Agreement on the use of the author's works by a collective management organization
Intellectual property law, copyrights create a great demand in the working field of lawyers. This leads to the introduction of legal "innovations" in contracts, which gives rise to precedents in judicial practice.
Now there are many examples of dubious application of copyright and related rights, which causes indignation among authors who have the right to their product of mental activity. Our experts decided to deal with the main nuances when working with contracts in the field of intellectual property law to answer the most common questions.
Despite the fact that the war significantly worsened the condition of representatives of the cultural intelligentsia, who became parties to such agreements, the European community actively supports the cultural front of Ukraine and requires compliance with the basic principles of intellectual property law.
If it is necessary to draw up an individual contract during the war in Kyiv or Ukraine, we recommend using the legal services of the Consultant to order a turnkey document.
When is an agreement between the author of a work and a collective management organization necessary?
The contract is concluded under the main conditions under the following circumstances:
● The user (i.e. organization) receives the right to non-exclusive use of the author's works;
● The user must pay the amount due to the author for this;
● The user uses the works in fixed ways (public performance, broadcast, etc.).
The contract may contain more specific provisions on the use of the author's works, so in any case, cooperation with a lawyer will improve the quality of such a contract.
The author should carefully read all the provisions of the contract. In terms of its content, it will be similar to an agreement on the payment of remuneration for the use of published phonograms and videograms for commercial purposes.
Our experts recommend that you first obtain professional advice from lawyers in the field of copyright and related rights in order to form an agreement on the use of the author's works by a collective management organization in accordance with applicable law and reduce the risk of disputes of any category.
The main points in the contract for the use of works by the organization
The essential terms of the contract have typical names along with other contracts, however, contracts in the field of copyright and related rights will have significant specifics along with similar contracts.
The presence of such a concluded agreement will allow the author to qualitatively protect copyright and determine the conditions and procedure for paying remuneration for the use of his works.
Our experts recommend paying special attention to the subject of the contract, the rights and obligations of the parties, as well as the terms. It is these essential conditions that will be decisive in the question of the properties of such a contract.
If it is necessary to analyze the agreement with the collective management organization and the author of the works or develop an individual document, we suggest using our legal services "Consultant". Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Template for a royalty agreement with a collective management organization
The best lawyers in the field of intellectual property law and related disputes are ready to provide appropriate advice! We offer high quality services with comfortable service.
It has become much easier to purchase a sample contract for remuneration in Kyiv! You can upload a document in a few simple steps:
● Download the mobile application "Consultant";
● After a short registration, you can find the required document in the "Documents" section;
● By clicking the "Buy Template" button, you will immediately receive a link to download the document.
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