Author’s contract: types and features of conclusion

A copyright contract is an important tool for protecting your rights as a creator. It regulates the relationship between the author and the person who wants to use the work, clearly defining the conditions and limitations of such use. If you do not conclude a copyrightcontract , you risk losing control over your work and incurring financial losses. In this article we will look at the different types of copyright contracts, the peculiarities of their conclusion and important aspects that must be taken into account to protect your rights. We also recommend that you read the article “Copyright: How to Protect Your Works in Ukraine?” to gain a deeper understanding of the legal aspects of intellectual property protection (the link will be added after the article is published).

 Section 1: What is a copyright contract?

The copyright contract is the foundation of the legal relationship between the author of a work and the person who wishes to use it. It defines the boundaries of use, the rights and obligations of the parties, and protects the rights of the author. In this section, we will look at why a copyright contract is so important and in which situations it is mandatory for you to effectively protect your intellectual property. Understanding these aspects will help you use this tool correctly and avoid potential problems.

Subsection 1.1: What is a copyright contract for?

The copyright contract plays a key role in protecting the rights of creators and regulating the use of their works. It is an essential tool for establishing a clear and transparent relationship between creator and user, minimising the risks of misunderstandings and conflicts.

Here are some key reasons why a copyright contract is important:

• Protecting the author’s rights: A copyright contract clearly defines which rights are transferred to the user and which rights remain with the author. This helps prevent illegal use of the work and protects the author’s interests.
• Clear definition of the terms of use: The contract establishes the specific terms of use of the work, such as the manner, term, territory and purpose of use. This helps to avoid ambiguous interpretations and ensures transparency between the parties.
• Financial regulation: The author’s contract determines the amount and procedure of payment of the author’s remuneration. This ensures that the author receives proper compensation for the use of his work.
• Avoiding disputes: Clearly defined terms of the contract minimise the risk of disputes between the author and the user. In the event of a conflict situation, the contract serves as a basis for its settlement.
• Evidence base: The author’s contract is a written document that can be used as evidence in court in case of violation of the author’s rights.

Conclusion of an author’s contract is a manifestation of professionalism and responsible attitude to your creativity. It helps to protect your rights, receive proper remuneration and avoid unpleasant situations.

Don’t hesitate to sign a copyright contract – it is an investment in your future creativity. We will go into more detail about the types of copyright contracts in the following sections.

Subsection 1.2: When do I need a copyright contract?

A copyright contract must be concluded for any commercial use of your work. This applies to both full and partial use, regardless of the form and method.

Here are a few typical situations where the conclusion of a copyright contract is mandatory:

• Publication of the work: If you plan to publish your work (book, article, photograph, etc.) in a magazine, newspaper, website, or any other publication.
• Distribution of the work: If you sell or otherwise distribute copies of your work (e.g., music CDs, software).
• Use of your work in advertising: If your work is used in advertising materials (e.g., music in a video, a photograph on a poster).
• Creation of derivative works: If a third party plans to create a new work based on yours (e.g. translation, adaptation, film based on a book).
• Public performance or display of the work: If your work will be performed or displayed in public (e.g., a theatre performance, concert, film screening).
• Use of the work online: If you post your work on a website, social media or other online platforms and it will be available for viewing and downloading.

Even if you grant permission for free use of your work, it is recommended that you enter into a copyright agreement. This will help avoid misunderstandings and protect your rights in the future. The contract may provide for free use, but clearly define the boundaries and conditions of such use.

Do not neglect the author’s contract – it is an important tool to protect your rights and interests.

Section 2: Types of Copyright Contracts

Copyright contracts can take many different forms and terms depending on the particular situation and needs of the parties. Understanding the variety of copyright contract types will help you choose the most appropriate option to protect your rights and regulate the use of your work. In this section, we will look at the most common types of copyright contracts, their features and differences to help you make the right choice. This is important for both authors and those who plan to use the creations of others.

Subsection 2.1: Licence agreement

A licence agreement is one of the most common types of copyright contract. It grants the user the right to use the work under certain conditions, while the author retains copyright and may grant licences to others. Alicence agreement provides a balance between the interests of the author and the user, allowing the author to control the use of his work and receive remuneration, and the user to legally use the work for his needs. Conclusion of an author’s contract exactly in the form of a licence agreement is the best solution in many cases. The protection of the author’s rights remains at a high level.

The main characteristics of a licence agreement:

• Non-exclusive right of use: The user receives a non-exclusive right, meaning that the author can grant licences to others to use the same work.
• Limited rights: The contract clearly defines what rights are transferred to the user (e.g., the right to publish, distribute, translate). The author may limit the ways in which the work may be used.
• Term and Territory: The licence is granted for a fixed term and for use in a fixed territory.
• Remuneration: The user pays remuneration to the author for the use of the work. The amount and procedure of remuneration payment are defined in the contract.

Types of licences:

• Exclusive licence: Although usually the licence agreement provides for a non-exclusive right, in some cases the author may grant an exclusive licence, meaning that only one specific person will have the right to use the work in a certain way.
• Non-exclusive licence: The most common type, where the author retains the right to grant licences to others.
• Open licence: Allows anyone to use the work under certain conditions, usually without payment of remuneration.

Licence agreement is a flexible tool that allows the parties to settle the relationship on the use of the work, taking into account their individual needs and interests. It provides protection of the author’s rights and at the same time gives the user the opportunity to use the work legally.

Subsection 2.2: Copyright Transfer Contract

A copyright transfer agreement is an agreement whereby the author transfers to another person (the acquirer) the exclusive right to use his work. This means that after the conclusion of such a contract, the author loses the right to independently use the work in the ways provided for in the contract, as well as to grant permission to use the work to other persons. A copyright transfer agreement has significant differences from a licence agreement and should be entered into with caution, taking into account the consequences for the author.

The main characteristics of a copyright transfer contract:

• Exclusive right of use: The acquirer receives the exclusive right to use the work within the limits specified in the contract.
• Scope of rights: The contract clearly defines what rights are transferred to the acquirer. It may be all property rights in the work or only some of them (e.g., the right to publish, distribute, translate).
• Term and territory: The transfer of rights is for a specific term and for use in a specific territory.
• Remuneration: The author receives remuneration for the transfer of rights. The amount and procedure for payment of remuneration are defined in the contract.

Important aspects to be considered by the author:

• Irreversibility: The transfer of copyright is often irreversible. The author should carefully weigh the pros and cons before entering into such a contract.
• Self-limitation: After the transfer of exclusive rights, the author will not be able to independently use the work in the ways provided for in the contract.
• Importance of clear wording: The contract should contain clear and unambiguous wording regarding the scope of the transferred rights, the term and territory of the contract, as well as the amount and procedure for payment of remuneration.

Recommendation: Before concluding acopyright transfer agreement, be sure to consult a lawyer specialising in intellectual property. This will help you protect your interests and avoid negative consequences.

Subsection 2.3: Other types of copyright contracts

In addition to the licence agreement and the copyright transfer agreement, there are other types of copyright contracts that govern different aspects of the use of works. Although they are less common, it is important to be aware of their existence and features.

• • Contract for commissioning a work: This contract is concluded between the author and the client, who commissions the author to create a work on a certain subject and according to certain requirements. The terms and conditions regarding the rights to the work, the amount and procedure for payment of remuneration are defined in the contract. Usually, the property rights to the commissioned work belong to the client, unless otherwise provided for in the contract.
  • Contract for the creation of an audiovisual work: This type of contract regulates the relationship between the authors (screenwriter, director, composer, etc.) and the producer of a film or other audiovisual work. It defines the rights and obligations of each party, the amount and procedure of remuneration payment.
  • Contract for the use of a work in a collection: If your work is included in a collection together with the works of other authors, it is necessary to conclude a contract with the compiler of the collection. The contract defines the terms of use of the work, the amount of remuneration, and the like.

These are just some examples of other types of copyright contracts. Depending on the specific situation, other types of contracts, or a combination of different types, may be used. It is important to remember that each case is unique, and in order to protect your rights it is necessary to carefully consider the terms of the contract and seek advice from an intellectual property specialist.

Section 3: Peculiarities of concluding a copyright contract

Entering into acopyright contract is an important step to protect your rights as a creator. In order for the contract to be valid and effective, a number of features need to be taken into account and all essential terms need to be clearly spelt out. In this section we will look at the key aspects ofconcluding a copyright contract, which will help you avoid mistakes and ensure proper protection of your intellectual property. From the form of the contract to specific recommendations, we’ll take you through it step-by-step.

Subsection 3.1: Essential terms of the contract

Copyright contract must contain a number of essential conditions, without which it may be considered invalid. A clear definition of these conditions is the key to protecting the author’s rights and preventing future conflicts.

The essential terms of an author’s contract include:

• Subject of the contract: It is necessary to clearly define the work that is the subject of the contract. It may be the title of the work, its type (literary, musical, artistic, etc.), volume, form of existence (manuscript, electronic file, etc.). The more detailed the subject of the contract is described, the less grounds for different interpretations.
• Methods of use of the work: It is important to clearly specify which methods of use of the work the user is allowed to use (e.g. reproduction, distribution, public display, translation, adaptation). If the method of use is not specified in the contract, it is deemed not to be authorised.
• Term of the contract: The period during which the user has the right to use the work must be defined. It may be a specific term or the contract may be concluded for an indefinite period.
• Territory where the use of the work is allowed: If the territory is not specified, it is considered that the contract is valid on the entire territory of Ukraine.
• Amount of remuneration and procedure of its payment (for contracts where remuneration is provided for): The contract should clearly state how much the author will receive for the use of his work and when and how this remuneration will be paid (in a lump sum, in instalments, as a percentage of profit, etc.).

The absence of any of these conditions may lead to the recognition of the author’s contract invalid. Therefore, it is important to carefully consider all the details and record them in writing.

Subsection 3.2: Form of the contract

In order for a copyright contract to be legally enforceable and to be proper evidence in case of disputes, it is important to comply with the requirements for its form.

General rule: A copyright contract is concluded in writing. An oral agreement to use a work will not be enforceable and will not protect your rights.

Exceptions:

There are some exceptions to this rule when it is permissible to enter into a copyright contract orally. This applies to cases when:

• The contract is concluded for the use of the work in periodicals or in other publications issued in separate issues. In such a case, the fact of publication of the work with the name of the author is considered as confirmation of the conclusion of the contract. However, even in such cases it is recommended to have a written contract to avoid misunderstandings.
• The contract is concluded with the organisation for the collective management of the authors’ property rights.

Notarisation:

Copyright contracts do not require mandatory notarisation, except for contracts on the transfer of exclusive copyright. However, notarisation may be an additional guarantee of the validity of the contract and simplify the process of proving its terms in court.

Keeping the contract:

After entering into a copyright contract it is important to keep the original or a duly certified copy of thecontract. This will help you protect your rights in the event of a dispute.

Compliance with the form requirements of a copyright contract is important to protect your rights and interests. Don’t neglect these requirements, and your contract will be enforceable and provide adequate protection for your creativity.

Subsection 3.3: Recommendations for concluding a contract

Entering into acopyright contract is an important process that requires attention to detail and an understanding of the nuances of the law. Observing the following recommendations will help you to conclude a contract that will maximise the protection of your interests:

• Consult a lawyer: The best solution is to contact a qualified lawyer specialising in intellectual property. A lawyer will help you draft a contract that is tailored to your needs and the law, and will take into account all important aspects.
• Make sure that the contract clearly defines the subject matter of the contract, how the work will be used, the term of the contract, the territory and the amount of remuneration. Avoid general phrases and ambiguous wording.
• Consider future use of the work: Think about how you plan to use your work in the future and make sure the contract does not limit your options.
• Discuss all terms with the user: Before signing the contract, discuss all terms with the user and make sure you both understand them equally.
• Keep a copy of the contract: After signing the contract, keep the original or a properly certified copy in a safe place.

Following these recommendations will help you to conclude a copyright contract, which will effectively protect your rights and interests. You should not neglect this important stage, because it is a guarantee of your safety in the world of intellectual property.

Section 4: What to do if a copyright contract is breached?

Even the most carefully drafted copyright contract does not always guarantee the absence of infringement. What should you do if your rights as an author have been violated? In this section we will consider the algorithm of actions in such a situation, from pre-trial dispute resolution to going to court. Knowing your rights and how to protect them will help you act decisively and effectively in the event of a breach of copyright contract.

Subsection 4.1: Pre-trial dispute resolution

Before going to court with a claim for breach of copyright contract, it is recommended to try to resolve the dispute in a pre-trial order. This will allow you to save time and money, as well as to preserve business relations with the other party, if possible and appropriate.

Stages of pre-trial settlement:

1. Addressing the infringer: First of all, contact the person who has violated the terms of the copyright contract with a written claim. In the claim, clearly state which parts of the contract have been breached and what your demands are (e.g. cessation of the breach, payment of compensation). Give the breaching party a reasonable period of time to fulfil your demands.
2. Negotiation: If the perpetrator agrees to discuss the situation, try to reach a compromise through negotiation. Be prepared to dialogue and find a mutually beneficial solution. Put any agreements reached in writing.
3. Mediation: If negotiations are unsuccessful, a mediator, an independent third party, can be used to help the parties find a mutually satisfactory solution.

Advantages of pre-trial settlement:

• Saving time and money: Pre-trial settlements usually take less time and money than litigation.
• Preserving the business relationship: A successful pre-trial settlement preserves the business relationship with the other party.
• Confidentiality: A pre-trial settlement avoids the publicity that is inevitable in litigation.

If a pre-trial settlement fails, the next step is to go to court.

Subsection 4.2: Going to Court

If pre-trial settlement of a dispute over a breach of copyright contract fails, you have the right to go to court to protect your rights. This is an extreme measure, but it is often the only effective way to restore justice and receive compensation.

Steps in going to court:

1. Gathering evidence: Carefully collect all the evidence that confirms the fact of the copyright contract and its violation. This may be: the contract itself, correspondence with the infringer, screenshots, witness statements, expert reports and the like.
2. Drafting of the statement of claim:The statement of claim must be drafted in accordance with the requirements of the civil procedural legislation. It must contain:
   • • Name of the court to which the claim is filed.
     • Details of the parties (plaintiff and defendant)

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   • The circumstances of the case and the evidence that supports them.
   • Clearly formulated claims against the defendant (e.g., cessation of the breach, damages, compensation).
   • A list of documents attached to the claim.
3. Filing the lawsuit in court: The lawsuit is filed in the court where the defendant is located.
4. Trial : During the trial, the parties are given the opportunity to present their evidence and arguments. The court will examine the case file and make a judgement.
5. Enforcement of the court decision: If the court decision is in your favour, you will have the right to enforce it.

Recommendations:

• Contact a lawyer: Going to court is a complex process that requires professional knowledge and experience. It is recommended to contact a lawyer specialising in intellectual property protection cases. The lawyer will help you draft a statement of claim, collect evidence and represent your interests in court.
• Be prepared for a long process: Court proceedings can take quite a long time. Be patient and persistent in defending your rights.

Going to court is an effective way to protect copyright, but it requires careful preparation and professional assistance.

Conclusions

The copyright contract is an integral part of the protection of the intellectual property rights of authors. It helps to regulate the use of works, prevent conflicts and ensure that authors receive remuneration for their labour. Understanding the different types of copyright contract and the specifics of their conclusion will help you choose the most appropriate option and protect your interests. In case of breach of contract, it is important to act decisively and use all available defence mechanisms, including pre-trial dispute resolution and recourse to the court. Remember that a properly drafted copyright contract is a guarantee of your safety in the world of intellectual property. For more detailed familiarisation with the topic of copyright, we recommend reading the article “Copyright: How to Protect Your Works in Ukraine?“.