A calligrapher and painter created an art work "The First Moon" based on the local temple fair. A travel agency signed a copyright transfer agreement with the calligrapher and painter in order to prom

A calligrapher and painter created an art work "The First Moon" based on the local temple fair. A travel agency signed a copyright transfer agreement with the calligrapher and painter in order to promote tourist routes.

1. Article 10 of the "Copyright Law of the People's Republic of China" includes the following personal rights and property rights:

(1) The right of publication, that is, the right to decide whether a work will be made public ;

(2) The right of signature, that is, the right to indicate the identity of the author and sign the work;

(3) The right of modification, that is, the right to modify or authorize others to modify the work;< /p>

(4) The right to protect the integrity of the work, that is, the right to protect the work from distortion and tampering;

(5) The right to reproduce, that is, the right to print, copy, rub, record, or video The right to make one or more copies of the work by means of copying, reproducing, etc.;

(6) Distribution right, that is, the right to provide the original or copies of the work to the public by selling or donating it;

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(7) Rental rights, that is, the right to license others to temporarily use film works, works created with methods similar to filmmaking, and computer software for a fee, unless computer software is not the main subject of the lease;

< p>(8) Exhibition rights, that is, the right to publicly display originals or copies of art works and photographic works;

(9) Performance rights, that is, publicly performing works, and publicly broadcasting works by various means The right to perform;

(10) Screening rights, that is, the right to publicly reproduce art, photography, movies, and works created with methods similar to filmmaking through projectors, slide projectors and other technical equipment;

(11) Broadcasting rights, that is, the public broadcast or dissemination of works by wireless means, the dissemination of broadcast works to the public by wired dissemination or rebroadcasting, and the use of loudspeakers or other similar means of transmitting symbols, sounds, and images. The right to use tools to disseminate broadcast works to the public;

(12) The right to information network dissemination, that is, providing the work to the public through wired or wireless means so that the public can obtain it at the time and place of their personal choosing The rights to the work;

(13) Filming rights, that is, the right to fix the work on a carrier by making a movie or using a method similar to making a movie;

(14) Adaptation Right, that is, the right to change a work and create a new original work;

(15) Translation right, that is, the right to convert a work from one language to another;

(15) Translation right, that is, the right to convert a work from one language to another;

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(16) Right of compilation, that is, the right to assemble works or fragments of works into new works through selection or arrangement;

(17) Other rights that should be enjoyed by the copyright holder.

The copyright owner may permit others to exercise the rights specified in items (5) to (17) of the preceding paragraph, and receive remuneration in accordance with the agreement or the relevant provisions of this Law.

The copyright owner may transfer all or part of the rights specified in items (5) to (17) of paragraph 1 of this article, and receive remuneration in accordance with the agreement or the relevant provisions of this law.

Article 25 To transfer the rights specified in Items (5) to (17) of Paragraph 1 of Article 10 of this Law, a written contract shall be concluded.

The rights transfer contract includes the following main contents:

(1) The name of the work;

(2) The type and geographical scope of the transferred rights;

(3) Transfer price;

(4) Date and method of delivery of transfer price;

(5) Liability for breach of contract;

(6) Other contents deemed necessary by both parties.

Thus, the contract between the calligrapher and the travel agency did not specify the liability for breach of contract by both parties.

2. The travel agency infringed the copyright of the calligrapher and artist. Because according to the contract, the calligrapher and painter only transferred the signature, reproduction, and distribution rights of the work to the travel agency, but did not transfer the modification rights, the right to protect the integrity of the work, the adaptation rights, and the exhibition rights to the travel agency.

3. The transfer of the intangible copyright of a work does not mean the transfer of the tangible carrier of the work. Similarly, the transfer of the tangible carrier of the work does not mean the transfer of the intangible copyright of the work. This is one of the fundamental differences between intellectual property rights and property rights.

Since the transfer of intangible copyright and the transfer of the tangible carrier of the work are independent of each other, it is very likely that the intangible copyright and the tangible carrier will be divided into two companies, and the two ownerships will sometimes conflict. For example, after a work of art is transferred, the intangible copyright belongs to the copyright owner, and the ownership of the original tangible carrier is transferred to the buyer. When the copyright owner exercises the copyright (such as copying, exhibiting, etc.), the original owner (buyer) may not be willing to cooperate, and the original owner (buyer) may be unwilling to cooperate. The owner (buyer) wants to exercise the copyright, but the author is unwilling to agree. Article 18 of my country’s Copyright Law stipulates: “The transfer of ownership of original works of art and other works shall not be regarded as a transfer of the copyright of the work, but the right to display the original works of art shall be enjoyed by the owner of the original work” and so on.