1. Definitions
1.1. Work - _____________________________________________________
(description of the work of science, literature or art to be created on a tangible medium or in another form)
Hereinafter referred to as the "work".
1.2. Order - ___________________________________________________________.
(terms of reference or otherwise defined order parameters)
1.3. Material carrier - the work is transferred to the Customer in ownership (or: for temporary use) on __________________________ __________________________________________________________________________. (material carrier parameters)
1.4. The work is handed over to the Customer on the territory Russian Federation by the address: ______________________________.
1.5. Registration of a work or compliance with any other formalities is not required for the emergence, exercise and protection of copyright (or: For the occurrence, exercise and protection of copyright, registration of a work is required in the following order
1.6. The moment of transfer of the right to the work - the right of ownership (or: use) of the work passes from the Author to the Customer at the time of execution of the acceptance certificate (the Agreement may provide otherwise).
1.7. Documentation - description, drawings, draft notes related to the creation of a work and necessary for its use. Documentation is provided along with the work.
1.9. Technical means copyright protection - _____________________ ________________________________________________________________________. (description of technologies, technical devices that control access to the work, prevent or restrict the implementation of actions that are not permitted by the Author or the Customer)
2. Subject of the Agreement
2.1. The Author undertakes, at the request of the Customer, to create a work on a material medium (or: in the form of _________________), and the Customer undertakes to pay the Author a fee in the amount and in the manner agreed by the parties (an agreement of the parties may provide otherwise).
2.3. The material carrier of the work is transferred to the Customer in the ownership (or: for temporary use).
2.4. The exclusive right to the work is alienated by the Author to the Customer in full (or: the rights to use the work are granted by the Author to the Customer within the following limits: ___________________________________ _______________________________________________________________________________). (taking into account Articles 1229, 1270 of the Civil Code of the Russian Federation)
2.5. When the Author alienates the original work (manuscript, original painting, sculpture, etc.), the exclusive right to the work remains with the Author (an agreement of the parties may provide otherwise).
2.6. Exclusive rights to computer programs and databases created by the Author along the way while working on the creation of the work belong to the Customer (otherwise may be provided by agreement of the parties).
3. Term of performance of the Agreement
3.2. In the event that the deadline for the performance of the Agreement has come, the Author, if necessary and if there are good reasons for completing the creation of the work, is provided with an additional grace period of ________ duration (at least one fourth of the period established by clause 3.1 of the Agreement).
3.3. Upon the expiration of the grace period granted to the Author in accordance with paragraph 3.2 of this Agreement, the Customer has the right to unilaterally withdraw from the Agreement by written notice to the Author.
3.4. The Customer also has the right to terminate the Agreement unilaterally by notifying the Author in writing immediately after the expiration of the period established by clause 3.1 of the Agreement, if the Agreement has not been executed by that time, and from its terms it clearly follows that in case of violation of the deadline for the execution of the Agreement, the Customer loses interest in the Agreement .
4. Obligations and rights of the parties
4.2. The customer has the right to get acquainted with the progress of the Author's work on the work at any stage of its creation.
4.3. If during the creation of the work there is a need to make any changes to the task (clause 1.2 of the Agreement) or to the terms of the Agreement, then such changes are formalized by a written agreement of the parties.
4.4. The Customer, no later than ____ days from the date of notification by the Author of the readiness of the work, undertakes to accept and consider the work submitted by the Author.
4.5. After the Customer makes a decision on the compliance of the work with the requirements of the task, the parties draw up an acceptance certificate. In the event of a reasoned refusal by the Customer to sign the acceptance certificate, the parties to the Agreement draw up a bilateral act indicating the necessary improvements and the deadlines for their implementation.
4.6. In the event that the work was transferred by the Author to the Customer, and the exclusive right to the work was not transferred to the Customer, he has the right, without the consent of the Author and without payment of remuneration to him, to demonstrate the original of the work acquired in his ownership and reproduce it in exhibition catalogs and in publications dedicated to his collection, and also transfer the original of this work for display at exhibitions organized by other persons.
(Option for the work visual arts:
4.7. The author has the right to require the Customer to provide the opportunity to exercise the right to reproduce his work (the right of access). In this case, the Customer cannot be required to deliver the work to the Author.)
(Option for a work of architecture, urban planning or gardening art:
4.9. The author has the exclusive right to use his work, including by developing documentation for construction and by implementing an architectural (urban planning or landscape gardening) project. The project and the documentation for construction made on its basis can be reused only with the consent of the Author.
4.10. The author has the right to exercise author's control over the development of documentation for construction and the right of author's supervision over the construction of a building (or structure) or other implementation of the relevant project in the manner of implementation copyright control and architectural supervision, established by the federal executive body for architecture and urban planning.
5. Author's remuneration and payment procedure
5.2. Remuneration is paid in the following order (select one):
the rest of the remuneration is payable within ________ days from the date of _________________________________________________________________. (signing the acceptance certificate, finishing the installation of the work, etc.)
the rest of the remuneration is payable within ______ days from the date of transfer (of the rights to) the work(s) to the Customer.
5.3. Payment is made by transfer to the account specified by the Author in the details (or: by issuing through the Customer's cash desk).
5.4. In every public resale of a work in which an art gallery participates as a seller, buyer or intermediary, art salon, store or other similar organization, the Author is entitled to receive from the Customer or other subsequent seller a fee in the amount of ____ percent of deductions from the resale price.)
6. Liability of the parties
6.1. For non-performance or improper performance of their obligations under this Agreement, the parties are liable in accordance with applicable law.
6.3. In case of non-performance or improper performance of the Agreement. The author is obliged to return the advance payment to the Customer, as well as pay him a penalty in the amount of ________ (______________) rubles. Wherein overall size of these payments is limited to the amount of actual damage caused to the Customer.)
6.4. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement, if this failure was the result of force majeure circumstances. Force majeure means circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the parties could neither foresee nor prevent by reasonable measures.
Extraordinary circumstances include: flood, fire, earthquake or other natural phenomena, as well as wars, hostilities, acts or actions government agencies and any other circumstances beyond the reasonable control of the parties.
7. Ensuring privacy
7.1. The Customer guarantees confidentiality regarding the content of the Agreement. The Customer takes all necessary measures to prevent the disclosure of the Agreement, works and documentation without the written consent of the Author.
The obligation to maintain confidentiality also lies with the Author.
7.2. The parties are also responsible for violation of confidentiality by individuals and legal entities, legal relations which have already been discontinued.
7.3. In the event that the Customer discloses the information contained in the work and documentation, he shall reimburse the Author for direct losses incurred in connection with this. The Author bears the same responsibility.
7.4. Obligations to maintain confidentiality remain in force after the expiration of this Agreement or its early termination for the next ______ years.
8. Protection of the granted rights to the work
8.1. If, after the conclusion of the Agreement, any third party disputes the rights of the Author to the work, the parties will immediately, after they become aware of this, take joint actions to protect the rights of the Author, as well as take other measures related to the implementation of the Agreement.
8.2. In the event that claims or lawsuits are brought against the Customer regarding the violation of the rights of third parties in connection with the transferred (or: granted) rights under this Agreement, the Customer will notify the Author about this. The Customer, in agreement with the Author, undertakes to settle such claims or provide judicial protection in the ways provided for in Art. Art. 1250, 1252, 1253 of the Civil Code of the Russian Federation. The costs and losses incurred by the Customer as a result of the settlement of these claims or the end of litigation will be distributed between the parties as agreed.
8.3. In cases of violation of the exclusive right to a work, the Author or the Customer, along with the use of other applicable methods of protection and liability measures established by Art. Art. 1250, 1252 and 1253 of the Civil Code of the Russian Federation, is entitled in accordance with paragraph 3 of Art. 1252 of the Civil Code of the Russian Federation to demand, at his choice, from the violator, instead of compensation for losses, payment of compensation:
in the amount of ten thousand rubles to five million rubles, determined at the discretion of the court;
at twice the cost of copies of the work, or at twice the cost of the right to use the work, determined on the basis of the price that, under comparable circumstances, is usually charged for the legitimate use of the work.
9. Dispute Resolution
9.1. In the event of disputes between the Author and the Customer on issues provided for by this Agreement or in connection with it, the parties shall take all measures to resolve them through negotiations.
9.2. If it is impossible to resolve these disputes through negotiations, they must be resolved in court.
10. Duration of the Agreement. Conditions for its execution and termination
10.1. The contract comes into force and becomes binding on the parties from the moment of its conclusion.
- _________________________________;
- _________________________________.
10.3. The obligation to provide the work may be terminated by the Author unilaterally in the event of liquidation of the Customer.
(Option when granting rights to a work:
10.4. The contract is valid for ________ years from the date of conclusion.
10.5. In case of termination of the exclusive right, the license agreement is terminated.)
10.6. The expiration of the Agreement does not release the parties from liability for its violation.
11. Other terms
11.1. The relations of the parties on those issues that are not regulated or not fully regulated by the Agreement shall be subject to the legislation of the Russian Federation.
11.2. All changes and additions to this Agreement must be made in writing.
11.3. This Agreement is made in two copies - one copy for each party, and both texts are equally valid.
12. Addresses and details of the parties
Customer: Author: ________________________________ _______________________________ ________________________________ _______________________________ ________________________________ _______________________________ _______________/_______________/ ______________/_______________/ (signature) (full name) (signature) (full name) M.P. M.P.The first author can only be individual, whose creative work created a work of art, literature or science, as well as any other intellectual property. The author owns the whole complex of personal non-property rights and the exclusive right to any use of the work.
Copyright holders may be other persons who have received the exclusive right from the Author on the basis of an agreement or by virtue of law, for example: the author's heirs, employers, customers, if the author worked at their expense.
Conventionally, copyright can be divided into two interrelated groups: The first group - Personal non-property rights and property rights. The first group includes: being an Author and published under own name and publish the work.
The second group is the exclusive right to perform actions and use the work for profit or without profit, namely: reproduction and sale of copies of the work, public showings, performances, import of the original, reproduction of sound and video recordings, implementation of various projects (architecture, design) and any other actions in the media that do not contradict the law.
In accordance with Article 1281 of the Civil Code of the Russian Federation, the period of validity of the exclusive right is preserved throughout the life of the author and seventy years after his death, after this period the work is considered a national treasure.
According to Article 1259 of the Civil Code of the Russian Federation, works (parts of a work) of science, literature, art, regardless of the type of their purpose, dignity, as well as the method of expression, are objects of copyright. Works may be in writing oral, drawings, paintings, all kinds of records, dances, performances, geographically and topographic maps, computer programs, arrangements, collections, etc.
Official documents, information messages, works folk art cannot be subject to copyright.
Copyright is not associated with the material (material) carrier of the work. Without the consent of the Author, only quoting of the work is allowed with the obligatory indication of the Author. The remuneration, in this case, is not paid to the Author.
Registration of copyright for a work is optional, but desirable, since, in the case of plagiarism, it will be much easier for the Author to prove his original right. There is an organization that will keep the work in its depository in the original copy.
The other party to the contract is the user, which is usually entity e.g. publishing house, TV station.
By general rule the contract must be concluded in writing, an exception is made for contracts on the use of a work in the periodical press - these contracts can be concluded orally.
- provide for ways to use the work (specific rights transferred under this agreement);
- the term and territory for which the right is sold;
- the amount of remuneration and (or) the procedure for determining the amount of remuneration for each method of using the work, the procedure and terms for its payment;
- other conditions that the parties consider essential for this agreement.
The author's contract is concluded for a certain period, however, if the contract does not contain a term clause, then the contract may be terminated by the author after five years from the date of its conclusion, if the user is notified in writing six months before the termination of the contract.
Copyright agreements are divided into agreements on the transfer of exclusive rights and agreements on the transfer of non-exclusive rights. The rights transferred under an author's agreement are considered transferred on non-exclusive terms, unless otherwise expressly provided in the agreement. Thus, we can say that the non-exclusivity of the rights transferred under the copyright agreement is presumed.
There are also agreements on the use of an already created work and commission agreements. In the latter case, the contract is concluded for a work not yet finished, and the author assumes the obligation to create this work by a certain date.
Depending on the nature and method of use, publishing and production contracts are distinguished. In turn, the publishing agreement can be divided into a publishing agreement literary works, musical works, works of fine art, each of which has certain features. However, it should be noted that such a classification is not enshrined in legislation.
Allocate an order contract, according to which the author undertakes to create a work in accordance with the terms of the contract and transfer it to the other party (customer), and the customer undertakes to pay a fee. The contents of copyright agreements are the rights and obligations of the authors.
Saint Petersburg
Non-profit partnership "Publishing House on the Moika", hereinafter referred to as " publishing house", represented by the director Otvyaznova A.Z. acting on the basis of the charter, on the one hand, and Petrov Petr Petrovi h, hereinafter referred to as " Author”, on the other hand, have concluded the present agreement as follows:
1. Subject of the contract
1.1. The author submits to the Publishing House the article “ Protection of the rights and legitimate interests of investors” (hereinafter referred to as the Work), and also transfers to the Publishing House the exclusive copyright to use the Work within the limits stipulated by this agreement and for a period specified by the agreement, and the Publishing House pays the Author a fee for the transfer of the Work and the granting of exclusive rights to it.
Use in this agreement means the sale of the Work as a commodity or its other use in civil circulation within the limits provided for by the agreement.
2. Rights and obligations of the parties
2.3. The work is transferred in the form of a manuscript or an electronic version and is accepted by the Publishing House under the Acceptance and Transfer Certificate signed by both Parties.
From the moment of signing the specified act by the Parties, the rights to the Work specified in clause 2.4. are considered transferred to the Publisher.
a) distribute the Work in any way: sell, rent, and so on;
b) the right to publish the Work under the trade name, trade mark and trademark of the Publisher. Moreover, each copy of the Work must contain the name or pseudonym of the author in the following spelling: Petr Petrov;
c) the right to reproduce the Work (duplication, replication or other reproduction, i.e. repeatedly giving the work an objective form that allows its functional use) without limiting the circulation;
d) the right to distribute the Work in any way by selling the reproduced material carriers of the Work among end users (consumers performing functional use) without restrictions;
e) the right to process the Work (to create on its basis a new, creative independent work) (or making changes that do not constitute its processing);
f) the right to translate the Work;
g) the right to public use of the Work and its demonstration for informational, advertising and other purposes;
h) the right to assign on contractual terms a part of the rights received under this agreement to third parties;
i) the right to publish the Work, i.e. to communicate the Work in any form or by any means to an indefinite circle of persons. Information is not considered to be made public. a wide range persons about the purpose, functions, technical and other characteristics of the Work, for example, for advertising purposes.
2.5. Specified in clause 2.4 rights are transferred for the duration of the copyright to the created Work.
2.6. The effect of transferred exclusive copyrights is not limited by territorial limits.
2.8. For the transferred Work and the transfer of exclusive copyright to it, the Publishing House pays the Author a remuneration in a fixed amount.
2.9. The remuneration in a fixed amount is 5 rubles and is paid after the transfer of the Work to the Publisher. The specified remuneration is paid minus the personal income tax withheld by the Publishing House as a tax agent.
3. Responsibility of the parties
3.1. A party that has not performed or improperly performed its obligations under this agreement, as well as under the agreement on the transfer of exclusive copyrights, is obliged to compensate the other party for the losses caused by such non-performance. If the Party that violated the contract received income as a result of this, then the Party whose rights were violated has the right to demand compensation, along with other losses, for lost profits in an amount not less than such income.
3.2. In case of violation of the contract, the Party whose right has been violated is also entitled to demand recognition of the right, restoration of the situation that existed before the violation of the right, and termination of actions that violate the right or create a threat of its violation.
3.3. In cases not provided for by the contract, property liability is determined in accordance with the current legislation of the Russian Federation.
4. Confidentiality
4.1. The terms of this contract and assignments are confidential and not subject to disclosure.
5. Dispute Resolution
5.1. All disputes and disagreements that may arise between the parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations on the basis of current legislation.
5.2. In case of non-settling in the negotiation process contentious issues disputes are resolved in court in the manner prescribed by applicable law.
6. Contract time
6.1. This agreement comes into force from the moment of signing and is valid for the duration of the copyright to the work.
7. Termination of an agreement
7.1. The parties have the right to terminate the contract ahead of schedule by mutual written agreement.
7.2. The publisher has the right to terminate the contract unilaterally:
Upon termination of the contract for the specified reason, the Author is obliged to return the entire amount of remuneration received under the contract.
a) violation by the Publishing House of the obligation to pay remuneration to the Author;
8. Final provisions
8.1. In all other respects that are not provided for by the agreement, the parties are guided by the current legislation of the Russian Federation.
8.2. Any changes and additions to this agreement are valid, provided that they are made in writing and signed by the parties or duly authorized representatives of the parties.
8.3. All notices and communications must be in writing.
8.4. The Agreement is made in two copies, one of which is kept by the Author, the second by the Publishing House.
9. Addresses and payment details of the parties:
publishing house:
Signatures of the parties.
"____"_____________ G.
"Institution", hereinafter referred to as " creative center”represented by Director Petr Petrovich Petrov, acting on the basis of the Charter, on the one hand, and citizen Ivanov Ivan Ivanovich, passport ____________ issued by ___________________________, registered at the address: _______________________________ hereinafter referred to as the “Author”, on the other hand, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. The Author undertakes to create and transfer to the Creative Center for public performance on a (non)exclusive basis his Work (scenography, costumes), consisting of two acts, when showing the play "The Baker" based on the play by M. Senkovsky in the territory of the Russian Federation for the duration of the performance.
2. The procedure for accepting the Work. Staging and public performance of the Work
2.1. The Creative Center is obliged to consider the Work presented by the Author within ___________ days from the date of its receipt by the Creative Center and inform the Author in writing about the acceptance of the Work for staging, or about the need to make amendments and changes to it, or about the rejection of the Work for reasons related to its artistic merit or non-compliance with the conditions of clause 1.2. actual agreement.
2.2. For consideration of the Work submitted by the Author after making corrections, the Creative Center is given a period of _______ days.
If within the above terms the Author is not sent a written message about the rejection of the work or amendments, the Work is considered accepted by the Creative Center.
The period required by the Author to make amendments and changes is agreed by the Parties additionally in writing.
2.3. The Creative Center undertakes to perform the first staging of the accepted Work no later than ____________ 2018 and to carry out the public performance of the Work in a performance for ___ years.
3. Author's fee. The procedure for paying royalties
3.1. For the creation of the Work in the performance, the Creative Center pays the Author a one-time remuneration ____________________.
3.2. For the public performance of the Work in a performance, the Author is paid a remuneration of 5% percent of the gross collection received from the sale of tickets for each performance, both on the territory of the Russian Federation and outside the territory of the Russian Federation, through the Russian Authors' Society (RAO).
In countries where there are no copyright societies or RAO does not have agreements on mutual representation of interests on the rights of authors, the amount of royalties, the procedure for its calculation and payment must be established by a separate agreement with the Author prior to the start of the tour of the Creative Center.
4. Author's rights
4.1. The Creative Center undertakes to indicate the name of the Author on posters and programs for the performance, as well as in all promotional materials for the performance.
4.2. The Creative Center undertakes to send copies of promotional materials to the Author.
4.3. The Creative Center undertakes not to make any changes or amendments to the Work without the consent of the Author. Any changes and amendments made to the Work by the Creative Center without the consent of the Author give the latter the right to early terminate this agreement unilaterally. In this case, the Creative Center is deprived of the right to publicly perform the Work.
4.4. The Creative Center undertakes not to allow audio and / or video filming without the written consent of the Author, except when it is done for informational purposes in the amount of not more than ______ minutes.
5. Duration of the contract. Termination of the contract
5.1. This agreement comes into force on ______________ 2018 and is valid until ____________________.
5.2. This agreement may be terminated by agreement of the parties before its expiration. In this case, the party initiating the termination must notify the other party in writing of the termination of the contract no later than 30 (thirty) days before the date from which the contract is subject to termination.
5.3. This agreement may be terminated unilaterally in case of failure by one of the parties to fulfill its obligations, as well as in cases provided for in clauses 2.3, clause 4.3, clause 4.5 of this agreement. If the production of the Work accepted by the Creative Center is not carried out within the stipulated time, the author has the right to receive royalties for the creation of the Work in full.
5.4. After the termination of this agreement in connection with its termination, the provisions provided for in clause 3.1. of this agreement shall remain in force until the obligations under this agreement are fulfilled.
5.5. Termination of this agreement in connection with the expiration of its validity or in connection with its termination deprives the Creative Center of the right to publicly perform the Work.
6. Other terms
6.1. Conditions not regulated by this agreement, but related to its subject matter, are regulated in accordance with the current legislation of the Russian Federation.
6.2 All changes and additions to this agreement are valid only if they are made in writing and signed by authorized representatives of the parties.
6.3. This agreement is drawn up and signed in two copies, one for each of the parties.
7. Addresses and details of the parties
"CREATIVE CENTER"
"Institution No. 1"
Legal address__________________
Tel._______________
TIN ____________ KPP _____________
Bank details of the Creative Center:
r/s ________________
Bank_______________
BIC ______________
P.P. Petrov
"AUTHOR"
FULL NAME. Ivanov Ivan Ivanovich,
passport ____________________
issued by _____________________,
registered at:
_______________________
TIN __________________
Tel. ____________________
Insurance registration number: _________________
Date of Birth: __________________
I.I. Ivanov
AUTHOR'S ORDER AGREEMENT N ____
_______________ "___"__________ ____
Hereinafter referred to as ___ "Customer", represented by _________________________________, acting ___ on the basis of __________________, on the one hand, and ______, hereinafter referred to as ___ "Author", on the other hand, collectively referred to as "parties", have concluded this agreement as follows.
1. THE SUBJECT OF THE AGREEMENT
1.1. The Author undertakes to create ___________________, corresponding to the characteristics specified in clause 1.3 of this agreement (hereinafter referred to as the "Work"), and transfer to the Customer the exclusive copyright to use the Work within the limits stipulated by this agreement and for the period specified in the agreement, and the Customer for the creation of the Work and the provision exclusive rights to it undertakes to pay a fee to the Author.
1.2. Use in this agreement means the sale of the Work as a commodity or its other use in civil circulation within the limits provided for by the agreement.
1.3. Characteristics of the Work: ________________________________________________.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.3. The initial version of the Work is transferred in the form of ____________ and is accepted by the Customer under the acceptance certificate, which is signed by both parties.
The Customer undertakes to review the submitted version of the Work within __________ and notify the Author either of the approval of the work, or of the need to make amendments and improvements, indicating the required corrections.
Upon receipt of the Customer's instruction to make amendments and improvements, the Author undertakes to make the required corrections and re-submit the Work within the agreed timeframe.
Upon receipt of the Customer's approval, the parties draw up an act of acceptance and transfer of the Work. From the moment the parties sign the said act, the rights to the Work specified in clause 2.4 of this agreement are considered transferred to the Customer.
Moreover, each copy of the Work ________ (published anonymously, must contain the name or pseudonym of the Author in the following spelling: _________);
b) the right to publish the Work, i.e. to communicate the Work in any form or by any means to an indefinite circle of persons. Informing a wide range of people about the purpose, functions, technical and other characteristics of the Work, for example, for advertising purposes, is not considered disclosure;
c) the right to reproduce the Work (duplication, replication or other reproduction, i.e. repeatedly giving the Work an objective form that allows its functional use) in the amount of _________ copies (or without limiting the circulation);
d) the right to distribute the Work in any way by selling the reproduced material carriers of the Work among end users (consumers performing functional use) within the following territorial and sectoral limits (or without restrictions): ________________ (indicate the territory: country, administrative region, industry);
e) the right to rework the Work (create on its basis a new, creatively independent work or make changes that do not constitute its processing);
f) the right to translate the Work;
g) the right to public use of the Work and its demonstration for informational, advertising and other purposes;
h) the right to assign on contractual terms a part of the rights received under this agreement to third parties;
And) _________________________________________________.
2.5. The rights specified in clause 2.4 of this agreement are transferred for the duration of the copyright to the created Work.
2.6. The effect of transferred exclusive copyrights is not limited by territorial limits.
2.8. For the creation of the Work and the transfer of exclusive copyright to it, the Customer pays the Author a remuneration in a fixed amount, as well as a remuneration as a percentage of the income received by the Customer from the corresponding method of using the Work.
2.9. The remuneration in a fixed amount is ___________ and is divided into two parts, one of which is ___________ and is paid as an advance payment, the other is ____________ and is paid after the transfer of the Work to the Customer.
The remainder of the lump sum award of ______ payable within _________ after the transfer final version Works by the Author to the Customer under the relevant act.
2.10. The percentage fee is paid in the amount of _____% of the amount of income received by the Customer for the respective method of using the Work.
3. CONTROL OVER THE USE OF THE WORK
a) exercise control over the accounting documents of the Customer containing information on calculations for the use of the Work;
b) get acquainted with other documents related to the use of the Work.
3.2. The customer is obliged:
b) as payments for the use of the rights granted to him are received, report to the Author on the volume of sales.
4. RESPONSIBILITIES OF THE PARTIES
4.1. The party that has not fulfilled or improperly fulfilled its obligations under this agreement is obliged to compensate the other party for the losses caused by such non-performance. If the party that violated the contract received income as a result of this, the party whose rights were violated has the right to demand compensation, along with other losses, for lost profits in an amount not less than such income.
4.2. In the event of a breach of the contract, the party whose right has been breached is also entitled to demand recognition of the right, restoration of the situation that existed before the breach of the right, and termination of actions that violate the right or create a threat of its breach.
4.3. In cases not provided for by the contract, property liability is determined in accordance with the current legislation of the Russian Federation.
5. PRIVACY
5.1. The terms of this contract and assignments are confidential and not subject to disclosure.
6. DISPUTES RESOLUTION
6.1. All disputes and disagreements that may arise between the parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations on the basis of current legislation.
6.2. If disputes are not resolved in the process of negotiations, disputes are resolved in court in the manner prescribed by current legislation.
7. TERM OF THE CONTRACT
7.1. This agreement comes into force from the moment of signing and is valid for the duration of the copyright to the Work. In particular, the agreement remains valid for 50 years after the death of the Author, while all property rights under this agreement pass to his heirs (heirs of the indicated persons).
8. TERMINATION OF THE AGREEMENT
8.1. The parties have the right to terminate the contract ahead of schedule by mutual written agreement.
8.2. The customer has the right to terminate the contract unilaterally:
Upon termination of the contract for the specified reason, the Author is obliged to return the entire amount of remuneration received under the contract.
a) repeated violation by the Customer of the obligation to pay remuneration to the Author;
b) failure by the Customer to provide the Author with the opportunity to get acquainted with the documents on the use of the Work;
c) for using the Work in a way not specified in the contract.
9. FINAL PROVISIONS
9.1. In all other respects that are not provided for by this agreement, the parties are guided by the current legislation of the Russian Federation.
9.2. Any changes and additions to this agreement are valid provided that they are made in writing and signed by the parties or duly authorized representatives of the parties.
9.3. All notices and communications must be sent by the parties to the contract to each other in writing.
9.4. The Agreement is made in two copies, having the same legal force, one of which is with the Author, the second - with the Customer.
10. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Customer: __________________________________________________________
__________________________________________________________________
_________________________________________________________________.
SIGNATURES OF THE PARTIES:
Customer: ________________________
M.P.
