What types of copyright licensing contracts are there
1. Ordinary license, or A "general license" or a "non-exclusive license" means that the licensor allows the licensee to use the work within a specified scope, while retaining the right to use the work within the scope and to license others to use the work.
2. Exclusive license means that the licensor allows the licensee to use the work within the specified scope, while retaining its right to continue to use the work within the scope. , but may not otherwise license others to use the work. The degree of exclusivity of an exclusive license is higher than that of an ordinary license and lower than that of an exclusive license.
3. Exclusive license means that the licensor allows the licensee to use the work within the agreed scope. At the same time, it does not have the right to exercise relevant rights during the agreed license period. , not to mention any other licensing method that allows others to use the work. An exclusive license agreement is an exclusive license contract, which is a type of international licensing contract. That is, within a certain region and period, the transferee has the exclusive right to use the transferred technology, and the supplier and any third party have the exclusive right to use the transferred technology within the specified period. No one is allowed to use this technology to manufacture and sell products in this region. For this reason, the transferee needs to pay quite high royalties and royalties to the supplier.
It is not difficult to see that from ordinary license to exclusive license , the degree of exclusivity of rights continues to increase and is tilted towards the licensee. For this reason, the licensee also needs to pay more transaction consideration to obtain an exclusive license than for a general license and an exclusive license.
Contents of copyright license agreement
Using other people’s works A licensing contract should be concluded with the copyright owner. The licensing contract includes the following main contents:
(1) The type of right to be used;
(2) The right to be used is exclusive use right or non-exclusive use right;
(3) Geographical scope and period of licensed use;
(4) Payment standards and methods ;
(5) Liability for breach of contract;
(6) Other matters that both parties deem necessary to agree upon Content.
How copyright owners get paid
According to the country According to the "Regulations on Remuneration for Publishing Literary Works" promulgated by the Copyright Office, for literary works published on paper media, unless otherwise agreed between the copyright owner and the publisher, publishers and newspapers publishing literary works must pay remuneration to the copyright owner. Payment of remuneration There are three main methods: basic royalties plus royalties for the number of prints, royalties and one-time payments. The publisher and the copyright holder can negotiate and choose. Among them, the royalties method refers to the publisher’s method of book price × number of copies × Royalty rate Pay remuneration to the author.
Currently, the royalty rate is:
(1) Original works : 3%-10%
(2) Performed works: 1%-7%
When a publisher publishes a derivative work, unless otherwise agreed in the contract or the original work has entered the public domain, the publisher should also obtain authorization from the copyright owner of the original work and pay the copyright owner of the original work according to the original work royalty rate.
If royalties are used for payment, the copyright owner may agree with the publisher in the contract that when the work is delivered, the publisher will advance to the copyright owner a minimum guaranteed number of royalties. . After the work is released, the publisher should settle the royalties with the copyright owner once every year. If the initial publication is less than a thousand copies, the royalties will be paid based on the thousand copies, but the paid royalties will not be paid again when the next royalties are settled.
The above knowledge is the editor's answer to the question "What types of copyright licensing contracts are there?" A copyright licensing contract refers to a contract that licenses the copyright to other people. , the contract types include general license, emissionThere are three categories: other licenses and exclusive licenses. If readers need to find a lawyer to consult on legal issues, they are welcome to go to the Legal Savior Network for legal consultation.
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