In the context of rapid development of the publishing industry and the increasing demand for literature consumption, buying and selling book copyrights has become an important and necessary activity. Buying copyrights is not simply a commercial transaction, but also a way to protect the rights of authors and ensure sustainable development for the publishing industry. So, how to buy book copyrights?. Please follows the article of VCD below.
1. What does it do to register a book copyright?
When the Copyright Office issues a certificate of copyright registration, there will be the following benefits:
- Proof of legal ownership: The certificate helps confirm your legal ownership of the book in Vietnam.
- Legal basis for publishing licenses: Registering book copyrights is a necessary legal basis for the owner to apply for a publishing license.
- Exclusive use of the work: has the exclusive right to use the book, allowing you to prevent any infringement of the rights of a third party.
- Request for handling of violations: has the right to request the competent authority to handle acts of infringement of the rights of your work.
- Allow exploitation and benefit: has the right to allow other parties to exploit and use the work, and at the same time enjoy material benefits from such exploitation and use.
2. How to buy a book copyright?
Buying a book copyright is the process of agreement between the book owner (seller) and the buyer and reaching an agreement when there will be a change of ownership related to the right to publish and property rights of that work. During this process, the buyer will receive the right to perform activities such as making derivative works, copying books, distributing, importing originals/copies of books, communicating to the public, etc.
Purchase of book copyright or more precisely, transfer of copyright and rights related to the author of the book work. To legally use the work, the author’s consent is required, which can be obtained through a transfer agreement. Failure to comply with the regulations will be considered a violation of copyright according to the Law on Intellectual Property. When the book copyright purchase contract comes into effect, the old owner will no longer have any rights to that work. On the contrary, the organization or individual who purchases the copyright will hold both the publication rights and the property rights of the work.
A copyright assignment contract is a legally recognized document that allows the parties to legally transfer copyright. Therefore, signing a copyright purchase and sale contract is not only a form of transaction, but also a way to ensure the legality of buying and selling book copyrights.
According to Article 46 of the current Law on Intellectual Property, the content of the copyright assignment agreement must be made in writing and must include the following contents:
- Basis of purchase and sale.
- Price and payment method.
- Rights and obligations of the buyer and seller.
- Liability for breach of contract.
In which it is noted:
- Guarantee of the subjects of the contract: The parties to the contract include the seller (the party owning the copyright), the party purchasing the copyright and related parties, third parties (if any). The content of the contract subjects must include detailed information from personal identification documents (valid identity card, passport, citizen identification card), business registration certificate, establishment certificate, along with convenient contact information, head office address, information about the legal representatives of the parties, and information about the authorized persons of the parties.
- Clearly state the basis and scope of the transfer: The contract must clearly state the legal basis and scope of the transfer of the right to use the book work, including copyright and related rights.
- Ensure the rights and obligations between the parties in the contract to buy back the copyright of the book work:
- Rights and obligations of the party transferring the copyright of the book work.
- Rights and obligations of the party receiving the copyright of the book work.
- Guarantee of price, payment term and method: The contract must clearly stipulate the price, payment term for book royalties, as well as the payment method. In addition, the contract must also show the responsibilities of the parties in case of breach of the contract for purchasing book copyright.
3. Can book copyrights be purchased for multiple people at the same time?
Intellectual property law does not prohibit the owner of a book work from transferring the right to use it to multiple people at the same time. In principle, if the law does not prohibit it, the subject has the right to perform that action. In addition, according to Clause 3, Article 45 of the 2005 Intellectual Property Law (amended and supplemented in 2009 and 2019), the law recognizes that there may be multiple subjects who are simultaneously owners of a work. Therefore, the copyright owner can transfer the right to use the book work to multiple people without violating current legal regulations.
Above is the article “How to buy book copyright?” that VCD sent to you. We hope this article is useful to you.
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