Orders for
the creation of a work with the subsequent transfer of rights to the work
Recently, the number of orders for the creation of
author's works has really increased significantly. This is due to the active
injection of funds from the budgets of European organizations in support of
Ukrainian publishers and authors.
The general state of the cultural front, given the
number of commissioned works, has worsened in 2022. However, it should be noted
that many new authors have entered the publishing market, as well as a large
number of new publishers. This creates a request from the developers of current
contracts, new legal advice, etc.
Our experts suggest that you read this article in
order to understand the main points of the use and application of the agreement
on the order for the development of works and their use.
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.
Essential terms of the contract for ordering a work
and transfer of rights to the customer
Agreements in the field of intellectual property law
acquire quite typical forms among themselves, however, in essence they differ
from each other and clearly stand out among other areas.
At the same time, such an agreement specifically
highlights its subject, because it provides:
●
Creation
of an Essay;
● Transfer
of the right to use the Work;
● Transfer
of the exclusive right to authorize the use of the Work;
● Transfer
of the right to prevent the unlawful use of the Work, including prohibiting
such use.
It should be noted that under the contract, the author
undertakes, under certain conditions, to create a work in accordance with the
established requirements. This is a significant advantage of such contracts.
The Legal Department of the Consultant recommends
using a contract for the creation of a work and the transfer of rights to such
a work, because it enhances the cooperation of the parties and avoids unpleasant
disputes.
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 creation of a work in accordance with
applicable law and reduce the risk of disputes of any category.
What to pay attention to when concluding a contract
for commissioning a work?
First of all, the specialists of the legal marketplace
"Consultant" recommend that you carefully read all the essential
conditions and main provisions of the contract.
For authors, the recommendations are to focus on the
conditions for creating a work and paying for such work:
●
Terms
of order fulfillment;
● The
volume of the work;
● Technical
requirements for the design of the work;
● Requirements
for the method of transferring media with a work;
● the
procedure for remuneration (number of advances, amount of payments);
● Consequences
subject to failure to comply with certain provisions of the contract;
Having studied in detail all the provisions of this
nature, it is possible for the parties to successfully cooperate with obtaining
the expected or even better result.
In the case when it is necessary to analyze the
agreement on the distribution of property rights to an official work 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 an agreement on ordering a work and
transferring property rights to a work
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 the creation of a work 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!
