Author

At its core publishing agreement the order – a contract for services, a feature which is the fulfillment of a special kind of works – intellectual, and the resultant outcome of these works – the result of intellectual activity – product. The author's contract after this time can only be made c natural person – the author. Under the contract, one party (the author) is obligated to order the other party (the customer) to establish the contracted work of science, literature or art in a tangible medium, or in another form. Material support of the product delivered to the customer in the property, if the parties' agreement does not provide for its transfer to the customer at the time use. In this case, a material carrier is understood the manuscript, painting, sculpture or other thing, which is embodied product. Work may be inextricably with the material carrier, so the law addressed the question of ownership of such a thing. Under a different (also material) form a work means, above all, his electronic record. In this case, the product can coexist on the different media (in computer memory, diskette, CD-ROM, etc.) and can be delivered to the customer on any of them either via the Internet. In this regard, the question of ownership of media work created in a similar form, is not significant, although the condition for the product the customer is in one form or another in the contract should specify. Features of the contract copyright order determined by the fact that he is in respect of work which does not yet exist and will be created only in the long term. Therefore, when drawing up the contract copyright order along with the condition of the subject matter of the contract – due to the creation of works of science, literature or art – is stipulated as essential for the contract copyright order, the condition of the surrender of the product to the customer. Agreement, which does not provide and can not define the term his performance is not considered to be concluded. The contract of copyright reservation along with conditions relating to the establishment due to the works and life of its delivery to the customer, should reflect and conditions for further use the created works. To this end the contract copyright order may provide the customer the right to use this product within the contractual limits or provide for the alienation of customer exclusive rights to the product created by the author. Accordingly to such a contract shall apply any provision of the Civil Code of the alienation of the exclusive right or provision of the license agreements. Drafting calibrated contract copyright order to detail the conditions described will help to avoid misunderstandings between partners, to protect intellectual property rights and other legitimate interests in the event of violations.