What are the responsibilities of the transferee in copyright transfer?

Copyright is one of the important intellectual property rights, and copyright is also a very important property right for the owner. The owner of the copyright can transfer the copyright to realize the value of the copyright. There will be a transferee in the transfer of copyright, so the transferee during the transfer of copyright What are human responsibilities? Below, the editor of Legal Savior Network will provide readers with relevant answers.

What are the responsibilities of the transferee in copyright transfer

1. Copyright Whether the behavior of a bona fide assignee or licensee in repeated authorization or transfer constitutes infringement

Copyright, like property rights, has an absolutely exclusive nature and is an absolute exclusive right. It should be excluded from infringement by anyone. Everyone has the obligation not to infringe or interfere with it. The transferee in good faith or the Licensors are no exception. Although a bona fide transferee or licensee has no fault, but his behavior constitutes infringement, he shall still bear the responsibility to stop the infringement. Therefore, based on the determination of copyright ownership, if the good-faith transferee or licensee has no fault, it can and should still be ordered to stop the use or infringement.

2. Compensation liability of bona fide transferees and licensees in repeated transfers and authorizations of copyright

Infringement damages are based on the principle of fault, and compensation for losses must be based on fault.

Protecting bona fide third parties, thereby maintaining transaction security and ultimately promoting transaction prosperity, is an objective requirement for any property rights transaction, including intellectual property transactions. Although our country's intellectual property laws do not clearly stipulate the issue of bona fide third parties, our country's intellectual property laws and judicial practices recognize the protection of reliance on third parties. In the case where the later transferee, as a bona fide transferee or licensee, has paid the corresponding consideration in accordance with the contract, it can no longer be ordered to compensate the earlier transferee for its losses or return its profits.

The right holder’s repeated transfer of copyright or exclusive licensing fundamentally violates the principle of good faith in civil law and should be considered a violation of legal provisions. It is a kind of civil fraud and should be prohibited by law. The prior assignee or licensee is deemed to own the copyright, and the subsequent assignee, as a bona fide assignee or licensee, is not required to compensate for losses.Or in the case of returning profits, how should the prior assignee or licensee sue to require the bona fide assignee or licensee to compensate for the losses it has suffered? The author believes that the right holder who has repeatedly transferred or authorized the right should be sued. recovery. If a subsequent transferee or licensee suffers losses, he or she may also seek compensation from the right holder based on the contract. The right holder shall bear corresponding legal liability for his fraudulent behavior.

What are the methods of copyright transfer

(1) Paid Versus Free

The transfer of copyright may be paid or free. The former is through sale or exchange, and the latter is through donation or bequest.

(2) Separate transfer and geographical transfer

The merger of various property rights in copyright It is not necessary to transfer all rights to the same citizen, legal person or other organization. The copyright owner can make multiple choices regarding the transferred rights. Copyright owners can transfer their publishing rights and translation rights to publishing houses and translation companies respectively; in addition, copyright owners can also transfer the adaptation rights of different art forms to different adapters.

Copyright owners can also transfer their copyrights geographically. For example, it can transfer the broadcast rights in Beijing and Guangdong to a radio station in Beijing and a radio station in Guangdong respectively.

The transfer of copyright must go through certain legal forms. Among the countries that allow the transfer of copyright, some require written form or other legal forms as a requirement for validity, while others require registration procedures to be used against third parties.

In my country, a written contract must be entered into to transfer copyright, and the main contents should include the following:

(1) The name of the work;

(2) The type and geographical scope of the transferred rights;

(3) Transfer price;

(4) Date and method of delivering the transfer price;

(5) Liability for breach of contract;

(6) Other contents that both parties deem necessary to agree on.

In the transfer contract, the rights that are not explicitly transferred by the copyright owner shall not be transferred without authorization. If the copyright owner agrees, the other party may not exercise it. If a transfer contract is entered into with the copyright owner, it can be filed with the copyright administrative department.

There is no fixed term for the transfer of copyright. Period. In some countries, the transfer period of copyright is the entire copyright protection period; while other countries limit the transfer period, that is, a number of years within the copyright protection period.

The above knowledge is the editor's answer to the question "What are the responsibilities of the transferee in the transfer of copyright?" When a copyright is transferred, the responsibilities of the transferee include whether repeated transfers by the transferee constitute infringement. Is compensation required for repeated transfers? If you need to find a lawyer to consult on legal issues, you are welcome to go to the Legal Savior Network for legal consultation.