What are the obligations of the licensee of the copyright license contract?

It is stipulated that the main terms of the contract shall include the following aspects:

1 The type of right to use the license, that is, the way in which the work is licensed. The copyright license contract must clearly specify 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 either exclusive or non-exclusive. The exclusive right of use is an exclusive and exclusive right, which means that after the copyright owner authorizes the licensed copyright to the licensee, during the validity period of the contract, the above rights can neither be reauthorized 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.

3. Geographical scope and duration of permitted use. The territorial scope of the licensed use refers to the territorial validity of the licensed copyright. It is usually manifested in the scope of reproduction, distribution, performance rights or ** rights, and translation rights of works.

The term of the licensed use refers to the validity of the copyrighted copyright in terms of time, that is, the term of use of the work. These contents should be clearly stipulated in the contract.

4 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.

5 Liability for Breach of Agreement. Liability for breach of contract refers to the legal liability that one or both parties to a contract shall bear in accordance with the provisions of the law or in accordance with the agreement of the parties after failing to perform or improperly performing the obligations agreed in the contract. A copyright license contract is a legal document that binds both parties.

The rights and obligations established by the parties in the contract are protected by law and shall be conscientiously performed. However, it is not uncommon for one or both parties to breach the contract. Therefore, when the two parties sign a copyright license contract, they should clearly stipulate in the contract the liability for breach of contract that should be borne in the event of a breach of contract.

The content of the liability for breach of contract includes liquidated damages, compensation for losses, and the calculation method of the amount of compensation.

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.