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Copyright transfer
发表时间:2019-04-11     阅读次数:     字体:【

The copyright owner assigns the property rights in his copyright to others. The methods of copyright transfer include inheritance, donation and paid transfer. Paid transfer of copyright is the basic content of copyright transaction, also known as "selling copyright" in China. The transfer of copyright can be the transfer of some property rights in the copyright, or the transfer of all property rights in the copyright; It may be transferred during a certain period of copyright protection, or it may be transferred during the entire term of copyright protection. All Copyrights are transferred with compensation during the whole term of copyright protection, which is also known as "copyright sold out" in China.

Since personal rights are not transferable, in the case of copyright including personal rights, the transfer of copyright only refers to the transfer of copyright property rights. However, in some countries, such as the Soviet union and some socialist countries in eastern Europe, the law prohibits the transfer of copyright and only authorizes the use of copyright, because they believe that copyright is inseparable from personal rights and property rights. China also bans the sale of Copyrights. The difference between copyright transfer and authorized use is: (1) after the transfer of copyright, the original copyright owners no longer enjoy the right to be transferred, the transferee becomes the new copyright owners; However, in the case of authorized use, the copyright still belongs to the original copyright owner, and the licensee only has the right to use the work in the manner and conditions agreed by both parties. After the transfer of copyright, rights are violated, the assignee has the right to file a lawsuit to the court, and the licensee is not this right; (3) after the transfer of copyright, the transferee generally has no obligation to use the work, and the licensee must use the work in the manner agreed by both parties; (4) transfer is generally permanent or a longer time, and the authorization of use is generally limited to a shorter time; 5. The payment for transfer is higher, and the payment for authorized use is lower. Generally, the transfer of copyright shall be made by signing a written contract. Some countries also stipulate that contracts for the transfer of copyright must be registered. The transfer of property rights in original works such as manuscripts and paintings is not generally regarded as the transfer of copyright.

Copyright transfer refers to the legal action that the copyright owner transfers all or part of the property rights in the copyright to others with compensation or free. This transfer can usually be made by sale, barter, gift or bequest. The person who transfers the copyright is called the transferor, and the person who accepts the copyright is called the transferee. Different from licensing others to use works, the legal consequence of transferring copyright is that the transferor loses the transferred rights. The assignee acquires the transferred rights and thus becomes the new copyright owner. Commonly known as "sell out" or "sell out" copyright transfer. In countries that allow the transfer of copyright, only the property rights in copyright can be transferred, and the personal rights in copyright cannot be transferred. In some countries, the transfer of copyright is valid only if it is made by a written contract or other legal form and signed by the copyright owner or his agent. In some countries, the copyright transfer must go through the registration procedure, can against the third party. The transfer of copyright is necessarily the transfer of the right to complete property rights, that is to say, whether the transfer of publishing rights, or the transfer of the right to change or any other kind of property rights, must be the use, income, disposal of the right to be transferred. If the transferee can only use the work, but cannot freely license others to use the work, or cannot freely transfer his rights, such incomplete transfer of power is actually not the transfer of copyright in the strict sense, but the licensed use of the work. The various property rights in a copyright may be transferred separately. For example, the right to publish is transferred to the publishing house, the right to perform is transferred to the performing group, the right to record is transferred to the audio and video company, the right to broadcast is transferred to the radio station, and so on. Even a single property right may be transferred to different persons depending on the manner in which it is used. For example, the transferor transfers the French version of the translation right to the publishing house a, the English version to the publishing house b, the German version to the publishing house c, and so on. The transfer of copyright may also be geographical. For example, for the same English translation right, the transferor transfers the English translation right of the United States and Canada to a publishing house in the United States, the English translation right of Asia to a publishing house in India, the English translation right of Europe to a publishing house in the United Kingdom, and so on. From the situation of different countries, the transfer of copyright can be permanent, that is, the entire duration of copyright protection; It can also be a term, that is, a number of years within the copyright protection period. There is a difference between a term assignment and a proprietary license.

For related questions, please contact huaxu zhengxin intellectual property: 010-67089491, WeChat public platform: huaip1, or email: info@huaip.com.


 
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