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Anonymous users2024-02-06Due to the different types of works and the different ways in which the works are used, copyright licensing contracts can be classified from different perspectives.
1) According to the way the work is used, there are mainly the following types:
Publishing Contracts. It is an agreement between the copyright owner and the book publisher regarding the publication of the work.
Performance Contract. That is, a contract between the copyright owner and the performer, such as a performance contract between a script writer and a repertory troupe.
Recording contracts (audio and video recording contracts). That is, the contract concluded between the copyright owner and the audiovisual producer. The copyright owner hands over his works (such as ** works, opera works, etc.) to the audio-visual producer for use, who makes audio and video recordings and publishes them publicly, and the audio-visual producer pays a certain remuneration to the copyright owner.
Adaptation of the contract. It is an agreement signed between the copyright owner and the adaptor by allowing others to adapt their work. The form of adaptation is usually to adapt ** into a movie script or TV script, a drama script into ***, a scientific monograph into a popular science book, etc.
Production contracts. That is, the film production contract signed between the copyright owner and the film studio.
Translation contracts. That is, a contract concluded between the copyright owner and the translator, etc.
2) According to the scope of use authorized by the copyright owner, it can be divided into exclusive use contract and non-exclusive use contract. According to the Copyright Law, a book publishing contract is an exclusive use contract, and all contracts other than the book publishing contract can be non-exclusive use contracts.
3) According to the nature of the transfer of property rights in copyright, it can be divided into copyright license contract and copyright transfer contract. The former transfers the right to use the copyright, and the latter transfers the property right of the copyright.
4) According to whether the property rights of the copyright are fully transferred, it can be divided into a contract for the full transfer of copyright and a contract for the partial transfer of copyright. The former is the transfer of all the property rights in the copyright, and the latter is the transfer of part of the property rights of the copyright.
5) According to the way of concluding a copyright contract, it can be divided into written copyright contract and oral copyright contract.
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Anonymous users2024-02-05But there is also an author of this part, who does not sell the copyright of her work, but licenses the work to the TV series producer. This is often referred to as copyright licensing.
What is the definition of copyright licensing?
Copyright licensing refers to the fact that the copyright owner allows others to exercise its copyright under certain conditions on the premise of retaining its identity as the copyright owner. The so-called "certain conditions" include restrictions on the manner, time, and geographical scope of use, in addition to royalties.
What are the characteristics of copyright licensing?
1. The permission to use the copyright does not change the ownership of the copyright.
2. The copyright still belongs to the copyright owner in its entirety, and it will not cause any defects in rights. The rights of the licensee are subject to the provisions of the contract. The licensee cannot exercise the rights beyond the agreed agreement without authorization, and at the same time, it can only exercise the copyright in the agreed manner in the agreed territory and for the agreed period.
3. The licensee cannot license the rights he enjoys to others without authorization, nor can he prohibit the copyright owner from licensing others to use the same rights in exactly the same way, in the same territory and for the same period, unless the licensee enjoys the exclusive license right with the right of sub-license.
4. The licensee generally cannot file a lawsuit against the infringer in its own name against the infringement of its own rights and interests by a third party, because the licensee is not the subject of copyright, unless the copyright owner licenses the exclusive right of use.
Reminder: Copyright licensing means that the copyright owner allows others to exercise its copyright under certain conditions under certain conditions on the premise of retaining its identity as the copyright owner, and does not change the ownership of the copyright, but you must be cautious when signing a copyright license contract.
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Anonymous users2024-02-04Legal Analysis: The license contract includes the following main contents:
1) The type of right to be licensed, (2) The right to use the remaining hand is an exclusive right or a non-exclusive right to use, (3) The geographical scope and period of the licensed use, (4) The standard and method of payment, (5) The liability for breach of contract, and (6) Other contents that the parties deem necessary to agree.
Legal basis: Article 24 of the Copyright Law of the People's Republic of China The license contract includes the following main contents:
1) The type of right to be licensed, (2) The right to use is an exclusive right or a non-exclusive right to use, (3) The geographical scope and period of the license, (4) The standard and method of payment, (5) Liability for breach of contract, and (6) Other contents that the two parties deem necessary to agree.
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Anonymous users2024-02-03Legal Analysis: What are the classifications of contracts for the use of the right to use the right to make a mistake. At present, China's intellectual property law scholars generally agree that:
There are three types of copyright, patent, and trademark licenses: exclusive (or exclusive) licenses, exclusive (or exclusive) licenses, and ordinary (or general) licenses.
Legal basis: Copyright Law of the People's Republic of China Article 27 A written contract shall be concluded for the transfer of the rights provided for in subparagraphs (5) to (17) of the first paragraph of Article 10 of this Law.
a) the title of the work;
2) the type and geographical scope of the transferred rights;
3) the transfer price;
4) the date and manner of delivery of the transfer price;
5) Liability for breach of contract;
6) Other contents that both parties deem necessary to agree.
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Anonymous users2024-02-02Commonly used copyright licensing contracts can be broadly divided into four types:
1. Publishing contract.
A publishing contract refers to an agreement under which the copyright owner licenses the publisher to exercise the right to publish his work. The so-called right of publication is actually the sum of the right of reproduction and the right of distribution. Since the main forms of works are books and articles, the publishing contract can be roughly divided into a book publishing contract and an article publishing contract.
2. Performance contract.
A performance contract is an agreement under which the copyright owner licenses the performer to exercise the performance rights of his work.
3. Recording contract.
A recording contract refers to an agreement under which the copyright owner licenses the recorder to exercise the recording right of his work.
Legal basis] Article 24 of the Copyright Law, the use of another person's work shall be subject to a license contract with the copyright owner, except for those provided for in this Law without permission. The license contract includes the following main contents: (1) the type of right to be licensed; (2) The right to use is an exclusive right or a non-exclusive right to use; (3) The geographical scope and period of permitted use; (4) Remuneration standards and methods; 5) Liability for breach of contract; 6) Other contents that both parties deem necessary to agree.
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Anonymous users2024-02-01Legal Analysis: What are the classifications of contracts for the use of copyright licensing rights? At present, China's intellectual property law scholars generally agree that:
Copyright, Patent, and Trademark licenses are included and can be divided into three types: exclusive (or exclusive) licenses, exclusive (or exclusive) licenses, and ordinary (or general) licenses.
Legal basis: Copyright Law of the People's Republic of China Article 27 A written contract shall be concluded for the transfer of the rights provided for in subparagraphs (5) to (10 or 7) of the first paragraph of Article 10 of this Law.
a) the title of the work;
2) the type and territorial scope of the rights transferred;
3) the transfer price;
4) the date and manner of delivery of the transfer price;
5) Liability for breach of contract by erecting old servants;
6) Other contents that both parties deem necessary to agree.
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Anonymous users2024-01-31Legal analysis: According to the provisions of the Law on Copyright Users, the use of another person's work shall enter into a license contract with the copyright owner, which includes the following main contents: (1) the type of right to be licensed; (2) The right to use is an exclusive right or a non-exclusive right to use; (3) The geographical scope and period of permitted use; (4) Remuneration standards and methods; 5) Liability for breach of contract; 6) Other contents that both parties deem necessary to agree.
Legal basis: Copyright Law of the People's Republic of China Article 24 The use of another person's work shall be the same as that of the copyright owner, except where this Law provides that it may be used without permission. The license contract includes the following main elements:
1) The type of right to be licensed; (2) The right to use is an exclusive right or a non-exclusive right to use; (3) The geographical scope and period of the license to use the digital fiber potato; (4) Remuneration standards and methods; 5) Liability for breach of contract; 6) Other contents that both parties deem necessary to agree.
But there is also an author of this part, who does not sell the copyright of her work, but licenses the work to the TV series producer. This is often referred to as copyright licensing. >>>More
But there is also an author of this part, who does not sell the copyright of her work, but licenses the work to the TV series producer. This is often referred to as copyright licensing. >>>More
The significance of the registration of software copyright, the Ministry of Finance and the State Administration of Taxation "on the implementation of the Communist Party of China's decision on strengthening technological innovation, developing high technology, and realizing industrialization of the notice on tax issues" stipulates that the business tax shall be levied on the computer software registered by the National Copyright Administration and transferred at the time of sale at the time of sale, and no value-added tax shall be levied. The significance of the registration of software copyrightArticle 32 of the Notice on Printing and Distributing Several Policies to Encourage the Development of the Software Industry and the Integrated Circuit Industry stipulates: >>>More
The statutory permission of the Copyright Law of the Legal Network] The statutory permission has the following circumstances: (1) For the purpose of compiling and publishing textbooks for the implementation of nine-year compulsory education and national education planning, unless the author declares in advance that it is not allowed to use them, it may compile fragments of published works or short text works, ** works or single works of art or photographic works in the textbooks without the permission of the copyright owner, but remuneration shall be paid in accordance with the regulations, indicating the name of the author and the title of the work. and shall not infringe other rights enjoyed by the copyright owner in accordance with the Copyright Law; (2) After the work is published in newspapers and periodicals, other newspapers and periodicals may publish it in newspapers and periodicals, except for the copyright owner's statement that it shall not be excerpted or compiled; (3) The producer of a sound recording may make a sound recording without the permission of the copyright owner, but shall pay remuneration in accordance with the provisions when using the ** work that has been legally recorded as a sound recording by another person as a sound recording; The copyright owner declares that it is not allowed to use it. (4) Radio and television stations** published works by others; (5) Sound recordings that have been published by radio stations and television stations** may be released without the permission of the copyright owner, but remuneration shall be paid. >>>More
1) Using published works of others for personal study, research or appreciation; >>>More