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Contract of alienation of rights

Notion and specific features of a contract of alienation of copyright

When speaking about alienation of copyright, one should understand that personal non-property rights of an author are not subject to transfer to third parties either for remuneration or free (as a gift).

The law makers divide the author's copyright into two categories:

  • Inalienable right of authorship;
  • Exclusive rights to a work.

Alienation for the benefit of third parties is possible only in respect of exclusive rights to a work created; and the right of authorship will remain with the author in any case.

One more key feature of such a contract is that the law maker allows transfer of copyright to a work even before its actual creation, namely, alienation of exclusive rights to a third party as a customer may be stipulated in a contract of author's order.

Exclusive rights to a work that pass under a contract of alienation:

  • Reproduction (making copies);
  • Dissemination (sale, any other transfer);
  • Grant of licenses to third parties;
  • Translation into a foreign language, arrangement of music, filmization or another revision of a copyrighted object;
  • Public performance, display or another presentation of a work to the public;
  • Use as a part in other author's objects being created, e.g., while creating films, theatrical performances, video clips, etc.

Thus, in the framework of such a contract, the author transfers to another person the right to use his/her work by any manner for the purpose of deriving commercial benefit, or without it.

Registration of a contract of alienation of copyright

A contract of alienation of exclusive right of the author to a work is not subject to the state registration, but this rule does not relate to contracts concluded in respect of computer programs or databases registered with Rospatent.