What terms should be included in a copyright transfer contract
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) Date and method of delivery of transfer price ;
(5) Liability for breach of contract;
(6) Other contents that both parties deem necessary to agree on.
The transfer of copyright has the following characteristics:
1. The object of copyright transfer is property rights. my country's Copyright Law stipulates that the content of copyright is divided into personal rights and property rights. Personal rights of copyright refer to the personal rights related to the work that the author enjoys in accordance with the law for creating the work. This personal right is closely related to the author's personal interests, is permanent, inalienable, and cannot be transferred. Therefore, my country’s Copyright Law stipulates that the objects of copyright transfer can only be the relevant rights stipulated in Article 10 of the Copyright Law.
2. The transfer of copyright leads to the change of the copyright owner. When the copyright property rights of a work are transferred from the obligee to the transferee, the transferee becomes the copyright holder of the work, resulting in a change in the subject of the copyright. However, this change of the subject of rights is different from the change of the subject of rights in property law. In property law, the original subject and successor subject of property ownership cannot have independent rights to the same subject matter. When the owner transfers his property, he loses the right subject qualification, and the transferee becomes the owner of the property. In copyright law, the original subject and successor subject of copyright may each share interests in the same work. Of course, if the right holder transfers all the property rights of the work, the transferee is the subject of the entire copyright; if the right holder transfers part of the property rights of the work, the transferee is the subject of part of the copyright.
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