Copyright Trade Contract (Template)
Copyright trade contract
Authorized party:
Both parties to the contract:
Authorized party:
Contract signing place:
Date of contract signing:
Authorized party:
Both parties to the contract:
Authorized party:
The parties to the contract reach the following agreement on the _________ rights granted to Party B by _________ of Party A's copyright, and both parties abide by it.
Chapter 1 works
First authorized work
1. Name of the work:
2. Type of work:
3. Time of completion of the work:
4. Whether the work is published:
5. First published country:
6. The period of protection of the work in the People's Republic of China: year, month and day - year, month and day.
7. Copyright registration certificate number:
Article 2 Copyright Owner
1, author:
2. Nationality:
3. The copyright owner is:
① Author:
2 Job title owner:
3 Transferred copyright owner:
- Note: Attached: Copyright transfer contract, copyright transfer registration
Article 3 Party A's authorized status
Party A’s authorization status is:
1. The copyright owner;
2. Entrusting the licensor;
- Note: A power of attorney is required
3. Transfer to the licensor.
- Note: A power of attorney is required
Chapter II Rights License
Article 4 Types of License Rights
- Note: You need to write the details according to the specific situation.
Right of reproduction,
Distribution rights,
Rental right,
Exhibition rights,
Performance rights,
Screening rights,
Broadcast rights,
Information network communication rights,
Filming rights,
Adaptation rights,
Translation rights,
Assembly rights.
Article 5 License Method:
1. Exclusive license
- Note: It should be stated whether Party A is excluded, otherwise it is considered to exclude Party A.
2, non-exclusive license
Article 6 Scope of Licensed Use: Mainland China
Article 7 License Period:
Article 8 Language of Authorization:
Chapter III Compensation
Article 9 This contract adopts the ________ way
1. Pay the copyright fee in one lump sum;
2. Minimum guaranteed copyright fee + royalty
The minimum guaranteed copyright fee refers to the minimum guaranteed sales amount, and the irrevocable deposit of Party A shall be paid regardless of whether Party B reaches the minimum sales amount.
The royalty refers to the minimum sales amount. Party B pays the copyright fee to Party A according to the calculation formula of: retail unit price × royalty rate % × sales quantity.
- Note: Royalties are commonly used in book publishing. They are paid in proportion to the sales quantity and unit price. The use here is more appropriate and can be distinguished from the minimum guaranteed copyright fee.
Article 10 If the first method of Article 9 above is adopted, then
1. The copyright fee is: RMB _____ million.
2. The payment time for copyright fees is:
Article 11 If the second method of Article 9 above is adopted, then
1. The minimum guaranteed sales quantity is:
2. The retail price is: RMB _____ yuan / piece.
3. The royalty rate is ______%.
4. The minimum guaranteed copyright fee is:
- Note: A fixed amount can be agreed upon; it can also be calculated based on: retail price x royalty rate x minimum guaranteed sales quantity.
5. The payment time for the minimum guaranteed copyright fee is:
6. The payment time for royalties is: a period of three months from the date of signing this contract, and royalties are paid to Party A before the middle of each month. If the last period of the authorization period is less than three months, the royalty will be paid within one month from the end of the authorization period.
Chapter IV Financial Report
Article 12 From the date of signing this contract, every three months is a cycle. Within 10 days of each cycle, Party B shall provide Party A with a complete and true financial report indicating the sales volume and inventory of this cycle. Happening.
Article 13 Party A has the right to hire an accounting firm to verify the account book of Party B or to verify the correctness of the above financial report. If the financial report is found to be false, the verification fee shall be borne by Party B.
Chapter V Intellectual Property Rights Agreement
Article 14 Party B shall only exercise its authorization by this contract and shall not authorize it.
Article 15 When Party B exercises its authorization, it shall indicate that the authorized party is Party A, including products, packaging, advertisements, publicity materials, etc.
Article 16 All intellectual property rights of works and intellectual property rights generated by works are owned by Party A.
Chapter VI Guarantee and Commitment of Both Parties
Article 17 Party A's Guarantee and Commitment
1. Party A guarantees and declares that Party A has complete rights and authorizes the signing of this contract, and the authorization does not contain content that infringes on the copyright and other rights of others. If Party B infringes the copyright or other rights of others due to the exercise of the above rights, Party B shall have the right to terminate the contract after being recognized by the people's court or the arbitration institution.
2. Party A guarantees Party B's right to own this contract in the authorized area after the contract becomes effective, including not authorizing any third party to use the above products in the same way as Party B before the signing of this contract, nor will it be within the validity period of the contract. This contract grants Party B the right to use it in any other way in the same way as Party B.
3. Party A agrees to provide Party B with the information required by the consumer to use the product.
Article 18 Guarantee and Commitment of Party B
1. Party B guarantees and declares that Party B has complete rights and authorizes the signing of this contract.
2. Party B undertakes not to sign any contract that conflicts with the rights and interests of this contract during the term of this contract.
3. Party B guarantees that the authorized products will be listed within __________ after the signing of this contract.
4. Party B guarantees that the products and packaging will be submitted to Party A for review before the authorized products are put on the market, and may be listed after Party A's written consent.
5. Party B guarantees that Party A will be given the __________ set at the beginning of the product launch.
Chapter VII Delivery of Works
Article 19 The delivery time of the work is:
Article 20 Delivery specifications:
Article 21 Other materials delivered with the accompanying works include:
Chapter VIII Confidentiality
Article 22 Both Party A and Party B undertake to disclose the business, financial or trade data, files, pictures or files of the other party's contacts, whether oral or written, and keep confidential and not to disclose or abuse the third party. For purposes other than this contract, this agreement is still valid after the termination of this contract.
Chapter IX Contract Termination
Article 23 During the period of validity of this contract, neither party may terminate this contract without the written consent of the other party, but may terminate this contract in advance if one of the following circumstances occurs. The termination of the contract takes effect within 3 days after the written notice is issued. Party B shall not exercise the power of this contract after the termination of the contract.
1. Failure to continue to perform this contract due to force majeure events;
2. If one party violates the relevant provisions of the contract, the other observant party may unilaterally terminate this contract.
3. Exercising the right to terminate a unilateral contract in accordance with the contract does not mean that it waives the liquidation of liquidated damages and damages to the defaulting party;
Chapter 10 Liability for breach of contract
Article 24 In addition to the force majeure factor, if the two parties violate the agreement of this contract, the other party has the right to cancel the contract and compensate the actual losses caused to the other party. The actual losses include but are not limited to the observant party can obtain after the contract is properly performed. The interests of the customer, the compensation paid by the court, the cost of the court, the lawyer's fee, etc.
Chapter 11 Other Agreements
Article 25 Notification Method
All notices required or permitted by this contract shall be in writing and shall be served by letter or fax to the address of the main business office as set forth in this contract. If the address is changed, the other party shall be notified, otherwise it shall be deemed to have been served. Notice.
Article 26 Force Majeure
Damage caused by war, insurrection, fire, explosion, earthquake, natural disaster, flood, drought or bad weather, such as failure to deliver, supply, production, or government decree, damage, loss, delay, etc. Pay for it until the end of the force majeure event.
Article 27: Contract modification
This contract may not be modified, added or deleted without the written consent of both parties. In the event of any addition, subtraction or change to the contents of this contract, it shall be in writing.
Article 28: Application of the law
This contract is constructed in accordance with the laws of the People's Republic of China. Relevant matters concerning the interpretation and performance of this contract are applicable to the laws of the People's Republic of China.
Article 29 Dispute Resolution
The dispute between the two parties due to the interpretation or performance of the contract shall be settled through negotiation between the two parties. If the negotiation fails, the following method is adopted:
1. Arbitration by the ________ Arbitration Commission;
2. Prosecuted in the people's court of Party A's domicile.
Article 30 This contract shall be in duplicate and shall take effect on the date of signing the contract. The subsidiary file has the same legal effect as this contract.
person A person B:
Address: Address:
Legal representative: Legal representative:
Authorized Signatory: Authorized Signatory:
Phone: Phone:
Year, month, day, month, day
Subsidiary File 1: Authorization
Party A shall, according to the copyright trade contract signed with the authorized party, grant the following __________ use rights of the company's copyright to Party B, and allow Party B to enjoy the rights of ____________ within the territory of the People's Republic of China.
Authorized copyright name:
Authorized person:
Authorized area: Mainland China
Authorization method:
Authorized language:
Authorization Term:
Authorization day:
Authorized party:
Authorized party phone:
Authorized party signature and seal:
Beijing Desheng Law Firm Lawyer Gao Yusheng
[Declaration: The author authorizes the legal education network to be launched. If you need to reprint, please be sure to indicate the source "Legal Education Network" and the author's name and affiliated unit]
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