Copyright Law stipulates that: to use other people’s works, you must enter into a contract with the copyright owner or obtain permission, except where there are special provisions in the law. A copyright licensing contract includes: The following main terms:
1) The method of licensing the use of the work, such as a publishing license, a sound and video license, a performance license, or a radio and television broadcast license, etc. should be specified in the contract stipulations to prevent users from using the work beyond its scope.
2) The permitted use rights are exclusive use rights or non-exclusive use rights. If it is an exclusive use right, the user who has obtained an exclusive use right has the right to exclude all others, including the copyright owner, from using the work in the same way. Marking this point in the contract will help clarify the rights of the user and the copyright owner.
3) Scope and period of licensed use. The scope of the permitted use area should be clearly stated in the contract, and the validity period of the contract should not exceed ten years. The contract can be renewed upon expiration.
4) Payment standards and methods. The standard of remuneration for use of works shall comply with the regulations formulated by the copyright administrative department of the State Council. If the contract provides otherwise, remuneration may also be paid in accordance with the contract.
5) Liability for breach of contract.
6) Other contents that both parties agree need to be agreed upon.
The National Copyright Administration is responsible for providing standard forms of various copyright licensing contracts.
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