In addition to regulating the protection mechanism for intellectual property objects, the law also allows owners the right to seek profits through the transfer of copyright and related rights. Therefore, what are the conditions for transferring copyright and related rights?
I. Conditions for transferring copyright and related rights
According to the provisions of the Intellectual Property Law, the copyright owner and related rights owners have the right to transfer their ownership rights to copyright and related rights. However, when transferring copyright and related rights, the parties need to meet the following conditions:
- The author may not assign moral rights; except the right to publish the work.
- Performers may not transfer personal rights such as the right to be introduced by name when performing, when releasing audio or video recordings, or broadcasting the performance; Protect the integrity of the performance image, do not allow others to edit, mutilate, or distort in any form that harms the performer’s honor and reputation.
II. Subjects of transfer of copyright and related rights
Copyright owners and related rights owners may transfer ownership of rights such as:
1. For copyright, the copyright owner has transferred ownership of the rights
- Publish the work or allow others to publish the work;
- Making derivative works;
- Performing works in public;
- Copying works;
- Distributing or importing originals or copies of works;
- Communicate works to the public by wire, wireless, electronic information networks, or any other technical means;
- Rent originals or copies of cinematographic works and computer programs.
2. For related rights, the owner of related rights is transferred ownership of the following rights:
Shape your live performance on audio and video recordings;
- Directly or indirectly copy your performance that has been fixed on audio or video recordings;
- Broadcast or otherwise transmit to the public its performance not in a format that is accessible to the public; except where the performance is for broadcast purposes;
- Distributing to the public originals and copies of their performances through sale; rented or distributed by any technical means accessible to the public.
- Broadcasting, re-broadcasting its broadcasts;
- Distribute to the public its broadcasts;
- Shape your broadcast;
- Copy your broadcast format.
III. Producers of audio and video recordings have the exclusive right to exercise or allow others to exercise the rights:
Directly or indirectly copy your audio or video recordings;
- Import and distribute to the public originals and copies of sound recordings; Record your videos through sale; rent or distribute by any technical means accessible to the public.
- Broadcasting organizations have the exclusive right to exercise or permit others to exercise the rights:
- Broadcasting, re-broadcasting its broadcasts;
- Distribute to the public its broadcasts;
- Shape your broadcast;
- Copy your broadcast format.
Note: In the case of works; performances, audio recordings, and video recordings; If a broadcast program has co-owners, the transfer must have the agreement of all co-owners. In case there are co-owners of the works; performances, audio recordings, video recordings; broadcast programs have separate parts that can be separated and used independently, the copyright owner; The owner of related rights has the right to transfer copyright and related rights for his or her separate portion to other organizations or individuals.
Above is the article “Conditions for transferring copyright and related rights”. We hope this article is useful to you.
