Договір про створення за замовленням і використання твору
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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.
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