Author's agreement with a group of authors sample. Contract time

1. Definitions

1.1. Work - _____________________________________________________

(description of the work of science, literature or art to be created on a tangible medium or in another form)

Hereinafter referred to as “work”.

1.2. Order - ___________________________________________________________.

(technical specifications or otherwise defined order parameters)

1.3. The material medium - the work is transferred to the Customer for ownership (or: for temporary use) on __________________________ __________________________________________________________________________. (parameters of the material carrier)

1.4. The work is transferred to the Customer on the premises Russian Federation by the address: ______________________________.

1.5. For the emergence, implementation and protection of copyrights, registration of a work or compliance with any other formalities is not required (or: For the emergence, implementation and protection of copyrights, registration of a work is required in the following order ___________________________________________________.)

1.6. The moment of transfer of the right to the work - the right of ownership (or: use) of the work passes from the Author to the Customer at the time of execution of the acceptance certificate (the Agreement may provide otherwise).

1.7. Documentation - description, drawings, draft notes related to the creation of the work and necessary for its use. Documentation is provided simultaneously with the work.

1.9. Technical means of copyright protection - _____________________ __________________________________________________________________________. (description of technologies, technical devices that control access to the work, prevent or limit the implementation of actions that are not authorized by the Author or Customer)

2. Subject of the Agreement

2.1. The Author undertakes, upon order of the Customer, to create a work on a tangible medium (or: in the form of _________________), and the Customer undertakes to pay the Author a remuneration in the amount and manner agreed upon by the parties (the agreement of the parties may provide otherwise).

2.3. The material carrier of the work is transferred to the Customer for ownership (or: for temporary use).

2.4. The exclusive right to the work is alienated by the Author to the Customer in full (or: the rights to use the work are granted by the Author to the Customer within the following limits: ___________________________________ ________________________________________________________________________________). (taking into account Articles 1229, 1270 of the Civil Code of the Russian Federation)

2.5. If the Author alienates the original work (manuscript, original work of painting, sculpture, etc.), the exclusive right to the work remains with the Author (another agreement may be provided by the parties).

2.6. Exclusive rights to computer programs and databases simultaneously created by the Author while working on the creation of the work belong to the Customer (another agreement may be provided by the parties).

3. Duration of the Agreement

3.2. In the event that the deadline for execution of the Agreement has arrived, the Author, if necessary and if there are valid reasons for completing the creation of the work, is given an additional grace period of ________ (at least one-fourth of the period established by clause 3.1 of the Agreement).

3.3. Upon expiration of the grace period provided to the Author in accordance with clause 3.2 of this Agreement, the Customer has the right to unilaterally withdraw from the Agreement by written notification to the Author.

3.4. The Customer also has the right to unilaterally cancel the Agreement by written notification to the Author immediately after the end of the period established by clause 3.1 of the Agreement, if the Agreement has not been fulfilled by this time, and it clearly follows from its terms that if the deadline for fulfilling the Agreement is violated, the Customer loses interest in the Agreement .

4. Responsibilities and rights of the parties

4.2. The Customer has the right to familiarize himself with the progress of the Author’s work on the work at any stage of its creation.

4.3. If during the creation of a work it becomes necessary to make any changes to the assignment (clause 1.2 of the Agreement) or to the terms of the Agreement, then such changes are formalized by written agreement of the parties.

4.4. The Customer, no later than ____ days from the moment of notification by the Author about the readiness of the work, undertakes to accept and review the work submitted by the Author.

4.5. After the Customer makes a decision on whether the work meets the requirements of the assignment, the parties draw up an acceptance certificate. In the event of a reasoned refusal of the Customer to sign the acceptance certificate, the parties to the Agreement draw up a bilateral act indicating the necessary modifications and the deadlines for their implementation.

4.6. In the event that the work is transferred by the Author to the Customer, and the exclusive right to the work has not been transferred to the Customer, he has the right, without the consent of the Author and without paying him remuneration, to display the original work acquired into ownership and reproduce it in exhibition catalogs and in publications dedicated to his collection, and also transfer the original of this work for display at exhibitions organized by other persons.

(Option for the work visual arts:

4.7. The author has the right to demand from the Customer the opportunity to exercise the right to reproduce his work (right of access). In this case, the Customer cannot be required to deliver the work to the Author.)

(Option for a work of architecture, urban planning or landscape art:

4.9. The author has the exclusive right to use his work, including through the development of documentation for construction and through the implementation of an architectural (urban planning or gardening) project. The project and construction documentation made on its basis can be reused only with the consent of the Author.

4.10. The author has the right to exercise author's control over the development of construction documentation and the right of author's supervision over the construction of a building (or structure) or other implementation of the corresponding project in the manner of author's control and author's supervision established by the federal executive body for architecture and urban planning.

5. Author's remuneration and payment procedure

5.2. The remuneration is paid in the following order (select the one you need):

the rest of the remuneration is due to be paid within ________ days from the date of ___________________________________________________________________. (signing the acceptance certificate, completing the installation of the work, etc.)

the rest of the remuneration is payable within ______ days from the date of transfer (of the rights to) the work(s) to the Customer.

5.3. Payment is made by transfer to the account specified by the Author in the details (or: issuance through the Customer's cash desk).

5.4. For each public resale of a work in which a fine art gallery, art salon, store or other similar organization participates as a seller, buyer or intermediary, the Author has the right to receive from the Customer or another subsequent seller a remuneration in the amount of ____ percent of deductions from the resale price. )

6. Responsibility of the parties

6.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the parties are liable in accordance with current legislation.

6.3. In case of non-fulfillment or improper fulfillment of the Agreement. The Author is obliged to return the advance payment to the Customer, as well as pay him a penalty in the amount of ________ (______________) rubles. In this case, the total amount of these payments is limited to the amount of actual damage caused to the Customer.)

6.4. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances. Force majeure means circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures.

Emergency circumstances include: flood, fire, earthquake or other natural phenomena, as well as wars, hostilities, acts or actions government agencies and any other circumstances beyond the reasonable control of the parties.

7. Ensuring confidentiality

7.1. The Customer guarantees confidentiality regarding the contents of the Agreement. The Customer takes all necessary measures to prevent disclosure of the Agreement, work and documentation without the written consent of the Author.

Obligations to maintain confidentiality also lie with the Author.

7.2. The parties are also responsible for violations of confidentiality by individuals and legal entities with whom legal relations have already been terminated.

7.3. If the Customer discloses information contained in the work and documentation, he shall compensate the Author for direct losses incurred in connection with this. The Author bears the same responsibility.

7.4. Obligations to maintain confidentiality remain in force even after the expiration of this Agreement or its early termination for subsequent _____________ years.

8. Protection of the granted rights to the work

8.1. If, after concluding the Agreement, any third party challenges the Author’s rights to the work, then the parties will immediately, after becoming aware of this, take joint actions to protect the Author’s rights, as well as take other measures related to the implementation of the Agreement.

8.2. If claims or lawsuits are brought against the Customer regarding violation of the rights of third parties in connection with the transferred (or: granted) rights under this Agreement, the Customer will notify the Author. The Customer, in agreement with the Author, undertakes to settle such claims or provide judicial protection in the ways provided for in Art. Art. 1250, 1252, 1253 of the Civil Code of the Russian Federation. Costs and losses incurred by the Customer as a result of the settlement of these claims or the end of litigation will be distributed between the parties as agreed.

8.3. In cases of violation of the exclusive right to a work, the Author or Customer, along with the use of other applicable methods of protection and liability measures established by Art. Art. 1250, 1252 and 1253 of the Civil Code of the Russian Federation, has the right in accordance with paragraph 3 of Art. 1252 of the Civil Code of the Russian Federation, at your choice, demand from the violator payment of compensation instead of compensation for losses:

in an amount from ten thousand rubles to five million rubles, determined at the discretion of the court;

in double the cost of copies of the work or in double the cost of the right to use the work, determined on the basis of the price that, under comparable circumstances, is usually charged for the lawful use of the work.

9. Dispute resolution

9.1. In the event of disputes arising between the Author and the Customer on issues provided for in this Agreement or in connection with it, the parties take all measures to resolve them through negotiations.

9.2. If it is impossible to resolve these disputes through negotiations, they must be resolved in court.

10. Duration of the Agreement. Conditions for its execution and termination

10.1. The agreement comes into force and becomes binding on the parties from the moment of its conclusion.

- _________________________________;

- _________________________________.

10.3. The obligation to provide the work may be terminated by the Author unilaterally in the event of liquidation of the Customer.

(Option when granting rights to a work:

10.4. The agreement is valid for ________ years from the date of conclusion.

10.5. In case of termination of the exclusive right, the license agreement is terminated.)

10.6. The expiration of the Agreement does not relieve the parties from liability for its violation.

11. Other conditions

11.1. The legislation of the Russian Federation applies to the relations of the parties on those issues that are not regulated or not fully regulated by the Agreement.

11.2. All changes and additions to this Agreement must be made in writing.

11.3. This Agreement is made in two copies - one copy for each party, and both texts are equally valid.

12. Addresses and details of the parties

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 the current legislation of the 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:

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
______________________

"____"_____________ G.

“Institution”, hereinafter referred to as the “Creative Center” represented by director Petrov Petrovich, acting on the basis of the Charter, on the one hand, and citizen Ivanov Ivan Ivanovich, passport ____________ issued by ___________________________, registered at the address: _______________________________, hereinafter referred to as “Author”, on the other hand, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. The author undertakes to create and transfer to the Creative Center for public performance on a (non)exclusive basis his Work (scenography, costumes), consisting of two acts, when showing the play “The Baker” based on the play by M. Senkovsky on the territory of the Russian Federation for the duration of the performance.

2. Procedure for accepting the Work. Staging and public performance of the Work

2.1. The Creative Center is obliged to review the Work submitted by the Author within ___________ days from the moment of its receipt at the Creative Center and inform the Author in writing about the acceptance of the Work for production, or about the need to make amendments and changes to it, or about the rejection of the Work for reasons related to its artistic merit or non-compliance with the conditions of clause 1.2. actual agreement.

2.2. For consideration of the Work submitted by the Author after making corrections, the Creative Center is given a period of _______ days.
If a written notice of rejection of the work or amendments is not sent to the Author within the deadlines specified above, the Work is considered accepted by the Creative Center.
The period required by the Author to make amendments and changes is additionally agreed upon by the Parties in writing.

2.3. The Creative Center undertakes to carry out the first production of the accepted Work no later than ____________ 2018 and to carry out a public performance of the Work in a play for _____ years.

3. Royalty. Procedure for payment of royalties

3.1. For the creation of a Work in a performance, the Creative Center pays the Author a one-time remuneration ____________________.
3.2. For the public performance of the Work in a performance, the Author is paid a remuneration of 5% percent of the gross receipts received from the sale of tickets for each performance, both on the territory of the Russian Federation and outside the territory of the Russian Federation, through the Russian Authors' Society (RAO).
In countries where there are no copyright societies or where RAO does not have agreements on mutual representation of interests regarding the rights of authors, the amount of royalties, the procedure for calculating and paying them must be established in a separate agreement with the Author before the start of the Creative Center tour.

4. Author's rights

4.1. The Creative Center undertakes to indicate the name of the Author on posters and programs for the performance, as well as in all promotional materials for the performance.

4.2. The Creative Center undertakes to send copies of promotional materials to the Author.

4.3. The Creative Center undertakes not to make any changes or amendments to the Work without the consent of the Author. Any changes and amendments made to the Work by the Creative Center without the consent of the Author give the latter the right to terminate this agreement unilaterally. In this case, the Creative Center is deprived of the right to publicly perform the Work.

4.4. The Creative Center undertakes not to permit audio and/or video recording without the written consent of the Author, except when this is done for informational purposes in an amount of no more than _____ minutes.

5. Duration of the contract. Termination of the agreement

5.1. This agreement comes into force on ______________ 2018 and is valid until ____________________.

5.2. This agreement may be terminated by agreement of the parties before its expiration. In this case, the party initiating the termination must notify the other party in writing of the termination of the contract no later than 30 (thirty) days before the date from which the contract is subject to termination.

5.3. This agreement can be terminated unilaterally in the event of failure of one of the parties to fulfill its obligations, as well as in the cases provided for in clause 2.3, clause 4.3, clause 4.5 of this agreement. If the production of the Work accepted by the Creative Center is not carried out within the stipulated period, the author has the right to receive royalties for the creation of the Work in full.

5.4. After the termination of this agreement in connection with its termination, the provisions provided for in clause 3.1. of this agreement remain in force until the obligations stipulated by this agreement are fulfilled.

5.5. Termination of this agreement due to its expiration or in connection with its termination deprives the Creative Center of the right to publicly perform the Work.

6. Other conditions

6.1. Conditions not regulated by this agreement, but related to its subject matter, are regulated in accordance with the current legislation of the Russian Federation.

6.2 All changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties.

6.3. This agreement is drawn up and signed in two copies, one for each of the parties.

7. Addresses and details of the parties

"CREATIVE CENTER"
"Institution No. 1"
Legal address__________________
Tel._______________
Taxpayer Identification Number ____________ Checkpoint _____________
Banking details of the Creative Center:
r/s ________________
Bank_______________
BIC ______________

P.P. Petrov

"AUTHOR"
FULL NAME. Ivanov Ivan Ivanovich,
passport ____________________
issued by _____________________,
registered at:
_______________________
Taxpayer Identification Number __________________
Tel. ____________________
Insurance registration number: _________________
Date of Birth: __________________

I.I.Ivanov

People who have dedicated their lives to creativity or intellectual activity are inevitably faced with the need to protect their copyright interests when forming a task and, subsequently, when transferring finished work to the customer.

The nuances of such a transaction between the master and the buyer are fixed in the author's order agreement. Such an agreement, being, in fact, a type of copyright agreement, has peculiar features.

Adjustable this type agreement “Law of the Russian Federation on Copyright and Related Rights”, the most significant provisions and subtleties are spelled out in Chapter 70 of the Civil Code of the Russian Federation, Art. 1288-1290.

Essential terms of the author's order agreement

The main feature of these legal relations is that at the time of their registration the author's product has not yet been created. Therefore, it is so important to indicate all the details in the description, terms and conditions of work. The primary terms of the agreement are reflected in the following paragraphs:

Subject of the agreement. It is important to characterize the properties and parameters of the future work as accurately and in detail as possible.

Terms of order execution and validity of agreements. It is possible to link the completion of work to a specific date or a specific event, and also stipulate the time for possible improvements and corrections.

Determination of the amount and procedure for payment of remuneration. The author and the customer evaluate and record total cost labor, the amount and moment of payment of the advance, the timing of the final payment, as well as the conditions under which refusal of payment, return of the advance and payment of a penalty are possible.

It is possible to agree that the work or part of it will be free of charge.

Registration is made in writing. An oral agreement is possible only in the field of periodicals due to the urgency and specificity of the material.

Parties to the copyright contract

Co-authorship is possible, but only with the agreement of the purchaser. The customer can be an individual or legal entity. In the second case, the document is certified by the head or representative of the organization by proxy.

The agreement specifies the obligations and rights of the participants. It is important for the contractor to accurately assess the limits of the exclusive right that he assigns to the customer. The latter needs to determine and capture all the wishes for the future creation, the timing and stages of implementation.

Taxation under a copyright contract

Income from custom work is subject to the collection of taxes and insurance premiums. The usual personal income tax, as is known, is 13% for residents and 30% for foreigners. There are two tax options:

• If the customer is an individual, then tax payments must be made by the executor;
• If the role of the acquirer is performed by an organization or individual entrepreneur, then it is the legal entity that is responsible for taxes and contributions.

While working on a task, the master may incur expenses for the purchase of equipment or materials. If the expenses are documented, then an application for a professional tax deduction is submitted to the tax agent or customer.

If there are no documents confirming expenses, then the deduction is made within the limits of current standards.

Copyright contract with alienation of exclusive rights

The agreement under consideration may stipulate three options for obligations:

• By purchasing a work, the customer is not granted any significant rights to it;
• The contractor creates a creation and transfers to the customer the right to use it under the conditions provided for in the agreement, in which case it must act in accordance with the Code of Copyright Licensing Agreement;
• The author cedes unlimited rights to his work to the second participant; accordingly, the rules of the Code on the alienation of exclusive rights become relevant.

In the third case, the document must meet the following requirements:

• Registration only in writing;
• If the contract is paid, the amount of remuneration must be indicated;
• Alienation cannot occur before the creation of the work itself;
• Exclusive right to a product of intellectual and creative activity is provided in full.

If the work is intended to be transferred under a deed, then alienation occurs when the transfer acceptance certificate is signed.

Software development

Software includes computer programs and various databases. Software development is also a subject of intellectual activity, but the performer is often a legal entity or a team of performers.

This type of activity has its own specifics, and when preparing documentation, the following features must be taken into account:

A detailed technical specification must be attached. When performing complex and long-term work, the terms of the technical specifications may lose their relevance, therefore it is important to provide a procedure for revising the technical specifications.

Intermediate stages can be approved, each of which is accepted and approved by the customer.

The cost of work can be calculated on an hourly basis. The exclusive right to the software is initially assigned to the customer, as specified in Art. 1296 of the Civil Code of the Russian Federation.

Author's order agreement with the artist

By agreement with the artists, as a rule, the original work is created unique and is not replicated. These can be products of decorative and applied arts, sculptures, graphics, paintings, creation of scenery and interior design. The commissioned nature of the task does not deprive the artist of authorship.

During the creative process, the artist has the right to fulfill only those requirements that are specified in the agreement and do not contradict the law. Additionally, he has the right to endow his works with individual characteristics not provided for by the contract.

The act of accepting the transfer of a work under an author's order agreement

The final stage of the relationship between the creator and the buyer is the act of acceptance of the transfer of the work, which is signed by the parties. In fact, the signing of this document is the final stage of legal relations and recognition of the result of the work as meeting all requirements.

Sample contract for author's order

The document must specify all points regarding the subject of the contract, the amount and methods of payment, the powers and responsibilities of the parties, as well as options for resolving conflict situations. So as not to miss important points, you can use the attached sample as a basis for the document.