1. Can copyright be pledged
1. Can copyright be pledged? According to relevant legal provisions, copyright pledge registration refers to a debtor or a third party that pledges the property rights in its copyright in accordance with the law and uses the property rights as a guarantee for the creditor's rights. When the debtor fails to perform its debts, the creditor has the right to receive priority payment by discounting the property right or using the proceeds from the auction or sale of the property right in accordance with the law.
2. Legal basis:
"Civil Code of the People's Republic of China" Article 39 Article 14: In order to guarantee the performance of a debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor. If the debtor fails to perform the due debt or the circumstances agreed by the parties to realize the mortgage rights occur, the creditor shall have the right to take legal action against the property. Property will be paid first.
The debtor or third party specified in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property providing guarantee is the mortgaged property.
Article 4 of the "Copyright Pledge Registration Measures" stipulates that if the copyright is pledged, the pledger and the pledgee shall enter into a written pledge contract and shall be signed by Both parties shall jointly register the copyright pledge with the registration agency.
The pledgor and the pledgee can handle it themselves or entrust an agent to handle it.
Article 5 of the "Copyright Pledge Registration Measures" stipulates that the establishment, change, transfer and elimination of copyright pledges shall be recorded in the "Copyright Pledge Registration Book" takes effect.
2. What are the procedures for registering a copyright pledge contract
The registration procedure is as follows:
1. Pledgor A written contract must be concluded with the pledgee and registered with the registration authority.
2. Application for registration of pledge contract:
Registration of copyright pledge contract shall be made by The pledgor and the pledgee shall jointly go to the registration authority to apply. However, either the pledgor or the pledgee can also apply with the other party's power of attorney.
3. The registration authority’s review of the application:
The registration authority shall receive the application The review of application documents will be completed within ten working days from the date when all application documents are submitted. After reviewing the pledge contract that meets the regulations, the registration authority will register it and issue a "Copyright Pledge Contract Registration Certificate".
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