What are the terms that should be included in a copyright transfer agreement
1. The name of the work.
2. Type of rights transferred, geographical scope and period . Property rights in copyright include reproduction rights, distribution rights, rental rights, exhibition rights, performance rights, screening rights, broadcast rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights, etc. The parties should clearly agree in the contract whether to transfer part or all of their rights. The geographical scope and time of use after transfer should be clearly defined to avoid disputes.
3. Transfer price. The transfer price is the remuneration that the transferor should receive for transferring rights, and is also the main obligation that the transferee should bear. The transfer price agreed upon between the parties may be determined by taking into account factors such as the type of transferred rights, the geographical scope and period of use, the quality of the work, and the extent of the work's impact on society. In real life, some rights holders use auction to select the counterparty of the contract, which can also be used as a method to agree on the price.
4. The date and method of delivering the transfer price. Delivery of the transfer price is the main obligation of the transferee. The parties should agree in the contract when the transfer price will be delivered, in installments or in one lump sum.
5. Liability for breach of contract. Liability for breach of contract refers to the legal liability that a party shall bear in accordance with the contract or legal provisions if it fails to perform its obligations under the contract. Agreeing on breach of contract liability clauses in the contract can avoid or reduce disputes, and can also provide a basis for handling disputes after they occur.
Article 25 of the Copyright Law To transfer the rights specified in Items (5) to (17) of Paragraph 1 of Article 10 of this Law, a written contract shall be concluded.
The rights transfer contract includes the following main contents:
(1) Title of the work;
(2) Type of rights transferred and geographical scope;
(3) Transfer price;
(4) The date and method of delivering the transfer price;
(5) Liability for breach of contract;
(6) Other contents deemed necessary by both parties
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