publishing agreement
- An agreement between the author (s) and user (citizen or legal entity), pursuant to which the author sends the user to their property rights associated with the product. For AD, the general rules of civil obligations and contracts, as well as the general terms of sale.
Parties of AD are the author and the user.
AD is divided into:
1) the transfer of exclusive rights treaties;
2) the transfer of non-exclusive rights contracts.
The subject of AD can be either exclusive copyright - the absolute right or a non-exclusive copyright is the relative (a liability) law.
It may not be subject to the right to use the work, unknown to
the time of conclusion of the contract, as well as the use of works that the author may create in the future.
In this exclusive copyright gives you the opportunity to protect this right against any third party, and non-exclusive copyright allows claims only to the contractual partner.
AD should include: how to use the work (specific rights transferred under the contract); period and the territory for which the right is transferred; remuneration and (or) the procedure for determining the amount of remuneration for each mode of exploitation of the work, procedure and terms of payment and other conditions that the parties may consider essential for the contract.
Remuneration is determined by AD as a percentage of revenue for the appropriate way to use the product, or as a fixed amount in the contract, or otherwise.
The rights transferred by AD may be transferred in whole or in part to other persons only if it is directly provided by the contract.
AD must be made in writing, and the use of works in the periodical press may be concluded orally.
Under the form of a written contract may be understood the exchange of letters, fax and other written documents,
containing the essential conditions of an author's contract.
Upon the sale of computer programs and copies of the databases and providing extensive access to them is allowed to use a special procedure for the conclusion of contracts.
In a separate species also singles out etsya AD order, in which the author undertakes to create a work in accordance with the terms of the contract and send it to the customer.
The customer shall be bound to pay the remuneration due to contract the author an advance. The size, order and terms of payment of the advance shall be established in the contract by mutual agreement.
The party has not performed or improperly performed obligations under the AD, is obliged to compensate the losses caused to the other party, including lost profits.
If the author has not registered the product in accordance with the terms of the order contract, he is obliged to compensate the real damage caused to the customer.
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