Copyright Contract

Pursuant to the Copyright and Related Rights Act, copyright contract is  a contract to acquire the right of exploitation of a copyright work and it needs to be concluded in writing. The copyright contract must specify at least the work to which it refers, the manner of use, the remuneration for the use of the work or the explicit provision that the right of use is established without remuneration and the person authorised to use the copyright work (user).

There is also one exception to this general rule which applies to a small publishing contract (a contract for the publication and other use of articles, photographs, drawings, video clips and other copyright contributions in daily press and periodicals, publications or electronic publications) which does not have to be concluded in  writing.

A copyright contract may also be concluded in respect of a copyright work that has not yet been created, provided that it determines at least the type and manner of use of the future work. The amount of the remuneration must also be determined by the contract. The author is entitled to an appropriate and proportionate remuneration for each use of his copyright work. If the amount of the remuneration is not determined by the contract or its amount is determined inappropriately, the author has the right to demand an appropriate and proportionate remuneration.

Appropriate and proportionate remuneration is the remuneration that must be fairly given or determined in legal transactions at the time of concluding the legal transaction, given the type and scope of use of the copyright work, the actual or potential economic value of the acquired right of use, taking into account potential or realised financial success in the use of the copyright work, contribution of the author to the overall work, type and scope of the copyright work, duration of use, existence of an agreement between representative associations of authors and representative associations of users determining the amount of appropriate and proportionate remuneration, as well as other elements that make the basis to determine an appropriate and proportionate remuneration, such as fair market practices or actual exploitation of the work.