This is an agreement under which the holder assigns their exclusive right to an artwork to somebody else.
Why Enter into an Assignment Agreement
If you wish to sell or transfer your artwork, then you must enter into a written assignment agreement to execute the transfer of the right.
State registration of a copyright assignment is not mandatory, and the agreement is valid and enforceable without the state registration.
The agreement on the alienation of exclusive rights must contain the terms of:
- The transfer in full of the exclusive right to the work, and
- The consent of the author to make changes (without affecting the author’s moral rights).
Moreover, if it is possible, you may indicate specific changes of artwork in the agreement on the alienation of exclusive rights.
An alienation agreement, as well as a license agreement may either include a compensation or be without a license fee. In case of an agreement with a compensation, the fee for the exclusive right must be paid by the new holder.
Also, please note that the Russian law does not provide for donation agreements between companies, and consequently, if case of concluding a free agreement for alienation of the artwork, such a deed may be at risk of being disputed later.
Under an agreement on assignment, the owner of the work transfers to another person the property rights to the object. The parties in simple writing and free form conclude the agreement. Registration of the document with a government agency is not required, and it does not affect the legal effect. The text describes the transferred intellectual property and claims the full transfer of exclusive rights. Otherwise, the agreement may be regarded as licensing. In addition, indicate the gratuitousness or compensatory nature of alienation. In the second case, indicate the cost of the transfer of rights. It takes up to one week to prepare documents and sign the contract.