Freelance Writer Agreement
Based on the title, the contract with the author is concluded directly with the individual whose creative work created or created the work. However, the subject of the contract with the author may differ significantly depending on the actual situation and agreement of the parties.
At a minimum, a copyright agreement, a licensing agreement or an alienation agreement may be concluded with the author. Below we have illustrated how to choose the appropriate form of contract.
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The author's contract is referred to as the 2008 author's order contract . The terminology has changed due to the abolition of the Law of the Russian Federation "On Copyright and Related Rights" and the entry into force of Part 4 of the Civil Code of the Russian Federation regulating copyright issues along with other intellectual property rights (intellectual property rights).
The contract of author's order, as the name implies, is concluded with the author to create the work in the future. It is equally applied to the development of software and other authors' works, when the author himself acts on the side of the performer, i.e. an individual whose creative work creates the result of intellectual activity.
The license agreement is concluded with the author when the work to be licensed was created earlier. Under such a contract, the copyright holder of the work remains the author in full, and the licensee is granted only the right to use it.
In this case, the license agreement is always for a certain period. In the absence of a contract with the term, the license shall be deemed to be issued for five years. The territory of use of the work may also be limited or extended. By default, the license is granted to the territory of Russia.
In addition, the licensing agreement must contain the object of licensing, methods of using the licensed object and the size of the license fee. In the absence of these conditions, the contract is not considered to be concluded.
The contract of alienation of rights is also executed in relation to the work existing at this moment. However, in contrast to the license agreement under the contract of alienation of the right to the result of intellectual activity is transferred forever and in full.
Therefore, the limitation of the term, territory and volumes (methods) of using the work under an alienation agreement is not allowed.
The essential condition of such a contract is an indication of the object of the rights and remuneration for the assignment of rights.
See also the article on the form of the copyright agreement .
At a minimum, a copyright agreement, a licensing agreement or an alienation agreement may be concluded with the author. Below we have illustrated how to choose the appropriate form of contract.
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Author's contract
The author's contract is referred to as the 2008 author's order contract . The terminology has changed due to the abolition of the Law of the Russian Federation "On Copyright and Related Rights" and the entry into force of Part 4 of the Civil Code of the Russian Federation regulating copyright issues along with other intellectual property rights (intellectual property rights).
The contract of author's order, as the name implies, is concluded with the author to create the work in the future. It is equally applied to the development of software and other authors' works, when the author himself acts on the side of the performer, i.e. an individual whose creative work creates the result of intellectual activity.
Licensing agreement with the author
The license agreement is concluded with the author when the work to be licensed was created earlier. Under such a contract, the copyright holder of the work remains the author in full, and the licensee is granted only the right to use it.
In this case, the license agreement is always for a certain period. In the absence of a contract with the term, the license shall be deemed to be issued for five years. The territory of use of the work may also be limited or extended. By default, the license is granted to the territory of Russia.
In addition, the licensing agreement must contain the object of licensing, methods of using the licensed object and the size of the license fee. In the absence of these conditions, the contract is not considered to be concluded.
Contract of alienation with the author
The contract of alienation of rights is also executed in relation to the work existing at this moment. However, in contrast to the license agreement under the contract of alienation of the right to the result of intellectual activity is transferred forever and in full.
Therefore, the limitation of the term, territory and volumes (methods) of using the work under an alienation agreement is not allowed.
The essential condition of such a contract is an indication of the object of the rights and remuneration for the assignment of rights.
See also the article on the form of the copyright agreement .
Source: https://habr.com/ru/post/291592/
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