1. Which organizations can be authorized by the copyright holder to exercise copyright rights
1. Copyright owners and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. To authorize a copyright collective management organization to exercise copyright, a written contract must be signed.
2. Legal basis: "Copyright Law of the People's Republic of China"
Article 8 Copyright Persons and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. A copyright collective management organization established in accordance with the law is a non-profit legal person. After being authorized, it can assert rights on behalf of copyright owners and copyright-related rights holders in its own name, and can act as a party in litigation, arbitration, or litigation involving copyright or copyright-related rights. Mediation activities.
Copyright collective management organizations charge royalties from users based on authorization. The standard for collecting royalties is determined through negotiation between the copyright collective management organization and user representatives. If the negotiation fails, you can apply to the national copyright authority for a ruling. If you are not satisfied with the ruling, you can file a lawsuit with the People's Court; the parties can also file a lawsuit directly with the People's Court. litigation.
Copyright collective management organizations should regularly report to the public the overall situation of the collection and transfer of royalties, the withdrawal and use of management fees, and the unallocated portion of royalties. Publication, and a rights information inquiry system should be established for inquiry by rights holders and users. The national copyright administration department shall supervise and manage copyright collective management organizations in accordance with the law.
The establishment method, rights and obligations, collection and distribution of royalties, and its supervision and management of copyright collective management organizations shall be separately stipulated by the State Council.
2. What are the characteristics of copyright permission?
1. Copyright permission does not change the ownership of the copyright. Through a copyright licensing contract, what the licensee obtains is only the right to use the work in a certain manner within a certain period of time, within the agreed scope, and in a certain way. The copyright still fully belongs to the copyright owner and will not cause any rights defects.
2. The rights of the licensee are subject to the provisions of the contract. The licensee cannot exercise rights beyond the scope of the agreement without authorization. At the same time, the licensee can only exercise the copyright in the agreed way and within the agreed area and period. At the same time, the licensee cannot license the rights he enjoys to others without authorization, nor can he prohibit the copyright owner from licensing the same rights to others in exactly the same way, in the same region and within the same period, unless the licensee enjoys exclusive rights. License rights with the right to sublicense.
3. The licensee generally cannot file a lawsuit against the infringer in his own name against a third party that infringes upon his rights, because the licensee does not own the copyright subject, unless the copyright owner permits exclusive use.
According to the provisions of the Copyright Law, copyright owners and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. To authorize a copyright collective management organization to exercise copyright, a written contract must be signed. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
No comments yet. Say something...