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Contract of author's order

A contract of author's order is an agreement between an author and a customer concerning creating, for a compensation, a new work in a volume, form, genre defined by the customer.
The contract of author's order differs from the contract of alienation of exclusive rights in that the very object of author's creative activity is not created by the time of concluding the contract.
An author's order in commercial activities is made, as a rule, for conducting photography or video filming, developing a layout design, writing advertising and other scenarios, developing software, designing logos, signboards and creating other objects.

A completed work is transferred to the customer on a material carrier.

The contract should stipulate:

  • whether the author transfers the exclusive right to use the work to the customer, or
  • the right to use the work is transferred only within established limits (grant of a license), or
  • the work is transferred to the customer by the author without any powers in respect of the exclusive right to the object.

The author always keeps his/her personal non-property rights to the result of his/her creative activity, since they are inalienable.

Protection of author's rights under a contract of author's order

  • The customer of a work should accept a result of the author's creative activity and pay a remuneration for it. The customer may refuse to accept a work only if the author failed to comply with parameters (volume, genre, form) stipulated in the contract as well as if the author has used illegal methods for creating the work (plagiarism, misrepresentation of facts, etc.).
  • The amount of the author's liability under a contract of author's order is limited only to an actual damage caused to the customer. The latter is not entitled to demand that the author should pay for a loss of profit.

Skilled specialists of our Bureau are ready to assist you in drafting a contract of author's order correctly, stipulating all essential conditions and important details, conducting negotiations with the other party for reaching an agreement, and to provide support for protecting violated rights under a contract of author's order.