Transfer of copyrights

What must the contract include?

First of all, the agreement on the transfer of copyrights must specify the parties, i.e. the person who will sell the rights and the person who will acquire them. The second mandatory element regulated in the Act is the so-called defining the fields of exploitation – this means that the contract must specifically mention the extent and how the work will be used.

Another point that should be included in the content is the definition of remuneration and what scope of fields of use it covers. Failure to include mention of remuneration in the contract will not render the contract invalid, but then the author will be entitled to payment in accordance with statutory rates. Therefore, if we want to avoid unnecessary formalities after transferring economic copyrights, it is worth considering adding this point to the contract before concluding it. However, if the rights are transferred free of charge, this should be clearly emphasized in the content, as failure to include such information will result in the obligation to pay remuneration to the author.

License agreement – what is it?

The transfer of copyrights may also take place by way of a license. The basic difference, however, is the fact that the property rights in this case remain with the creator, which means that he can still dispose of them and collect remuneration. A license is a kind of consent to use someone else’s copyrights. However, there is a type of license agreement, thanks to which the buyer of such rights obtains permission for the exclusive use of the work, and such an agreement is called an exclusive license.