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.
Our team cares about each client, so in case of problems, we will
promptly help in resolving your issue!
