AGREEMENT ON CUSTOM CREATION AND USE OF THE OBJECT OF COPYRIGHT OR THE OBJECT OF RELATED RIGHTS

Based on the analysis of current legislation Ukraine, concepts, features, essential conditions contract creation to order and use object copyright or related rights are studied. The expediency changing name in Civil Code Ukraine is substantiated. Instead «agreement an intellectual property rights», rights» more accurate, since legal basis for acquisition ownership exclusively objects copyright/related rights. patent law, means individualization business entities, goods, works, services, etc. a excluded due need obtain title-establishing right-confirming documents them (patents, certificates). It proposed supplement legislative definition contract: under rights, one party (creator – writer, artist, etc.) undertakes create such accordance with requirements other (the customer) within specified period, customer accept pay created object. A comparative characterization study subcontracting was carried out. An condition about its subject which will be customer's requirements. must clearly spelled out contract, otherwise at stage implementation when handed over customer, it impossible establish whether meets his If were not specified, refuse corresponding consequences. terms term, payment, procedure implementation, if established, method transfer object, established by parties mutual agreement. according imperatives, define methods facility. However, consequences non-compliance requirement have been established. Therefore, did agree then agreement cannot considered order, relationship parties, relevant prescriptions Art. 1112 Law «On Copyright Related Rights». In case creating work art should taken into account that original fine art, becomes customer. At same time, remain author, unless law. consensual, mutual, retaliatory/non-reciprocal, concluded written (electronic) form penalty nullity.