Copyright licensing and assignment contracts

Subject to provisions in the Copyright Law according to which no permission is needed, anyone who exploits a work created by others shall conclude a contract with, or otherwise obtain permission from the copyright owner.

A licensing contract shall include the following basic clauses:

(l) the category of right licensed for exploitation of the work covered by the license;

(2) the exclusive or non-exclusive nature of the right to exploit the work covered by the license;

(3) the geographic area and term of the license;

(4) the standard of remuneration and the method of payment;'

(5) the liability in case of breach of the contract; and

(6) any other matter that the contracting parties consider necessary.

Assignment of a right referred to in Article 10, paragraphs (5) to (17) of this Law shall require conclusion of a contract in writing.

A contract of assignment shall include the following basic clauses:

(1) title of the work;

(2) category and geographic area of the assigned right;

(3) assignment price;

(4) date and manner of payment of the assignment price;

(5) liabilities for breach of the contract; and

(6) any other matters that the contracting parties consider necessary.

The other party shall not, without permission from the copyright owner, exercise any right that the copyright owner has not expressly licensed or assigned in the licensing and assignment contract.

The standard of remuneration for the exploitation of a work may be fixed by the interested parties or may be paid according to the standard established by the copyright administration department under the State Council in collaboration with other departments concerned. Where the interested parties have not expressly fixed it, remuneration may also be paid in accordance with the standard established by the copyright administration department under the State Council in collaboration with other departments concerned.

Publishers, performers, producers of sound recordings and video recordings, radio stations, television stations and other entities who or which have obtained, pursuant to the relevant provisions of this Law, the right to exploit the copyright of others, shall not prejudice the authors' rights of authorship, alteration or integrity, or their right to remuneration.