Copyright is a kind of civil right with duality. The part belonging to personal rights is exclusive and cannot be transferred in principle. The part that belongs to the property right can be transferred. However, the transfer of property rights can only be carried out within the statutory time limit (that is, 50 years before and after the author's death). Once the copyright is transferred, the copyright owner loses the right to transfer part.
Legal objectivity:
Copyright transfer refers to the legal act that the copyright owner transfers all or part of the property rights in the copyright to others with or without compensation. This transfer can usually be done by buying and selling, reciprocity, gift or bequest. The copyright owner who transfers the copyright is called the transferor, and the other person who accepts the copyright is called the transferee. Different from licensing others to use a work, the legal consequence of transferring copyright is that the transferor loses the right to be transferred; The transferee obtains the right to be transferred, thus becoming the new copyright owner. Copyright transfer is usually called "selling" or "selling off" copyright. In countries that allow copyright transfer, only the property rights in copyright can be transferred, but not the personal rights in copyright. In some countries, the transfer of copyright must be through a written contract or other legal forms, and signed by the copyright owner or his agent. In some countries, the transfer of copyright must go through the registration procedure before it can be used against a third party. Copyright transfer must be the transfer of property rights with full power, that is to say, whether it is the transfer of copyright, the transfer of adaptation rights or any other property rights, the right to use, the right to income and the right to dispose of them must be transferred together. If the transferee can only use the work, but can't freely license others to use it, or can't freely transfer his own rights, this incomplete transfer of rights is actually not a strict copyright transfer, but a license to others to use the work. All kinds of property rights in copyright can be transferred separately. For example, the publishing right is transferred to the publishing house, the performance right is transferred to the performance group, the recording right is transferred to the audio-visual company, and the broadcasting right is transferred to the radio station. Even a single property right can be transferred to different people according to different ways of use. For example, the transferor transfers the French translation right to A publishing house, the English translation right to B publishing house, the German translation right to C publishing house, and so on. Copyright transfer can also be regional. For example, both of them are English translation rights. The transferor transfers the English translation rights of the United States and Canada to an American publishing house, the English translation rights of Asia to an Indian publishing house, and the English translation rights of Europe to a British publishing house. From the situation of different countries, copyright transfer can be permanent, that is, the whole copyright protection period; It can also be time-limited, that is, several years within the copyright protection period. There is a difference between transfer of terms and exclusive license. Determination of the effectiveness of copyright transfer; Unlike trademark rights and patent rights, the transfer of copyright takes effect only after compulsory registration in relevant laws, and Article 25 of the Regulations on the Implementation of Copyright in People's Republic of China (PRC) stipulates that: Where an exclusive license contract or transfer contract is concluded with the copyright owner, it may be filed with the copyright administrative department. Judging from this, even if the copyright transfer is not filed, it is ok.