What are the terms included in the copyright license contract

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.

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.

Legal 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.

The contract established for the licensing of copyright is called a licensing contract, which is also a civil contract, so it should also follow the provisions of the Civil Code. In addition, the Copyright Law also makes some special provisions on the main terms and other relevant contents of the license contract. The issues that should be paid attention to in the conclusion of the copyright license contract are generally as follows:

1. The use of other people's works shall conclude a contract with the copyright owner or obtain a license. This is a general principle requirement.

2. The contract should include the following main terms: the manner in which the work is licensed to be used; The right to use is either exclusive or non-exclusive; the scope and duration of the permitted use; remuneration standards and methods; liability for breach of contract; Other contents that the parties deem necessary to agree.

3. The other party shall not exercise the rights not expressly permitted by the copyright owner in the contract without the permission of the copyright owner. Wide tour.

4. The validity period of the contract shall not exceed 10 years, and the contract can be renewed upon expiration.

Article 24: The use of another person's work shall be subject to a license contract with 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 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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2.The use of another person's work shall be subject to a contract or permission to be obtained from the copyright owner. This omission is a general principle requirement.

4.The content of the copyright license contract The contract that is rejected due to the use of copyright is called a license contract, and it is also a kind of civil contract.

The standard of payment or remuneration for the use of works shall be implemented in accordance with the provisions formulated by the administrative department for copyright, and where the contract provides otherwise, remuneration may also be paid in accordance with the contract book. 5) Liability for breach of contract. 6) Other contents that both parties agree to agree

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The precautions for the license contract are as follows:

1. The form of the contract does not have special requirements for the form of the contract, so the parties can use both written form, oral form or other forms. However, Article 23 of the Regulations for the Implementation of the Copyright Law imposes some restrictions on the fact that the right to use is an exclusive right of use, which shall be in written form, except for the publication of works by newspapers and periodicals.

2. The content of the rightThe content of the right solves the problem of the type and effect of the right to be licensed. This is the most critical part of a licensing contract. The types of rights are generally determined in accordance with the definition of each right in Article 10, Paragraph 1 of the Copyright Law, but the name and content of the rights can also be defined in a way that is mutually agreed upon by the parties and conforms to industry practice for the need for further precision (or due to limited understanding of the Copyright Law).

As for the nature of effect, it refers to the exclusive nature of the right of use that the license agreement gives to the licensee the exclusionary force against the use of others. Article 24, Paragraph 2, Item 2 of the Copyright Law distinguishes between exclusive and non-exclusive rights. The exclusive right of use means that the licensee is authorized on the one hand, and no one else can use the same, including the copyright owner (i.e., the licensor).

On the contrary, non-exclusive use rights are not allowed to exclude use by others. This means that the copyright owner can also use the work in the same way, and he can also license it to third parties.

3. Time, territorial scopeTime, and geographical scope are important factors to further define the scope of validity of the licensed right of use. There is no particular restriction on this by law, and it is usually freely agreed upon by the parties as needed.

4. The royalty is the most important and important income of the copyright owner, and the standard and payment method should be clearly stipulated in the contract. Of course, in a few cases, the copyright owner may value non-economic interests more, so they will give up royalties and even provide financial subsidies to the licensee, such as paying page fees for publishing academic research. The standard of royalties shall be paid by the parties in accordance with the market agreement, and may be paid with reference to the remuneration standards formulated by the National Copyright Administration in conjunction with relevant departments; Where the parties' agreement is not clear, the standards formulated by the above-mentioned organs are to be enforced.

1. The type of right to be licensed, that is, the way in which the work is licensed.

The copyright license contract must clearly state the manner in which the copyright owner authorizes the licensee to use the work. For example, if you authorize a translator, you should specify what kind of language you are authorized to use the translation. It can be used in one or several ways, but be sure to be clearly agreed.

2. The right to use is an exclusive right or a non-exclusive right to use.

The exclusive right of use is an exclusive and exclusive right, which means that after the copyright owner has authorized the licensed copyright to the licensee, during the validity period of the contract, the above rights can neither be relicensed to a third party for use, nor can he use it himself. The non-exclusive right of use means that after the copyright owner licenses one or more copyrights to others, the same rights can be sublicensed to a third party during the validity period of the contract. There is a big difference between exclusive and non-exclusive use rights.

Copyright law requires the licensee to clearly stipulate the nature of the licensed use when entering into a contract with the copyright owner, in order to protect the legitimate interests of the licensee. If the nature of the license is not expressly stipulated in the contract, the law can usually only consider that the licensee has obtained a non-exclusive right of use.

1. Remuneration standards and methods.

According to Article 27 of the Copyright Law, the remuneration standard for the use of the work may be agreed upon by the parties, or the remuneration may be paid in accordance with the remuneration standard formulated by the copyright administrative department in conjunction with the relevant departments. Where the agreement of the parties is not clear, remuneration shall be paid in accordance with the remuneration standards formulated by the copyright administrative management department in conjunction with the relevant departments. If the work is reprinted, the author is still paid in the agreed proportions and methods.

The method of payment is the specific method of payment, for example, whether it is paid in cash or by cheque; Whether to pay in renminbi or to pay some kind of international hard currency that can be converted. If there are specific requirements, they should be clearly agreed in the contract.

2. The geographical scope and duration of the permitted use.

The territorial scope of the licensed use refers to the territorial effect of the licensed copyright. It is usually manifested in the scope of reproduction, distribution, performance rights or ** rights, and the scope of translation rights. The term of the license refers to the validity of the copyright that is licensed for use in time, that is, the number of years of use of the work.

These contents should be clearly stipulated in the contract. After the revision of China's Copyright Law, there are no mandatory provisions on the validity period of such contracts, so it can be considered that the validity period of the license contract should be negotiated between the copyright owner and the licensee, but the validity period shall not exceed the validity period of the copyright owner protected by the Copyright Law in accordance with the law.