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1) The permission to use the copyright does not change the ownership of the copyright. Through the copyright license contract, the licensee only obtains the right to use the work for a certain period of time, within the agreed scope and in a certain way, and the copyright still belongs to the copyright owner in its entirety, which will not lead to any defects in rights
2) 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. At the same time, the licensee cannot license its own rights to others without authorization, nor can it prohibit the copyright owner from licensing the same rights to others in exactly the same way, in the same territory and for the same period, unless the licensee enjoys exclusive licensing rights with subordinate licenses.
3) 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 has granted an exclusive right of use.
Copyright licensing is the act of authorizing others to use their works commercially in a certain way, for a certain period of time and within a certain geographical scope and to receive remuneration. Copyright licensing is an important legal act, through which certain rights and obligations can arise between the licensor and the licensee. The copyright owner may use the license contract to license one or more of the contents of the copyright property right to others, and at the same time collect a certain amount of copyright license fees from the licensee.
Copyright licensing contracts, also known as copyright licenses, are the most common types of copyrights.
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There are several types of statutory copyright permissions:
2. Using the published works of others for personal study, research or appreciation;
3. Other statutory copyright licenses approved by law.
[Legal basis].
Article 24 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.
In the following cases, the use of a work under the Nessier Jane may be made without the permission of the copyright owner and without payment of remuneration to him, provided that the name or title of the author and the title of the work shall be indicated, and shall not affect the normal use of the work, and shall not reasonably damage the legitimate rights and interests of the copyright owner:
1) Using published works of others for personal study, research or appreciation;
3) Inevitably reproducing or quoting published works in newspapers, periodicals, radio stations, television stations, etc., for the purpose of reporting news;
13) Other circumstances provided for by laws and administrative regulations.
The provisions of the preceding paragraph apply to restrictions on copyright-related rights.
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Hello, the types of copyright licenses are:
1. A general license, also known as a "general license" or a "non-exclusive license", refers to the licensing method in which the licensor licenses the licensee to use the work within the specified scope, while retaining the license method of using the work within the scope and licensing others to use the work.
2. Exclusive license refers to the licensing method in which the licensor permits the licensee to use the work within the specified scope, while retaining the right to continue to use the work within the scope, but shall not separately permit others to use the work. Exclusive licenses have a higher degree of exclusivity than ordinary licenses and lower than exclusive licenses.
3. Exclusive license refers to the licensing method in which the licensor permits the licensee to use the work within the agreed scope, and at the same time, it has no right to exercise the relevant rights during the agreed license period, let alone separately license others to use the work. The exclusive license agreement, also known as the exclusive license contract, is a kind of international license contract, that is, within a certain territory and period, the transferee has the exclusive right to use the transferred technology, and the supplier and any third party are not allowed to use the technology to manufacture and sell products in the specified period. To do this, the transferee needs to pay a fairly high royalty and royalty to the supplier.
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Copyright licensing refers to the legal act of a copyright owner to use its work in a certain way, in a certain region and for a certain period of time.
The main clause of the copyright license contract is Article 24 of the Copyright Law:
1) The type of right to use the stool slippery and rotten.
2) The right to use is either exclusive or non-exclusive.
3) The scope and period of permission to make jujube omission.
4) Remuneration standards and methods.
5) Liability for breach of contract.
6) Other contents that both parties believe need to be agreed upon by Zheng.
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The statutory copyright licensing system refers to the legal system that clearly stipulates in China's Copyright Law that under specific circumstances such as the implementation of compulsory education, national education planning, and personal learning, the act of using the copyrighted works of others without the permission of others shall not be deemed to be infringing in accordance with the law.
[Legal basis].Article 25 of the Copyright Law of the People's Republic of China, which came into effect on June 1, 2021.
Textbooks for the purpose of carrying out compulsory education and the national plan for disturbing education may be compiled in the textbooks without the permission of the copyright owner, excerpts of published works, short literary works, ** works, or works of art, photography, or graphics without the front of Li Li, provided that remuneration shall be paid to the copyright owner in accordance with provisions, indicating the name or title of the author or the title of the work, and other rights enjoyed by the copyright owner in accordance with this Law must not be infringed.
The provisions of the preceding paragraph apply to restrictions on copyright-related rights.
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. >>>More
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