Can copyright royalties be recovered?

According to the relevant laws of our country, if the copyright owner can authorize others to use the work, the copyright owner can charge copyright authorization fees when authorizing others to use the works. So, can the copyright royalties be recovered? The following is conducted by the editor of Legal Savior Network for readers Answer, I hope the following knowledge will be helpful to readers.

1. Whether copyright royalties can be recovered

The copyright owner authorizes others to use them If the user fails to pay the authorization fee after acquiring the work, the copyright owner may recover the authorization fee through litigation.

"Copyright Law of the People's Republic of China"

Article 24 The use of other people's works must be Enter into a licensing Contract with the copyright holder, except where this law stipulates that no permission is required.

The licensing contract includes the following main contents:

(1) Types of licensed rights ;

(2) The right to use is exclusive or non-exclusive;

(3) Geographical scope and period of licensed use;

(4) Payment standards and methods;

(5) Liability for breach of contract;

(6) Other contents deemed necessary by both parties.

"Civil Procedure Law of the People's Republic of China"

Scope of application of Article 3

The People's Court shall apply the provisions of this Law when accepting civil lawsuits between citizens, legal persons, other organizations, and between them due to property relations and personal relations. .

2. Characteristics of Copyright License Agreement

1. The copyright licensing contract is a contractual contract. The establishment of a copyright licensing contract does not require the licensor to actually deliver the work to the licensee. The contract is established when all parties concerned express their intentions.

2. The copyright licensing contract is a bilateral contract. A bilateral contract refers to a contract in which both parties bear each other's obligation to pay. The reason why one party is willing to bear the obligation to pay is that he expects the payment to be made. The rights and obligations clause is the most important clause in a copyright licensing contract and is also the basis for contract performance. Any party that fails to fully and timely perform its contractual obligations will need to bear corresponding responsibilities.

3. The copyright licensing contract is a paid contract. A paid contract refers to a contract in which one party enjoys the rights and interests stipulated in the contract and must pay corresponding consideration to the other party. The creation of the work takes a lot of time and energy from the author, especially many excellent works, which require the author's lifetime energy and wisdom. If the licensee wants to use the work, he must pay a certain amount of remuneration to the copyright owner.

The above knowledge is the editor’s answer to relevant legal issues. After the copyright owner authorizes others to use the work, if the user fails to pay the authorization fee, the copyright owner can Litigation to recover licensing fees. If you need legal help, readers can go to the Legal Savior website for consultation. The Legal Savior website has professional lawyers to answer your questions.