The agreement on granting services in creation of Web-site
The agreement on granting services in creation of Web-site that is object of intellectual property is concluded between two Customers and Executor (all the three are physical persons). Under the terms of agreement the result of Executor’s intellectual activity is common general property of Customers.
Customers want to hold all property rights to the object of intellectual property in full and register for themselves the copyrights on the object in National Patent Bureau. Is a foregoing agreement the foundation for this purpose or it is necessary to conclude the separate contract on assignment of property rights to Customers? And whether it is possible to pass them free because essentially creation of veb-site has been already paid?
Answer:
According to article 15 of Ukrainian Law «About a copyright and contiguous rights» dated 23.12.93 № 3792-XII (further – Law) author’s property rights (or other person who has copyright) can be passed (alienated) to other person in accordance with provisions of article 31 of Law, whereupon this person becomes the subject of copyright. The article 31 of Law foreseen that such transmission is made out by the copyright agreement.
In the article 33 of Law is stipulated that agreements on assignment of rights to the use products are concluded in writing. The contract allowing use (publishing) products in the periodic editions (newspapers, magazines, etc.) can be made in oral.
An agreement on assignment of rights to the use products is considered concluded if consent between parties is attained in relation to all substantial terms (term of agreement action, method of the products use, territory, on which the assigned right spreads, size and order of award payment, and also other terms in relation to which consent must be reached under the requirement of one of parties).
The award is determined in an agreement as percents from the profit got from the use of product or as the fixed amount or in any other way. Thus the rates of award can not be below than the minimum rates set by Cabinet of Ministers of Ukraine*.
Rights which were not present in the moment of entering into contract can not be the subject of agreement on assignment of rights to use products.
All property rights to the use of product which are assigned under agreement should be identified in it. The rights not mentioned in an agreement as assigned by subject of copyright are considered not assigned and reserved after him.
Proceeding from mentioned above, with the purpose to observe requirements of legislation on copyright and contiguous rights it would be needed to complement an agreement on creation of object of intellectual property by provisions related to assignment of all property rights to Customer. 06.02.2009
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