Who bears the responsibility for repeated transfer of copyright
The so-called repeated transfer of copyright or Duplicate authorization disputes refer to when the copyright owner transfers the ownership or use rights of the copyright to the transferee or licensee by signing a copyright transfer contract or an exclusive license contract, and then transfers the ownership or use rights of the copyright to the transferee or licensee. Signing a transfer or licensing contract with an unknowing third party, repeatedly transferring the same rights or authorizing them in the form of an exclusive license, resulting in copyright infringement and confirmation of copyright between various transferees or licensees. dispute.
The right holder transfers the copyright repeatedly or makes it exclusive The permitted behavior fundamentally violates the principle of good faith in civil law and should be considered a violation of legal provisions and a form of civil fraud, which should be prohibited by law. If the prior assignee or licensee is found to own the copyright, and then the assignee, as a bona fide assignee or licensee, is not required to compensate for losses or return profits, the prior assignee or licensee may sue for compensation. How should bona fide transferees or licensees compensate for the losses they have suffered? The author believes that compensation should be sought from rights holders who have repeatedly transferred and authorized rights. If a subsequent transferee or licensee suffers losses, he or she may also seek compensation from the right holder based on the contract. The right holder shall bear corresponding legal liability for his fraudulent behavior.
What should you pay attention to when transferring copyright?
1. About the copyright transfer Transferred rights: When signing a contract, the parties must realize that copyright transfers are property rights, not personal rights. Therefore, the transferor can stipulate in the contract that if the transferee infringes the transferor's personal rights of copyright, such as the right of signature, right of modification, etc., the transferee should compensate the transferor accordingly.
2. The content of the transfer: Since there are many contents of copyright property rights, including reproduction rights, distribution rights, and rental rights,, exhibition rights, performance rights, screening rights, broadcasting rights, information network dissemination rights, filming rights, adaptation rights, translation rights, compilation rights and other rights that should be enjoyed by the copyright holder. Therefore, when signing a contract, it is necessary to indicate whether part or all of the rights are to be transferred. If it is partial rights, the transferred content must be clearly stated to avoid disputes in the future.
Who owns the copyright if the copyright is repeatedly transferred
In trial practice Among them, disputes arising from repeated transfer of copyright include situations where the subsequent transferee or licensee is at fault or when there is no fault. It is easier to grasp the fault of a later assignee or licensee, and it is usually directly confirmed that the earlier assignee or licensee has the right to enjoy the copyright.
Copyright, like property rights, has an absolutely exclusive nature and excludes infringement by anyone. Everyone has the obligation not to infringe or interfere with it. Without discussing whether infringement is constituted, as long as it is confirmed who owns the copyright, it can be determined that any person is free of infringement and obstruction, and bona fide transferees or licensees are no exception. Therefore, the bona fide transferee or licensee should be judged to stop using the relevant work. In order to restore the original rights, the civil liability methods include eliminating the obstruction and stopping the infringement. The fault of the perpetrator is not required as an essential condition. The civil liability method of stopping infringement is often encountered in intellectual property infringement cases. Therefore, based on the determination of copyright ownership, if the good-faith transferee or licensee has no fault, it can and should still be ordered to stop using it. Act or cease infringement.
The above knowledge is the editor's answer to the question "Who bears the responsibility for repeated transfer of copyright?" When the copyright owner transfers the copyright repeatedly, the transferee will If the interests are infringed, the copyright holder shall bear corresponding responsibilities. If you need legal help, you are welcome to go to the Legal Savior Network for legal consultation.
