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In practice, we often hear that one person has entered into a copyright transfer agreement and subsequently another person is now the author of his work. It would be more correct to say that the latter is the holder of certain copyrights or that he has been granted the right to use the work. However, what is behind this terminology?
By its very nature copyright represents a complex subjective right of the author over his work. It consists of property and non-property rights, the former providing the author with recognition, and the latter regulating the material aspects and the circulation of copyright objects.
For property rights take into account the types of provision for use of the work such as distribution, broadcasting, public performance, implementation of a project, etc. ways listed in Art. 18, para. 2 The Copyright and Related Rights Act (CRA)In order to maintain recognition, moral and material satisfaction for the author, he is due remuneration for each type of use and for each subsequent use of the same type. It is recommended to prepare contracts, which govern the use of the works – if you need one, contact us. The IPfabrika team consists of experts with experience in copyright and other forms of intellectual property and we can help you protect your rights.
In the chart below you will find listed non-property powers within the framework of copyright, and we have marked in red those of them that are inalienable and cannot be transferred. If they are specified in a contract as the subject of transfer, then this clause will be null and void and will not give rise to action. That is, if an artist sells his painting, the buyer cannot acquire the quality of its artist.
Infographic: IPFabrika
Title photo: Getty Images
