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Copyright transfer agreement

It is possible to transfer property rights under copyright agreements after registration of authorship or without it. Non-property is not transferred. Contracts can imply alienation (full transfer) and licensing (transfer for use).

The transfer of intellectual property rights has specific features taking into account the following points:

  • The type of the transmitted object.
  • The nature of the relationship (complete transfer; single, exclusive, or non-exclusive license).
  • Features of the legislation of the country where the transaction is carried out.

It is most reasonable to carry out the transfer of rights under an agreement with state registration. Especially if commercial use of the facility is planned. The process will take 2-2.5 months, for specific countries the terms are different. It will look like this:

  • Checking whether the rights belong to the person who is going to transfer them.
  • Drawing up an agreement specifying the terms of use, the type of license, the amount and procedure for payments, etc.
  • Submission of documents to the responsible body, payment of the publication fee.

Such agreements must be approached scrupulously and carefully prescribe the conditions for protecting copyright interests. It is better not to conclude them without lawyers at all. SION’s patent law firm specialists have extensive experience in working with copyright agreements.

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    Agreements on the alienation of rights to works, as well as licensed ones, are not subject to mandatory state registration in our country. However, it is highly recommended to register them in order to avoid incidents, disputes, litigation and other unpleasant moments in the future. The copy of the agreement, which is transferred to IP office, will be a control one, they will prevent the possibility of manipulating the text of the document.

    The transfer of rights to a song, music, samples may imply such possibilities: playback, arrangement or processing into remixes, use in other ways. The author allows the other party to the transaction to use the work only in the ways specified in the text of the document, and not otherwise.

    Often, musical works are created by several authors: a composer, a poet and an arranger. All of them are co-authors, you need to conclude an agreement with all of them. We will help you legally competently formalize the transfer of rights under the law – so that the interests of the creators are maximally protected.

    Agreement on the alienation of the exclusive right to the site

    According to Ukrainian law, sites are classified as copyrighted works. They are structurally complex objects that are not a single whole. It includes a domain name, content and design, program code. The rights to each component are protected. The assignment of ownership of Internet resources must be made in writing.

    Often, a transfer agreement for websites is concluded between a group of specialists who create an object to order and the customer. The task of the latter is to become the copyright holder after the completion of the work. Sometimes off-the-shelf resources, blogs, or online stores go from one owner-entrepreneur to another.

    The assignment agreement will imply the transfer of all components of the site and domain. On paper, you must clearly list the parts to be transferred, otherwise difficulties may arise in the future. It is necessary to determine which rights are transferred, indicating the period. The transfer of access keys is registered, the issue of hosting is resolved, an act of acceptance and transfer is drawn up.

    Our specialists work well with complex objects such as websites. Thanks to their experience, they take into account all the significant points that can affect the further use of the resource. We will make sure that each of its components is completely alienated and according to the rules.

    Pictures, images, illustrations are subject to protection as intellectual property – both in reality and on the Internet. You can use them in any form only with the permission of the author, and generally cannot be changed or reworked.

    Contracts with authors-illustrators are often concluded by customers of works. They can ask for an exclusive or non-exclusive assignment. The license agreement for the use of photographs or drawings does not imply a transfer of exclusive rights. To use does not mean to receive undivided possession. And alienation implies full property assignment.

    In the agreements that relate to illustrations, it is necessary to clearly spell out the transfer of the necessary rights. It is necessary to make a description of what is transmitted, indicating the scope of use (advertising, book illustration, etc.). SION lawyers help you to draw up a contract correctly, listing all the subtleties.

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      Authorship of a logo (just like a song or a picture) arises from the moment of creation. And they act regardless of whether they were registered or not. Therefore, when a customer orders a logo from a designer, he must arrange the assignment using an agreement. This is especially important if the logo will later be used when registering a trademark.

      Sometimes, for various reasons, already legally registered brand attributes are put into operation. In this case, it makes sense a license agreement, or a letter of permission. The latter is a convenient option when you need to ask consent to place someone else’s logo on your website or online store. The letter is drawn up in a certain way.

      Our experts help you to competently draw up documents on the transfer of intellectual property. We work not only with standard agreements, but with the transfer of rights to software and other demanded objects. We:

      • advise on options for the transfer of property rights, payment of remuneration;
      • develop a contract or a letter of permission listing all essential and auxiliary conditions;
      • conduct a legal examination of existing or proposed agreements for compliance with the law.
      • prepare documents and accompany the registration of copyright agreements in the relevant department of Ukraine or another country.

      For detailed information and to calculate the cost of cooperation, please mail by us: info@sion-ip.com.

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