What is the exclusive right to use copyright, and what are the rights to use copyright

The copyright law of the People's Republic of China divides the licensed use of copyright property rights into exclusive use rights and non-exclusive use rights, but the law does not clearly define the connotation and extension of exclusive use rights and non-exclusive use rights. So what is the exclusive right to use copyright? Exclusive right of use of copyrightExclusive right of use of copyright:

China's copyright law divides the licensed use of copyright property rights into exclusive and non-exclusive rights, but the law does not clearly define the connotation and extension of exclusive and non-exclusive rights. Article 24 of the Regulations for the Implementation of the Copyright Law, which is a subordinate law, stipulates that the content of the exclusive right of use provided for in Article 24 of the Copyright Law shall be stipulated in the contract, and if there is no agreement in the contract or the agreement is unclear, the licensee shall be deemed to have the right to exclude anyone, including the copyright owner, from using the work in the same way; Unless otherwise agreed in the contract, the licensee must obtain the permission of the copyright owner to permit a third party to exercise the same right. According to this provision and applying the classification concept of permitted use in the Trademark Law, the concept of exclusive use in the Copyright Law is equivalent to the exclusive license and exclusive license in the Trademark Law.

If it is expressly agreed that the copyright owner may use the work in the same way, it is exclusive; If there is no agreement or the agreement is not clear, it is exclusive and the licensee may exclude anyone, including the copyright owner, from doing the same. 1. Exclusive license refers to the exclusive right granted by the copyright owner to the introducer to use the copyright within the time and territory specified in the contract, and the copyright owner cannot use the copyright within the scope of this scope, let alone re-grant the copyright to a third party. 2 Exclusive license means that within the time and scope specified in the contract, the copyright owner authorizes the introducer to use its copyright, and at the same time, it still retains the right to continue to use the copyright within the same scope, but cannot grant the copyright to a third party.

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.

The provisions of the Copyright Law on the right of use include: to use the work of the copyright owner, a license contract shall be signed with the copyright owner, and the content of the contract includes: the type of right to be licensed, the territorial scope, the period, the liability for breach of contract, the standard and method of payment, etc.

Copyright may be used reasonably within the scope of the Copyright Law without the permission of the copyright owner and without paying remuneration to the copyright owner.

[Legal basis].

Article 26 of the Copyright Law of the People's Republic of China: A license contract shall be concluded with the copyright owner for the use of his works, except where this Law provides that permission may be obtained. The license contract includes the following main contents: (1) the type of rights to be licensed; (Zen Mo 2) The right to use is an exclusive right to use 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 sides deem necessary to make an auspicious omen.

1 Types of Licensed Rights.

China's Law on the Right of Authorship stipulates that copyright owners may license others to use copyright property rights such as the right of reproduction, distribution, rental, exhibition, performance, screening, broadcasting, information network dissemination, filming, adaptation, translation, and compilation. Therefore, the copyright license contract must clearly state the manner in which the licensee is authorized to use the work, such as authorizing the adaptation, and the adaptor should be clearly permitted to change the work to what form. The parties must specify the type of rights that are permitted at the time of entering into the contract.

2. The right to use is either exclusive or non-exclusive.

This clause is to clarify the nature of the right to use it. Because of copyright, the use of permission can be either an exclusive license, an exclusive license, or a general license. The rights and obligations enjoyed by the parties are also very different from each other in different types of licensing contracts, and the licensing fees are also very different, so the nature of the licensing rights in the contract must be clarified.

Article 24 of the Regulations for the Implementation of the Copyright Law of the People's Republic of China stipulates that the content of the exclusive right of use shall be stipulated in the contract, and if the contract does not stipulate or the agreement is unclear, it shall be deemed that the licensee has the right to exclude anyone, including the copyright owner, from using the work in the same way.

3. Geographical scope and duration of permitted use.

A copyright license contract is an act in which the copyright owner licenses others to use its work in a specific way within a certain period of time and territory, so the territorial scope and duration of the license are also important terms of the copyright license contract. Among them, the territorial scope refers to the territorial effect of the licensed copyright, which is usually manifested in the scope of reproduction and distribution of the work, the scope of **, etc. The duration of the license refers to the validity of the copyright to be used in time.

4 Remuneration standards and methods.

Article 27 of China's "Copyright Law" stipulates that 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 department of the Zen Hall. 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. The purpose of a copyright owner to license others to use his work is not only to disseminate excellent works and enrich the spiritual and cultural life of society, but more importantly, to realize the economic value of the property rights of the copyright.

In addition, clarifying the remuneration standards and methods will also help the accurate performance of the contract and reduce the occurrence of disputes.

5 Liability for Breach of Agreement.

The parties are supposed to perform their rights and obligations under the contract in a full and timely manner, but due to the lack of sincerity of one party or changes in objective circumstances, it often happens that one or both parties are unable to perform their obligations in accordance with the contract. The breach of contract clause is the legal basis for resolving such disputes. The parties should stipulate in the copyright license contract the circumstances under which a breach of contract may occur, the calculation of the loss caused by the breach of contract, and the risk sharing and confusion.

Legal analysis: The right to use copyright refers to two categories: moral rights and property rights. The right to use copyright can be obtained by way of licensing, inheritance, gift and transfer, and the right holder shall not infringe on the author's right of authorship, modification, or protection of the integrity of the work, no matter how the user obtains the right to use the work.

If the user obtains the exclusive right to license the copyright through licensing, the user must obtain the consent of the copyright owner if the user allows a third party to use the right of use.

Legal basis: Article 11 of the Copyright Law of the People's Republic of China Copyright belongs to the author, except as otherwise provided in this Law. The natural grinder who creates the work is the author.

A work that is presided over by a legal person or unincorporated organization, created on behalf of the will of the legal person or unincorporated organization, and for which the legal person or unincorporated organization bears responsibility, is deemed to be the author.

Article 12: The natural person, legal person, or unincorporated organization that signs the work is the author, and the corresponding rights exist in the work, except where there is proof to the contrary. Authors and other copyright owners may register their works with a registration authority designated by the competent national copyright authority. The provisions of the preceding two paragraphs shall apply to the rights related to copyright by reference.

Article 24: The use of another person's work shall conclude a license contract with the copyright owner, except where this Law provides that permission may be required. 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;