What are the precautions for copyright licensing?

The contract established for the licensing of copyright is called a license contract. It is a civil contract, so it needs to follow the provisions of the Civil Code. In addition, the Copyright Law also makes some special provisions for it. So what are the precautions for copyright licensing? Today, the editor of Legal Savior Network has compiled some content to answer your questions, and I hope it will be helpful to you.

What are the precautions for use under copyright permission

1. Pay attention to the contract form

Concerning the form of the contract, the Copyright Law does not have special requirements. Therefore, the parties can use either Written form, oral form or other forms may also be used. However, Article 23 of the "Regulations for the Implementation of the Copyright Law" imposes some restrictions, "...the Right to use is exclusive and should be in writing, except for works published by newspapers and periodicals."

2.AttentionRights content

The content of rights addresses issues such as the type and nature of the rights permitted to be used. This is the most critical clause in the license contract.

The type of rights is generally rootIt is determined based on the definition of various rights in Article 10, Paragraph 1 of the Copyright Law. However, due to the need for further precision (or due to limited understanding of the Copyright Law), the parties may also use the method that both parties have Define the name and content of rights in a way that is consistent with consensus and industry practice.

As for the nature of effectiveness, it means that the license agreement gives the licensee The exclusionary power against the use of others, that is, the exclusive nature of the right to use. The exclusive right to use means that the licensee is authorized to use it, and no one else can use it for the same purpose, including the copyright owner (the licensor). In contrast to non-exclusive rights of use, the licensee may not exclude others from use. This means that the copyright owner can also use the work in the same way, and he can also license third parties to use it.

3.NoteTime, geographical scope

Time and geographical scope are important factors that further define the scope of the licensed use rights. The law has no special restrictions on this, and it is usually up to the parties to freely agree according to their needs.

The copyright license period is generally 5 to 10 years More common, permanent license use is less common. In the latter case, the right to use obtained by the licensee will be valid for the remaining protection period of the copyright. If the right to use is exclusive, the effect is not much different from the transfer of rights.

As for the geographical scope of licensed use and the way in which the work can be used, Close ties are usually limited to a country, but some rights can often be divided into smaller groups. For example, performance rights can be limited to a small county, and broadcast rights can be limited to certain cities. However, care should be taken to avoid segmenting the market through this clause and causing harm to free competition. For example, domestic book publishing contracts generally cannot license different publishers to publish the same work based on province boundaries (except for Taiwan, Hong Kong and Macao).

4.NoteUsage fee

Usage fees are the copyright owner’s main income, and their standards and payment methods should be clearly stipulated in the contract. Of course, in a few cases, the copyright owner may value non-financial benefits more and may waive royalties or even provide financial subsidies to the licensee, such as paying page fees for publishing academic papers.

The standard of royalties shall be agreed upon by the parties based on market conditions. Payment can be made with reference to the payment standards formulated by the National Copyright Administration in conjunction with relevant departments; if the agreement between the parties is unclear, the standards formulated by the above-mentioned agencies shall be followed

5. Others

The complete copyright license agreement also includesMany specific contents, such as the title of the work, the identity of the subject, liability for breach of contract, guarantee for infringement liability, and the pursuit of others' infringement, etc. Just like a transfer contract, the parties should reach as detailed and fair terms as possible on relevant matters based on full consultation.

The above is compiled for you by the editor of Legal Savior Network Information related to precautions for use under copyright permission. It should be noted that even if the use of copyright is legally permitted, the user still needs to pay the copyright owner corresponding remuneration. Of course, if your situation is more complex, Legal Savior Network welcomes you for legal consultation.