Can copyright be transferred? | iGuide

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Can copyright be transferred?

Copyright can be transferred, allowing the copyright owner to assign economic rights to others. The transfer process must comply with legal regulations and is typically executed through a transfer contract. This enables authors or copyright owners to monetize their works. However, moral rights, such as the right to be credited as the author, are generally non-transferable and remain with the original author.

Pursuant to Article 45 of the Intellectual Property Law 2005 Regarding the transfer of copyright, there are provisions as follows:

“1. Copyright owners and related rights owners transfer ownership of the rights specified in Clause 3, Article 19, Article 20, Clause 3, Article 29, Article 30 and Article 31 of this Law to the organization. Other organizations and individuals under contract or according to relevant laws.

2. The author may not transfer the moral rights specified in Article 19, except the right to publish the work; Performers may not transfer personal rights specified in Clause 2, Article 29 of this Law.

3. In case a work, performance, audio recording, video recording, or broadcast program has co-owners, the transfer must be with the agreement of all co-owners; In cases where there are co-owners but the work, performance, audio recording, video recording, or broadcast program has separate parts that can be separated for independent use, the copyright owner, the owner Related rights holders have the right to transfer copyright and related rights for their separate parts to other organizations or individuals.

Accordingly, copyright can be transferred and implemented in the form of a contract or according to relevant laws. However, the author may not assign moral rights.

In case there are co-owners, the transfer must have the agreement of all co-owners; In case there is a co-owner but there are separate parts that can be separated and used independently, the owner of copyright and related rights has the right to transfer the copyright and related rights to the separate parts of the property. yourself for other organizations or individuals.