(listicle article)

1. The agreement between the author and the publisher should be concluded only in the written form. I am not the first who thinks so.

According to the Law of Ukraine “On Copyright and Related Rights,” an agreement between the author and the publisher, according to the terms of which the latter will be transferred the right to use the work, must be concluded in the written form. Thus, the law establishes a mandatory written form for copyright agreements. At the same time, agreements on the use (publication) of works in periodicals (newspapers, magazines, etc.) may be concluded orally.

2. The agreement should specify a clear list of property rights to be transferred.

First of all, when concluding a copyright agreement, the parties must clearly define which property rights will be transferred to the publisher, namely:

• indicate a specific list of rights that the publisher will have in the future on the basis of such an agreement, for example, the right to publish (issue);
• the right to reproduce in any way and in any form;
• the right to translation;
• the right to remake, adapt, arrange the work;
• the right to public performance, etc.

An indication of a specific list of rights that are transferred under a copyright agreement is necessary due to the fact that property rights that will not be specified in such an agreement are considered as not transferred and are retained by the author.

3. Indicate whether the exclusive right to use the work is transferred or not. It is a good idea and it is desirable to adhere to it too.

In the case of an agreement on the transfer of the exclusive right to use the work, the author transfers the right to use the work in a certain way and within certain limits only to one person, who, in turn, may allow or prohibit such use of the work to others. In this case, the author may not during this period to transfer to other persons the specified right in the part in which it is transferred under the contract.

In the case of concluding an agreement on the transfer of the non-exclusive right to use the work, the author transfers to another person the right to use the work in a certain way and within the established limits, while retaining the right to use the work and transfer the non-exclusive right to use the work.

4. Prescribe other important conditions.

In the contract between the author and the publisher, it is important to legally prescribe the mutual rights and obligations of the parties, specify the period for which property rights are transferred (term of the contract), the territory to which such property rights apply.

Particular attention should be paid to the amount and procedure for payment of royalties, as well as the provisions on liability in case of breach of contract by the parties.

5. Be sure to determine the amount of royalties.

With regard to royalties, in this case it should be noted that royalties may be determined in the contract as a percentage of income from the use of the work or in the form of a fixed amount or otherwise (by agreement of the parties). At the same time, the legislation stipulates that the rates of royalties may not be lower than the minimum rates set by the Cabinet of Ministers of Ukraine.