What should I pay attention to when using copyright?

The contract established for the licensing of copyright is called a civil contract, so it needs to follow the provisions of the General Principles of the Civil Law and the Contract Law, in addition to the special provisions of the Copyright Law. So what should be paid attention to when using copyright? Today, we have sorted out the content of Bajie Intellectual Property to answer your questions, I hope it will be helpful to you.

What should I pay attention to when using copyright? 1.Form of ContractWith regard to the form of the contract, the Copyright Law does not make any special requirements, so the parties may use both written form, oral form or other forms.

However, Article 23 of the Regulations for the Implementation of the Copyright Law makes some restrictive ,......Where the right to use is an exclusive right to use, it shall be in writing, except for the publication of works by newspapers and periodicals. 2.The content of the rights addresses the type of rights and the nature of the validity of the rights 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 for the need for further precision between the parties (or due to limited understanding of the Copyright Law), the name and content of the rights can also be defined in a way that is agreed upon by both parties and conforms to industry practices. 3.

Time, territorial scopeTime, and territorial 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. The term of copyright license is generally 5 to 10 years, and permanent license is rare.

In the latter case, the licensee obtains the right to use the right to remain valid for the remainder of the copyright protection period, and if the right is exclusive, it is not much different from the effect of the transfer of rights. 4.Royalties are the main 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 be more interested in non-economic interests, and will therefore waive royalties or even provide financial subsidies to the licensee, such as paying page fees for publishing scholarship. What should I pay attention to when licensing copyright? If you have more questions about copyright, you can continue to pay attention to Bajie intellectual property rights, or contact us.

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: Copyright licensing refers to the legal act of the copyright owner to use the licensed user of his work in a certain way, in a certain territory and for a certain period of time. The main terms of the copyright license contract are:

1) the type of right to permit the misuse of the needy army; (2) the right to use is exclusive or non-exclusive; (3) The scope and duration of permitted use.

Legal basis: "Copyright Law of the People's Republic of China" Article 24 The use of other people's auspicious files shall enter into a license contract with the copyright owner, except for those provided for in this law 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 permitted use; (4) Remuneration standards and methods; (5) Liability for breach of contract; (6) Other contents that both parties deem necessary to agree.

Legal analysis: Copyright licensing refers to the legal act of the copyright owner to use the copyright owner of its work in a certain way, in a certain area and within a certain period of time. The main terms of the copyright license contract are:

1) the type of right to use the license; (2) the right to use is exclusive or non-exclusive; (3) The scope and duration of permitted use.

Legal basis: Copyright Law of the People's Republic of China Article 24 A license contract shall be concluded with the copyright owner for the use of others' works, except where this Law provides that permission may be obtained. 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 permitted use; (4) Remuneration standards and methods; (5) Liability for breach of contract; (6) Other contents that both parties deem necessary to include the agreement.

Legal analysis: The use of a work under the circumstances prescribed by law may be made without the permission of the copyright owner and without payment of remuneration to him, but the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this law shall not be infringed.

Legal basis: Copyright Law of the People's Republic of China Article 22 The use of a work may be carried out without the permission of the copyright owner and without payment of remuneration to the copyright owner under the following circumstances, provided that the name of the author and the title of the work shall be indicated, and other rights enjoyed by the copyright owner in accordance with this Law shall not be infringed: (1) using the published works of others for personal study, research or appreciation; (2) Appropriately quoting the work of others that have already been published in the work for the purpose of introducing or commenting on a work or illustrating a certain issue; (3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting current affairs news; (4) Newspapers, periodicals, radio stations, television stations, etc., or other newspapers, periodicals, radio stations, television stations, etc., that have already been published on current affairs on political, economic, or religious issues, except where the author declares that they are not allowed to be published; (5) Newspapers, periodicals, radio stations, television stations, etc., publishing or publishing speeches at public gatherings, except where the author declares that they are not allowed to publish; (6) Translate or reproduce in small quantities published works for the purpose of classroom teaching or scientific research in schools, for use by teaching or scientific research personnel, but must not publish or distribute them, etc.