You will need
- - if you are planning to create the object of copyright is the ability to do so.
- In other cases:
- - the consent of the author or copyright holder on the disposal of copyright in your favor;
- licensing copyright contract;
- - the act of acceptance-transfer of object of copyright;
- - funds for the payment of remuneration to the right holder, except where copyright is handed over free of charge.
Instruction
1
If the object of the author's rights, be it a book, painting, audio clip, etc. that you created your work without the participation of outsiders, no additional steps to obtain the rights to it is not required. They automatically arise from the moment of creation. It only remains to ensure that no one took advantage of your creation without permission. This is especially true if you are trying to post the fruits of their work to the Internet.
The offender can be prosecuted through the courts, but this procedure deserves special consideration.
The offender can be prosecuted through the courts, but this procedure deserves special consideration.
2
A special case, if you create a masterpiece with someone's help, for example, writing a book like Ilf and Petrov, or the Strugatsky brothers. In the current legislation there are no restrictions requiring you to distribute authors' rights between the co-authors in different proportions. Then as agreed among themselves.
Option when one of the authors entirely cede their copyright rights to another, the law is not contrary, but this fact must be reflected in the agreement about collaboration. In any case, it is better to specify all the details and commit them to the agreement until the beginning of the work.
Option when one of the authors entirely cede their copyright rights to another, the law is not contrary, but this fact must be reflected in the agreement about collaboration. In any case, it is better to specify all the details and commit them to the agreement until the beginning of the work.
3
Situations where you need more rights in a work created by you, can be different. For example, you are a recognized expert in a particular field and want to publish a book about it. In this case to write it to you once, because enough other work that you and feeds not handy with a pen, or some other reason. In General, no literary assistant can not do.
Although an analogy with the well-known Soviet anecdotes "Small earth" "dear Leonid Ilyich", nothing criminal in this situation there is.First you need to find an assistant. And with him already to sign a copyright license agreement. He, incidentally, more useful to you than the helper. That, by and large, the main thing – to receive money for their services. But you will not hurt to be safe. The contract is a guarantee that such helpers can't you nothing to reproach.
Although an analogy with the well-known Soviet anecdotes "Small earth" "dear Leonid Ilyich", nothing criminal in this situation there is.First you need to find an assistant. And with him already to sign a copyright license agreement. He, incidentally, more useful to you than the helper. That, by and large, the main thing – to receive money for their services. But you will not hurt to be safe. The contract is a guarantee that such helpers can't you nothing to reproach.
4
Model copyright license agreement, you can easily find on the Internet. No one, however, does not prevent to get to be creative and modify the found sample.
The most important points: what rights are transferred (a full list can be found in part four of the RF Civil code), the duration (lifetime, for example, five, ten, twenty, etc. years), at what site (default - only in Russia, but it is possible to prescribe in the contract that worldwide) etc. Stipulate the timing of the work and the procedure of their revision, the order of payment alienated in your favor rights and other important conditions, for example, in some situations, it may be terminated.
Don't forget to put the date of conclusion of the contract and the place where it will be signed. Well, and sign it by both parties.
The most important points: what rights are transferred (a full list can be found in part four of the RF Civil code), the duration (lifetime, for example, five, ten, twenty, etc. years), at what site (default - only in Russia, but it is possible to prescribe in the contract that worldwide) etc. Stipulate the timing of the work and the procedure of their revision, the order of payment alienated in your favor rights and other important conditions, for example, in some situations, it may be terminated.
Don't forget to put the date of conclusion of the contract and the place where it will be signed. Well, and sign it by both parties.
5
The fact of transfer of objects of copyright rights of its owner to another person or organization is confirmed by the act of transfer and acceptance. It is necessary to reflect, how many, in what form (paper, digital media, email, etc.) in which the amount of transferred work. For example, if the object passed to CD, the instrument usually indicate the serial number.
It is desirable to specify in the act that the parties have no mutual claims.
The act necessarily sealed signatures of both parties.
From the moment of signing the copyright rights in a work is at your disposal until you give them to someone else or expire the term of their transfer.
It is desirable to specify in the act that the parties have no mutual claims.
The act necessarily sealed signatures of both parties.
From the moment of signing the copyright rights in a work is at your disposal until you give them to someone else or expire the term of their transfer.
Note
If the payment of remuneration to the author or another copyright holder - a physical person - you have to pay for it the tax to incomes of physical persons 13%, which is deducted from the agreement amount of compensation, and to do his social contributions - 34% of the amount in the contract. The amount of social contributions is not deducted from the remuneration and paid over to him.
If the right holder has the status of a legal person, it is possible that in addition to his remuneration will have to pay VAT.
If the right holder has the status of a legal person, it is possible that in addition to his remuneration will have to pay VAT.
Useful advice
In a copyright licensing agreement must indicate that the author undertakes to create a copyright on their own, without the involvement of third parties and organizations. Or ensures that nobody helped in the work if the work is already done. Write its right to terminate the contract and refund of previously paid compensation, if it turns out that this condition is violated.
If you are dealing with the sponsors, ask for a copy of the document (agreement about collaboration), confirming that all issues concerning the transfer of copyrights between them resolved.
When you purchase the copyright from the legal entity and individual entrepreneur will need confirmation that resolved all issues regarding the transfer of rights between him and the previous right holder.
If the author is an individual entrepreneur, he needs to make himself a contract in which, being a natural person - the author reports himself as -the individual entrepreneur all the rights to the work and the act confirming this transfer.
If you are dealing with the sponsors, ask for a copy of the document (agreement about collaboration), confirming that all issues concerning the transfer of copyrights between them resolved.
When you purchase the copyright from the legal entity and individual entrepreneur will need confirmation that resolved all issues regarding the transfer of rights between him and the previous right holder.
If the author is an individual entrepreneur, he needs to make himself a contract in which, being a natural person - the author reports himself as -the individual entrepreneur all the rights to the work and the act confirming this transfer.