1. What terms should be included in the 2022 software copyright transfer contract
1. The name of the work.
2. Type, geographical scope and period of transferred rights
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 what the transferor should pay for the transfer of rights. The remuneration received is also the main obligation of the assignee. 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. Date and method of delivery of 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 means that one party fails to perform its obligations under the contract. Legal responsibilities that should be borne in accordance with contractual agreements or legal provisions. 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.
2. Things to note when signing a copyright transfer contract
1. Regarding the issue of litigation jurisdiction, when the two parties sign a copyright transfer contract, It is best to stipulate the place of court jurisdiction at the place where the copyright transfer contract is signed, or at the court where both parties are located.
2. The transferee can stipulate in the copyright transfer contract, If the transferor fails to transfer its copyright in accordance with the copyright transfer contract, the transferee has the right to request the termination of the copyright transfer contract and compensation.
3. Regarding copyright transfer As for the effective time, it is best for both parties to agree on the time in the copyright transfer contract as: the date when the last transfer fee is settled to prevent future disputes.
