Draw up various draft copyright agreements.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes to create a series of images “” (hereinafter referred to as the “Works”) according to the Customer’s instructions and to transfer to the Customer exclusive copyright rights to use the Works within the limits stipulated by this agreement and for a period specified in the contract, and the Customer pays the Contractor for the creation of works and the provision of exclusive rights to them reward. Use in this agreement means the sale of a work as a product or its other use in civil circulation within the limits provided for by the agreement.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes to create works in accordance with the Customer's Assignments, the form of which is established in Appendix No., which is an integral part of this agreement. Two copies of the assignment are signed by both parties and are kept by the Customer. The Contractor also undertakes to follow the Customer’s oral instructions regarding the execution of the task.

2.2. The performer undertakes to create the works using his own resources and resources and guarantees that he has copyright to the works. The deadline for creating the work is specified in the assignment.

2.3. The Customer undertakes to review the submitted work and notify the Contractor either of approval of the work, or of the need for amendments and modifications, indicating the required corrections. Upon receipt of the Customer's instructions to make amendments and modifications, the Contractor undertakes to make the required corrections within the agreed time frame and resubmit the work. Upon receipt of the Customer's approval, the Contractor undertakes to present the work in the form of a contour drawn image and its color options in printed form, as well as on computer media in accordance with the Customer's requirements.

2.4. WITH final version a copy is made of the work, on which marks are placed on the delivery of the work by the Contractor and its acceptance by the Customer, the signatures of the parties, as well as the date of acceptance. The work is considered accepted from the moment the parties sign a copy of the work. The performer is transferred only the rights to the work that was accepted in the above form.

2.5. An agreement for the transfer of exclusive copyright in a work is considered concluded from the moment the parties sign the assignment for the creation of the corresponding work. The agreement is considered concluded on the terms of the assignment and this agreement.

2.6. The Contractor grants the Customer the following exclusive rights to the works created:

• the right to reproduce a work (duplication, replication or other reproduction, i.e. repeatedly giving an objective form allowing its functional use) without limiting the circulation;
• the right to distribute copies of the work in any way;
• the right to publish the work, i.e. to communicate the work in any other form or in any way to an indefinite number of persons;
• the right to public use of the work and demonstration for informational, advertising and other purposes;
• the right to import copies of the work for distribution purposes;
• the right to use the work under a trade name, production mark and trademark Customer;
• the right to remake the work, use it as a basis for creating other images, and otherwise rework the work (the right to rework);
• the right to assign, on contractual terms, the rights acquired under this agreement to third parties.

2.7. The amount of remuneration to the Contractor for the created work and the transfer of rights to it is provided for in the task.

2.9. The validity of the transferred exclusive copyrights is not limited to territorial boundaries.

2.10. The Contractor does not reserve the right to use the work independently or to grant similar rights to use it to third parties.

3. RESPONSIBILITY OF THE PARTIES

3.1. The party that fails to fulfill or improperly fulfills its obligations under this agreement, as well as under the agreement for the transfer of exclusive copyrights, is obliged to compensate the other party for losses caused by such failure. If the party that violated the contract received income as a result, the party whose rights were violated has the right to demand compensation, along with other damages, for lost profits in an amount not less than such income.

3.2. In the event of a violation of the contract, the party whose right is violated also has the right to demand recognition of the right, restoration of the situation that existed before the violation of the right, and the cessation of actions that violate the right or create a threat of its violation.

3.3. In cases not provided for by the contract, property liability is determined in accordance with the current legislation of the Russian Federation.

4. PRIVACY

4.1. The terms of this agreement and assignments are confidential and not subject to disclosure.

5. DISPUTE RESOLUTION

5.1. All disputes and disagreements that may arise between the parties on issues that are not resolved in the text of this agreement, will be resolved through negotiations based on current legislation.

5.2. If controversial issues are not resolved during negotiations, disputes are resolved in court in the manner prescribed by current legislation.

6. TERM OF THE AGREEMENT

6.1. This agreement comes into force from the moment of conclusion and is valid for years. At the end of the validity period, the contract is considered extended for the same period, unless either party declares otherwise.

7. TERMINATION OF THE AGREEMENT

7.1. The parties have the right to terminate this agreement early, as well as the agreement for the transfer of exclusive copyrights by mutual written agreement, as well as in other cases provided for by law or this agreement.

8. FINAL PROVISIONS

8.1. In all other respects that are not provided for in the contract, the parties are guided by current legislation Russian Federation.

8.2. Any changes and additions to this agreement are valid, provided that they are made in writing and signed by the parties or duly authorized representatives of the parties.

8.3. All notices and communications must be given in writing.

8.4. The Agreement is drawn up in two copies, one of which is kept by the Contractor, the second – by the Customer.

8.5. Addresses and payment details of the parties:

9. DETAILS AND SIGNATURES OF THE PARTIES

Customer

• Legal address:
• Mailing address:
• Phone fax:
• INN/KPP:
• Checking account:
• Bank:
• Correspondent account:
• BIC:
• Signature:

Executor

• Registration address:
• Mailing address:
• Phone fax:
• Passport series, number:
• Issued by:
• When issued:
• Signature:

The First Author can only be an individual creative work which a work of art, literature or science, as well as any other intellectual property, was created. The author owns the entire range of personal non-property rights and the exclusive right to any use of the work.

Copyright holders may be other persons to whom the exclusive right has been transferred from the Author on the basis of an agreement or by force of law, for example: the author’s heirs, employers, customers, if the author worked at their expense.

Conventionally, copyrights can be divided into two interconnected groups: The first group – Personal non-property rights and property rights. The first group includes: being an Author and being published under own name, and also make the work public.

The second group is the exclusive right to perform actions and use the work for profit or without profit, namely: reproduction and sale of copies of the work, public displays, performances, import of the original, reproduction of sound and video recordings, implementation of various projects (architecture, design) and any other actions in the media that do not contradict the law.

In accordance with Article 1281 of the Civil Code of the Russian Federation, the validity period of the exclusive right remains throughout the life of the author and seventy years after his death, after this period the work is considered a national treasure.

According to Article 1259 of the Civil Code of the Russian Federation, the object of copyright is works (parts of a work) of science, literature, art, regardless of their type of purpose, dignity, as well as the method of expression. Works can be in written oral form, drawings, paintings, all types of recordings, dances, performances, geographical and topographic maps, computer programs, arrangements, collections, etc.

Official documents, information messages, works folk art cannot be subject to copyright.

Copyright is not associated with the material (material) carrier of the work. Without the consent of the Author, only quotation of the work is allowed with the obligatory indication of the Author. In this case, no remuneration is paid to the Author.

Registration of copyright for a work is optional, but desirable, since, in the case of plagiarism, it will be much easier for the Author to prove his original right. There is an organization that will preserve the work in its depository in the original copy.

The other party to the contract is the user, who is usually entity, for example, publishing house, television station.

By general rule the agreement must be concluded in writing, an exception is made for agreements on the use of a work in periodicals - these agreements can be concluded orally.

• provide for ways to use the work (specific rights transferred under this agreement);
• the period and territory for which the right is being sold;
• the amount of remuneration and (or) the procedure for determining the amount of remuneration for each method of using the work, the procedure and timing of its payment;
• other conditions that the parties consider essential for this agreement.

The author's contract is concluded for a certain period, however, if the contract does not contain a term clause, then the contract can be terminated by the author after five years from the date of its conclusion, if the user is notified in writing about this six months before the termination of the contract.

Copyright agreements are divided into agreements on the transfer of exclusive rights and agreements on the transfer of non-exclusive rights. Rights transferred by copyright agreement, are considered transferred on non-exclusive terms, unless the contract expressly provides otherwise. Thus, we can say that the non-exclusivity of the rights transferred under the copyright agreement is presumed.

There are also agreements on the use of an already created work and order agreements. In the latter case, the contract is concluded for a period not yet finished product and the author undertakes to create this work by a certain date.

Depending on the nature and method of use, publishing and production contracts are distinguished. In turn, a publishing contract can be divided into a contract for the publication of literary works, musical works, works visual arts, each of which has certain characteristics. However, it should be noted that such a classification is not enshrined in legislation.

There is an order agreement, under which the author undertakes to create a work in accordance with the terms of the agreement and transfer it to the other party (customer), and the customer undertakes to pay a remuneration. The content of copyright agreements consists of the rights and obligations of authors.

Copyright agreement. The transfer of property rights can be carried out on the basis of an author's agreement on the transfer of exclusive rights or on the basis of an author's agreement on the transfer of non-exclusive rights. An author's agreement on the transfer of exclusive rights allows the use of a work in a certain way and within the limits established by the agreement only to the person to whom these rights are transferred, and gives such a person the right to prohibit similar use of the work to other persons.

The right to prohibit the use of a work by other persons may be exercised by the author of the work if the person to whom the exclusive rights are transferred does not protect this right.
An author's agreement on the transfer of non-exclusive rights allows the user to use the work on an equal basis with the holder of exclusive rights who transferred such rights, and (or) other persons who received permission to use this work in the same way.
Rights transferred under an author's agreement are considered non-exclusive, unless the agreement expressly provides otherwise.

Terms of the copyright agreement

The copyright agreement must provide for: methods of using the work (specific rights transferred under this agreement); the period and territory to which the right is transferred; the amount of remuneration and (or) the procedure for determining the amount of remuneration for each method of using the work, the procedure and timing of its payment, as well as other conditions that the parties consider essential for this agreement.
If there is no provision in the author's agreement about the period for which the right is transferred, the agreement may be terminated by the author after five years from the date of its conclusion, if the user is notified in writing about this six months before termination of the agreement.

If there is no provision in the copyright agreement about the territory to which the right is transferred, the validity of the right transferred under the agreement is limited to the territory of the Russian Federation.
All rights to use the work that are not expressly transferred under the copyright agreement are considered not transferred.
The subject of a copyright agreement cannot be rights to use the work that are unknown at the time the agreement is concluded.

The remuneration is determined in the copyright agreement in the form of a percentage of income for the corresponding method of using the work or, if this is impossible to achieve due to the nature of the work or the peculiarities of its use, in the form of an amount fixed in the agreement or otherwise.
Minimum rates royalties are established by the Council of Ministers - the Government of the Russian Federation. The minimum amounts of royalties are indexed simultaneously with the indexation of the minimum amounts wages.
If in an author's contract for the publication or other reproduction of a work the remuneration is determined in the form of a fixed amount, then the contract must establish maximum circulation works.

Copyright agreement form

When selling copies of computer programs and databases and providing mass users with access to them, it is allowed to use a special procedure for concluding contracts established by the Law of the Russian Federation “On legal protection programs for electronic computers and databases."

Author's order agreement

Under an author's ordering agreement, the author undertakes to create a work in accordance with the terms of the agreement and transfer it to the customer. The customer is obliged to pay an advance to the author against the remuneration stipulated in the contract. The amount, procedure and timing of advance payment are established in the contract by agreement of the parties.

Liability under the copyright agreement

The party that fails to fulfill or improperly fulfills its obligations under the copyright agreement is obliged to compensate for losses caused to the other party, including lost profits. If the author does not submit the commissioned work in accordance with the terms of the order agreement, he is obliged to compensate for the actual damage caused to the customer.

__________________ “___” ________________ 20__

Hereinafter referred to as the “Author”, on the one hand, and ________________________, hereinafter referred to as the “User”, represented by _______________________, acting on the basis of the charter, on the other hand, have entered into this agreement as follows.

1. Subject of the copyright agreement
1.1. The Author transfers to the User the exclusive (non-exclusive) right to use ________________________, hereinafter referred to as the “Work” in the following ways:
1.1.1. reproduce the Work (right to reproduce);
1.1.2. distribute copies of the Work in any way: sell, rent, etc. (right to distribute);
1.1.3. import copies of the Work for distribution purposes, including copies made with the permission of the owner of exclusive copyright (import right);
1.1.4. publicly display the Work (right to public display);
1.1.5. publicly perform the Work (right of public performance);
1.1.6. communicate the Work (including display, performance or broadcast) to the public by broadcast and/or subsequent broadcast (the right to broadcast);
1.1.7. communicate the Work (including display, performance or broadcast) to the public by cable, wire or other similar means (right of communication to the public by cable);
1.1.8. translate the Work (the right to translate);
1.1.9. rework, arrange or otherwise process the Work (right of processing).

2. Deadline for transfer of rights
The rights specified in clause 1 of this copyright agreement are transferred by the Author to the User for ______ years from the date of entry into force of this agreement.

3. Territory of use of rights
The user has the right to use the rights transferred under this copyright agreement in the territory of ___________________.

4. Contract price
4.1. For using the work in any, several or all of the ways specified in clause 1 of this agreement, the User undertakes to pay _________% of the income for the corresponding method of using the Work.
4.2. Payment is made monthly (quarterly, annually), no later than _______ of the next month.
4.3. The User undertakes to provide, at the request of the Author, all documentation necessary to determine the amount of payments due to the Author under clause 4.1 of this agreement.
4.4. If payments are delayed, the User shall pay the Author a penalty in the amount of _________% of the amount delayed for payment.

5. Responsibility of the parties
The party that fails to fulfill or improperly fulfills its obligations under this agreement shall be liable in accordance with current legislation.

6. Addresses and details of the parties
______________________

LICENSE AGREEMENT N ____

with the author-compiler of the literary

works of grant of rights

use of the work

g. _____________“___”___________ ____ g.

We refer to__ hereinafter as the “Author-compiler”, on the one hand, and _______________, hereinafter referred to as the “User”, represented by _______________, acting___ on the basis of _______________, on the other hand, together referred to as the “parties”, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The author-compiler grants the User the right to use the literary work on the terms provided for in this agreement, and the User, for granting this right, pays the Author-compiler a remuneration in the manner prescribed by this agreement.

1.2. Literary work, the right to use of which is transferred under this agreement, is _______________ (indicate the type, form, other characteristics (book, album, etc.)) in _____________ language called “_______________” (hereinafter referred to as the “work”).

The volume of the work is ______________ printed sheets.

Other characteristics of the work: __________________________.

1.4. The author-compiler guarantees that he has the exclusive right to the work, the right to use which is transferred under this agreement, as well as his compliance with the rights of the authors of the materials included in the work.

1.5. The transfer of the exclusive right to a work to a new copyright holder is not grounds for changing or terminating this license agreement.

2. WAYS OF USING THE WORK.

RIGHTS AND OBLIGATIONS OF THE PARTIES

– reproduce the work (right of reproduction);

— distribute copies of the work in any way: sell, etc. (right to distribute);

— import copies of a work for distribution purposes (import right);

— translate the work (the right to translate);

- remake, arrange or otherwise process the work (the right to processing);

— ____________________________________.

2.2. Use of the work by the User under this agreement is permitted in the territory of __________________.

2.3. Despite the conclusion of this agreement, the Author-compiler has the right to independently use the work or grant the right to use it to third parties (simple (non-exclusive) license). The user has no right to prohibit the use of the work by other persons to whom the right to such use has been granted by the author.

2.4. The right to use the work under this agreement is transferred by the Author-compiler to the User for a period of _____________.

2.5. The manuscript of the work, the right to use which is transferred under this agreement, is transferred in the following order: ____________________.

2.6. The user has the right to provide the work with the necessary illustrations, prefaces, afterwords, comments and/or explanations in agreement with the author.

2.8. During the term of this agreement, the Author-compiler undertakes to refrain from any actions that could impede the User’s exercise of the right granted to him to use the work within the limits established by this agreement.

3. SIZE OF REMUNERATION, PROCEDURE AND DATES FOR ITS PAYMENT

Option: The User pays the Author-compiler a remuneration in the amount of _____________ rubles. for the use of the work in each way established by this agreement, if used in the appropriate way. In this case, the maximum circulation when publishing or otherwise reproducing a work is ___________ copies.

3.2. The remuneration is paid to the Author-compiler as payments for the use of the work are received by the User no later than __________ from the date of receipt of payments. Form of payment (cash or transfer Money at the expense of the Author-compiler) is determined additionally by the parties.

4. CONTROL OVER THE USE OF THE WORK

a) exercise control over the User’s accounting documents containing information on calculations for the use of the work specified in clause 1.2 of this agreement;

b) get acquainted with other documents related to the use of the work.

4.2. The user is obliged:

b) as payments are received for the use of the rights granted to him, report to the Author-compiler on the volume of sales in the manner and within the time limits established in the additional agreement to this agreement.

5. RESPONSIBILITY OF THE PARTIES

5.1. The Party that has not fulfilled its obligations under the contract is obliged to compensate the other Party for the losses caused to it.

5.2. For violation of non-licensed and inalienable rights, the User shall pay the Author-compiler a penalty in the amount of _____________________.

5.3. The amount of compensation for losses and contractual penalties that one of the Parties may claim due to various violations of the contract must not in total exceed the amount payable under Section 3 of this agreement.

5.4. In the event of a significant violation by the User of the obligation to pay the Author-compiler remuneration for the provision of a license within the established period, the Author-compiler may unilaterally refuse this agreement and demand compensation for losses caused by its termination.

The contract is terminated upon expiration of thirty days from the date of receipt of notice of cancellation of the contract, if within this period the User has not fulfilled the obligation to pay remuneration.

5.5. Use of the work in a manner not provided for by this agreement, either upon termination of the agreement, or otherwise outside the scope of the rights granted to the User under this agreement, entails liability for violation of the exclusive right to the work established by the Civil Code of the Russian Federation or other laws.

6. PRIVACY

6.1. The terms of this agreement and additional agreements to it are confidential and are not subject to disclosure.

6.2. The obligations of the Parties to maintain confidentiality remain in force even after the expiration of this agreement or its early termination for the next __________ years.

7. DISPUTE RESOLUTION

7.1. All disputes and disagreements that may arise between the parties on issues that are not resolved in the text of this agreement will be resolved through negotiations on the basis of the current legislation of the Russian Federation.

7.2. If controversial issues are not resolved during negotiations, disputes are resolved in court in the manner established by the current legislation of the Russian Federation.

8. TERM OF THE AGREEMENT

8.1. This agreement is valid from the date of its signing by the parties and for the period specified in clause 2.4 of this agreement.

9. TERMINATION OF THE AGREEMENT

9.1. The parties have the right to terminate this agreement early by mutual written agreement.

10. ADDITIONAL TERMS AND CONDITIONS

10.1. In all other respects that are not provided for in this agreement, the parties will be guided by the current legislation of the Russian Federation.

10.2. Any changes and additions to this agreement are valid provided that they are made in writing and signed by the parties or duly authorized representatives of the parties.

10.3. All notices and communications under this agreement must be sent by the parties to each other in writing.

10.4. The agreement is drawn up in ______ copies having equal legal force, one for each party to this agreement.

11. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES