1. What to do if there is a dispute over royalties between a copyright collective management organization and a user
1. Copyright collective If there is a dispute between the management organization and the authorized user of the copyright regarding the usage fee, it shall be handled according to the following circumstances:
(1) The usage fee collection standard shall be determined by The copyright collective management organization and user representatives shall negotiate and determine;
(2) If the negotiation fails, you can apply to the national copyright authority for a ruling;
(3) Those who are dissatisfied with the ruling may file a lawsuit with the People's Court; the parties may also file a lawsuit directly with the People's Court
2. Legal basis: "Copyright Law of the People's Republic of China"Article 8 Copyright and copyright-related rights holders may authorize copyright collective management organizations to exercise copyright or copyright-related rights. A copyright collective management organization established in accordance with the law is a non-profit legal person. After being authorized, it can assert rights on behalf of copyright owners and copyright-related rights holders in its own name, and can act as a party in litigation, arbitration, or litigation involving copyright or copyright-related rights. Mediation activities.
Copyright collective management organizations charge royalties from users based on authorization. The standard for collecting royalties shall be determined through negotiation between the copyright collective management organization and user representatives. If the negotiation fails, the copyright collective management organization may submit a request to the state.If the national copyright authority applies for a ruling and is dissatisfied with the ruling, it may file a lawsuit with the People's Court; the parties may also file a lawsuit directly with the People's Court.
Copyright collective management organizations should collect and transfer royalties, withdraw and use management fees, and unallocated portions of royalties, etc. The overall situation shall be announced to the public on a regular basis, and a rights information inquiry system shall be established for inquiry by rights holders and users. The national copyright administration department shall supervise and manage copyright collective management organizations in accordance with the law.
The establishment method, rights and obligations of copyright collective management organizations, collection and distribution of royalties, as well as their supervision and management shall be separately determined by the State Council Regulation.
2. What are the characteristics of copyright licensing
1. Copyright permission does not change the ownership of the copyright. Through a copyright licensing contract, what the licensee obtains is only the right to use the work in a certain manner within a certain period of time, within the agreed scope, and in a certain way. The copyright still fully belongs to the copyright owner and will not cause any rights defects.
2. The rights of the licensee are subject to the provisions of the contract. The licensee cannot exercise rights beyond the scope of the agreement without authorization. At the same time, the licensee can only exercise the copyright in the agreed way and within the agreed area and period. At the same time, the licensee cannot license the rights he enjoys to others without authorization, nor can he prohibit the copyright owner from licensing the same rights to others in exactly the same way, in the same region and within the same period, unless the licensee enjoys exclusive rights. License rights with the right to sublicense.
3. The licensee generally cannot file a lawsuit against the infringer in his own name against a third party that infringes upon his rights, because the licensee The licensor is not the subject of the copyright unless the copyright owner grants exclusive use rights.
According to the provisions of the Copyright Law, if a copyright collective management organization and a copyright authorized user have a dispute over royalties, the two parties can negotiate on their own If it is determined and negotiation fails, you can apply to the national copyright authority for a ruling. If you are not satisfied with the ruling, you can file a lawsuit with the People's Court. I hope the above content can be helpful to you,If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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