To save your time and get additional information that will help you in resolving the issue of which agreement in the field of intellectual property you need, we recommend watching the video on the YouTube Channel of the managing partner of the Legal House “Copyright” Yuliia Iskova at the following links:
Registration of rights of co-authors. License:
YouTube Channel – contracts are obligatory for conclusion so that the channel belongs to you:
Standard contracts, mandatory sections:
Artist – concert contracts, with employees:
Exclusive and non-exclusive licenses:
What is a contract? This is a written agreement of two or more parties aimed at establishing, changing or terminating economic relations.
In the field of intellectual property, there are a large number of types of contracts that can be conditionally divided into the following categories:
To dispose of property copyrights:
An author’s contract is a type of civil law contract that mediates the copyright relations related to the creation, use of literary, artistic and other works and the disposal of property copyrights for these works.
Types of copyright agreements:
Depending on the legal relations governing the author’s contracts:
- Agreement on granting permission to use the work;
- Agreement on granting the right to use the work;
- Agreement on transfer (alienation) of property rights to the work;
- Agreement on the transfer of the right to manage the property rights of the author;
Depending on the amount of rights, transfer (alienate):
- Agreement on the alienation of rights in full;
- The treaty of alienation of rights in part.
Depending on the readiness of the work:
- Agreement regarding the finished product;
- Agreement on the creation of a work (order agreement);
Depending on the nature of the relationship between authors and other subjects:
- Contract with the employer;
- Co-authorship Agreement;
- Agreement with other persons;
Depending on the purpose that the user and author pursue:
- Agreement on granting the right to use the work with the creation of a derivative work;
- Agreement on granting the right without creating a derivative product.
Depending on the amount of rights that are transferred for use:
- Agreement on transfer of exclusive right of use;
- Non-Exclusive Use Transfer Agreement.
The management of property rights of intellectual property, including copyright rights to the work, is carried out on the basis of the following agreements:
- licenses for the use of intellectual property rights;
- license agreement;
- contracts on creation of an order and fulfillment of an object of intellectual property rights;
- agreement on transfer of exclusive property rights of intellectual property;
- another agreement on the disposal of property rights of intellectual property.
Under the license agreement, one party (licensor) grants the other party (licensee) permission to use the object of intellectual property right (license) on the terms determined by mutual agreement of the parties taking into account the requirements of the Code and the Law.
When preparing such contracts, it is taken into account what type of license you need:
exclusive – it is issued to only one licensee and excludes the possibility of the licensor using the object of intellectual property rights in the area, which is limited by this license, and issuing them to other persons licenses for the use of this object in this area;
single – issued only to one licensee and excludes the possibility of issuing licenses by the licensor to other persons for the use of an object of intellectual property rights in an area that is limited by this license, but does not exclude the possibility of the licensor using this object in this area.
a non-exclusive license does not exclude the possibility of the licensor using an object of intellectual property rights in an area that is limited by this license and issuing licenses to other persons to use this object in this area.
Under the agreement on the creation by order and use of the intellectual property right object, one party (author – writer, artist, etc.) undertakes to create the intellectual property right object in accordance with the requirements of the second party (customer) and on time.
To settle relations between counterparties, depending on the specifics of the activity:
- distribution agreement on the use of intellectual property rights;
- agreements with investors to invest in projects related to objects of intellectual property law;
- agreement on sharing domain names, social media accounts, email addresses
- production agreements on joint activities of the Producer and the Artist;
- contracts with the production director, screenwriter, production operator, production designer;
- agency contracts;
- contracts with designers, editors, sound producers, etc.
Our specialists have experience and many years of practice in drawing up all the above mentioned types of contracts, and not only them, in the field of intellectual property, where an individual approach to each Client is required and the creation of an agreement is precisely for its needs.
* In the practice of our work, there is no concept of “template contract”
Features of our lawyers “provision of services for preparation of the contract you need:
- Obligatory provision by the Client of initial initial information under the contract, which is required, short.
- A mandatory written answer to additional questions from our lawyer regarding the future contract in order to accurately establish its type and specifics of preparation, taking into account all the client’s requirements.
- Payment for services: 50% of the total cost of the service before the start of work on the preparation of the contract and 50% after receiving the finished version and making insignificant adjustments based on the Client’s wishes after deduction.
- If additional amendments are made to the contract prepared by our lawyer by the counterparty of our Client, then their consideration, analysis and explanation for the Client, if necessary, is carried out for additional payment of such additional service under the contract.