 to 17 of Paragraph 1 of Article 10, both parties shall enter into a written transfer contract, and the written transfer contract shall include the following main contents:
1. The name of the work;
2. The type and geographical scope of the transferred rights;
3. Transfer price;
4. Delivery transfer price Date and manner of gold;
5. Liability for breach of contract;
6. Other contents deemed necessary by both parties.
After the contract is signed, the assignee can only exercise the rights expressly stipulated in the contract. The assignee may not use the rights without permission or explicit permission.
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"Civil Code" stipulates: "Laws, administrative regulations or parties' agreements require a written form to conclude a contract. If the parties do not use written form but one party has performed its main obligations and the other party accepts it, The contract is established. "The law also stipulates: "When a contract is concluded in a written contract, and one party has performed its main obligations before signing or sealing, and the other party accepts it, the contract is established. "The People's Court reviewed in accordance with the provisions of the Civil Code and held that the copyright transfer contract dispute arising from the fact that the two parties had not signed a written contract or that the contract had not taken effect complied with the requirements stipulated in the Civil Code. It determined that the copyright transfer contract was established and both parties should perform their rights and obligations in accordance with the contract.
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