The answer to this question depends on who plans to become the copyright holder. If we are talking about the author, he only needs to create his masterpiece, but if you plan to obtain copyright from another owner, you will have to go through some formalities.
It is necessary
- - if you plan to create an object of copyright - the ability to do so.
- In other cases:
- - the consent of the author or other copyright holder to alienate copyright in your favor;
- - author's license agreement;
- - act of acceptance and transfer of the copyright object;
- - funds for payment of remuneration to the copyright holder, except for cases when copyright is transferred free of charge.
Instructions
Step 1
If the copyright object, be it a book, picture, sound clip, etc., was created by your work without the participation of outsiders, no additional steps are required to obtain the rights to it. They automatically appear with you from the moment the work is created. All that remains is to ensure that no one uses your creation without asking. This is especially true if you post the fruits of your creativity on the Internet.
The offender can be brought to justice through the courts, but this procedure deserves a separate consideration.
Step 2
A special case if you create a masterpiece with someone's help, for example, write a book like Ilf and Petrov or the Strugatsky brothers. In the current legislation, there are no restrictions prescribing the distribution of copyright among co-authors in certain proportions. Here, how to agree among yourself.
The option when one of the co-authors completely assigns his copyright to another does not contradict the law, but this fact must be reflected in the co-authorship agreement. In any case, it is better to stipulate all the nuances and fix them in the agreement before starting work on the work.
Step 3
The situations in which you need to copyright a work you didn't create can be different. For example, you are a recognized expert in a particular field and want to publish a book about it under your own name. At the same time, you have no time to write it, since there is enough other work that feeds you, do not be friends with the pen, but you never know what other reasons. In general, one cannot do without a literary assistant.
Although an analogy with the famous "Malaya Zemleya" "dear Leonid Ilyich", known from Soviet anecdotes, suggests itself, there is nothing criminal in this situation. To begin with, you will need to find such an assistant. And with him already to conclude an author's license agreement. By the way, you need him more than your assistant. To that, by and large, the main thing is to get money for your services. But it doesn't hurt you to play it safe. The contract is a guarantee that such assistants will not be able to reproach you for anything.
Step 4
A typical copyright license agreement can be easily found on the Internet. However, no one bothers to approach the matter creatively and modify the found sample, taking into account their needs.
The most important points: which rights are transferred (their full list can be found in part four of the Civil Code of the Russian Federation), for how long (it is possible for an unlimited period, for example, for five, ten, twenty, etc. years), in what territory (by default - only in Russia, but you can register it in the contract that is all over the world), etc. The terms of work on the work and the procedure for their revision, the procedure for paying for the rights alienated in your favor and other essential conditions are also discussed, for example, in what situations it can be terminated.
Do not forget to put the date of the contract and the place where it will be signed Well, sign it by both parties.
Step 5
The fact of transfer of the copyright object by its owner to another person or organization is confirmed by an act of transfer and acceptance. It needs to reflect in what number, in what form (on paper, digital media, by e-mail, etc.), in what volume the work was transferred. For example, if the object is transferred to CD, its serial number is usually indicated in the act.
It is advisable to indicate in the act that the parties have no mutual claims.
The act must be sealed with the signatures of both parties.
From the moment you sign it, the copyright for a work is at your complete disposal, until you transfer it to someone else or until the transfer period expires.
