Conditions of Contracts for Work Owners
Work owners can transfer their economic rights, which are legally granted to them, to others under specific conditions or allow others to use these rights.
Contracts that work owners may make are divided into two categories: contracts for the transfer of rights and contracts for the transfer of usage rights (license agreements).
1. Transfer of Rights Agreements
The work owner (or their heirs) can transfer their economic rights for a limited or unlimited time, location, and content, either with or without compensation.
- Original Acquisition: The direct transfer of rights from the work owner.
- Derived Acquisition: The transfer of rights from someone who previously acquired the rights.
Important Note:
If a person acquires rights from someone who is not the rightful owner, even in good faith, this transfer is considered invalid, and the person cannot claim ownership of the rights.
2. Usage Rights Transfer (License) Agreements
Contracts that transfer the usage rights of the economic rights of a work are called "license" agreements.
- Full License: The entire right is transferred and is not granted to another person.
- Partial License: The work is transferred for use in a specific geographical area, for a certain period, or for a particular purpose.
Difference Between Transfer of Rights and License
In transfer of rights agreements, the entire economic right over the work is transferred, and it is removed from the work owner's assets. In license agreements, the work owner retains their rights but grants usage rights to another party under certain conditions.
Can Moral Rights of the Work Owner Be Transferred?
Moral rights (e.g., the right to be recognized as the work’s creator) cannot be transferred. However, the right to use moral rights can be delegated to another party.
For professional support regarding work ownership contracts, license agreements, and rights transfer, feel free to contact us!