Information law. Copyright agreement (most important)

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Information law. Copyright agreement (most important)

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64. AUTHOR'S AGREEMENT

Copyright agreement is the main document on the basis of which the transfer of the right to use objects of copyright is carried out.

In this way, the author transfers the right to distribute his work, which becomes available to a wide range of people.

Objects of copyright и at the same time information law are the following works, which also apply to information objects:

▪ Literary works (including computer programs);

▪ dramatic and musical-dramatic works, screenplays;

▪ choreographic works and pantomimes;

▪ musical works with or without text;

▪ audiovisual works (films, television and video films, slide films, filmstrips and other film and television works);

▪ works of painting, sculpture, graphics, design, graphic stories, comics and other works of fine art;

▪ works of decorative, applied and scenographic art;

▪ works of architecture, urban planning and horticultural art;

▪ photographic works and works made in methods similar to photography;

▪ geographical, geological and other maps, plastic works related to geography and other sciences. other works.

The copyright agreement on the transfer of exclusive rights allows the use of the work in a certain way and within the limits established by the agreement only to the person to whom these rights are transferred, gives such person the right to prohibit such use of the work by other persons. Such a person from the standpoint of information law is the owner of the information (or the owner of the content).

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 have been transferred fails to protect this right.

The copyright agreement on the transfer of non-exclusive rights allows the user (the owner - in the terminology of information law) to use the work on an equal footing with the owner of exclusive rights who transferred such rights, and (or) other persons who have received permission to use this work in the same way.

Rights transferred under an author's agreement are considered non-exclusive, unless otherwise expressly provided in the agreement.

Copyright agreement should provide:

▪ 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;

▪ other conditions that the parties consider essential for this agreement.

The party that has not fulfilled or improperly fulfilled its obligations under the author's agreement is obliged to compensate for the losses caused to the other party, including lost profits. If the author has not submitted a commissioned work in accordance with the terms of the commission agreement, he is obliged to compensate for the actual damage caused to the customer. For violation of copyright and related rights, civil, criminal and administrative liability occurs in accordance with the legislation of the Russian Federation.

Author: Yakubenko N.O.

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