Drafting a Copyright Agreement

The author’s contract is one of the types of license agreement. Due to the existence of an author’s contract, it is possible to carry out commercial exploitation of one’s product by transferring one’s rights to a licensee for a stipulated amount. Before concluding this type of contract, it is worth understanding that the object of copyright is works that exist in a certain objective form (music, text, image, video). Facts, discoveries, ideas are not protected by copyright. Specialists of our legal company “PRIKHODKO & PARTNERS” will help you draw up a high-quality author’s contract.

Types of copyright contracts

Among the types of copyright contracts, the following are distinguished:

• Agreement on alienation (transfer) of property rights.

It provides for the partial or full transfer of rights to another person. The property rights transferred under this type of contract are clearly defined. If certain rights are not specified in the contract, they are considered non-transferable.

• Agreement on the transfer of rights to use the work.

The contract provides for the issuance of permission to use the works in any ways specified in the contract. The agreement on the transfer of rights provides for the transfer of the exclusive and non-exclusive right to use the work.

• Author’s contract of order.

The author’s order contract provides for the creation of a work by the author that meets the requirements of the customer (the other party) within a clearly established period.

The terms of the contract, which worsen the position of the author in comparison with the position established by the current legislation, are defined as invalid. Contract terms that limit the rights of the author to create intellectual products in the future are also invalid.

The author’s contract can be concluded in writing, certified by a notary, registered in the State Intellectual Property Service of Ukraine.

Also, the qualification of copyright contracts can be based on such criteria as:

1. Type of work (musical, literary, fine art, audiovisual).
2. The state of the work (it can be a pre-order of the work or the transfer of rights to an already finished product to the licensee).
3. Method of exploitation (script, publishing contracts, public use agreements, etc.).

Peculiarities of drawing up an author’s contract

The author’s contract can be drawn up by the author himself or his heirs. If we are talking about heirs, a mandatory condition is the provision of a certificate of the right of inheritance (issued according to a will or law). This document must clearly state that the copyright is inherited in its entirety. The work can be owned by both individuals and legal entities.

All the nuances are clarified during the drafting of the contract. For example, it is possible to limit the rights of the publisher for partial use of the work, adaptation, translation, etc.

The contract may include special provisions related to the integrity of the work to be published. Separately, the contract may state that “the publisher must reproduce the work without reductions, any changes, additions.” This should be especially noted when it comes to “non-property rights” in other countries.

Actual example

You are the author of a scientific article. The author’s contract may list the following ways of using the work:

• Reproduction of the article or its part in the original language in an electronic or paper version.
• Distribution of the article.
• Transfer of rights to use the materials of the article by third parties.
• Territory of use of the work.
• Term of the contract.
• Duties and rights of the parties to the contract.

Subject of copyright agreement:

• Property rights (in cases where the author fully transfers them for use).
• Permission to use the work (author’s license agreement).

If we are talking about concluding a license agreement, it is necessary to specify exactly what rights are transferred.

Subject of copyright agreement:

• Author.
• Successor of the author.
• User (acquirer) of copyright.

Thus, the author’s contract is the basis for all legal relations regarding the use of this or that work that arise between the author or the user. Before entering into a legal relationship, it is necessary to conclude a written contract. This is due to the fact that the purposes of using the works are different for each user.

The legal company “PRIKHODKO & PARTNERS” has many years of experience in the field of intellectual property rights protection.

We will help:

• Get professional copyright advice.
• Develop a contract and strategy to protect your intellectual property product.
• Provide qualified copyright protection within the framework of current Ukrainian legislation.

The main key to our success is an individual approach to each client. This is very important in the process of concluding copyright contracts. Contact the qualified specialists of our law firm! Leave an application for the calculation of the cost of developing an author’s contract.