The alienation of the exclusive right in the work

[Ирина Ивановна]

Dear forum members , help to understand the situation :

in negotiations to acquire the picture buyer together with the contract of sale and transfer of copyright need to sign a separate contract for the alienation of the exclusive right to the work. What is the difference between copyright and the exclusive rights ? And the more fraught with the signing of such agreements? Please help me with the point of view of the buyer , why he , the purchaser , can not be content with just the contract purchase - sale.
In the past century, and in the past decade , generally did not know about such legal case , generally sold on a verbal agreement , and now have to start to penetrate .

Thank you in advance .

[NATA NOVA]

Сообщение от Irina , 2535711"

transfer of copyright needs to sign a separate contract for the alienation of the exclusive right in the work .

What is the difference between the sale of copyright and " alienation of the exclusive right to work " (and the role played by the word "exclusive" in this context) ?

[iosif]

NATA NOVA, I'm not a lawyer, but , in my opinion , copyrights to sell at all possible, because the author already has a painting and the painting oboznachen.Otchuzhdenie exclusive right seems to have in mind the transfer all rights to the product , ownership , sale, reproduction, including pofragmentnoe , use for any commercial purposes , the transfer of rights to third parties , etc. However, all this can be provided in the sales contract .

[fabosch]

These respected iosif nd right ( the right of reproduction , etc. ) are the copyrighted property . They can dispose of, by sale under a contract for the purchase of the work itself, it is in the contract stipulating otherwise, but you can not sell. This is, in principle, a separate subject of sale.
A right to be called the author of the moral rights and is not subject to exclusion .

Added after 4 minutes 5 minutes
Yeah, did not notice at first reading another issue's theme.
Copyrights and exclusive rights - is not antonyms and synonyms. This is generally a different semantic concepts series.
That is, the property copyrights, you can sell together with the product, can be exclusive, but may be non-exclusive.
If you pass the exclusive property copyrights, it means that these rights do you have no right to sell to anyone, that is, those rights enjoyed your customer individually.
But you can pass on a non-exclusive agreement property copyrights. For example, you can send the product to the buyer a non-exclusive property rights to the printing works vosproizvednie unlimited (or limited edition specified). This means that you can sell those rights to other people. Such rights are, of course, cost less than exceptional.
Besides property copyrights, you can sell without selling the work. That is, for example, sell the rights to printing reproduction of the work, not selling the work. Well, etc. etc.

[iosif]

fabosch, thanks, exhaustively.

[NATA NOVA]

Сообщение от fabosch; 2536351"

If you pass the exclusive property copyrights, then it means that these rights do you have no right to sell to anyone , that is, those rights enjoyed your customer individually .

That is, in this case, the author no longer has any product or idea?
With regards to the literary creation, the meaning is clear ..
And what about the fine ? Author repeats copies , for example?
(Thank you)

[fabosch]

Сообщение от NATA NOVA

That is, in this case, the author no longer has any product or idea?

If the author has sold the product , it does not own . This is more or less certain , although " science has many Gitik ."
The idea is not subject to copyright law, there is a legal idea of art can not be sold . You can only sell a specific existing product ( painting , manuscript, sculpture , etc.)

Сообщение от NATA NOVA

And what about the fine ? Author repeats copies , for example?
(Thanks )

If the author bakes up like pancakes - why would you buy his product ?
The author can do repetitions, which would still be different, even in the lottery drawing almost no equal. Each such product - independent object of copyright.

[kozhinart]

On the sale of images, you can sometimes earn more than the original, for example selling posters - limiting giclee edition - 100 pieces, cards, and separate images for different purposes - calendars, pictures, given the fact that this can be done multiple times throughout the duration of the Copyright - 75 years, it can be quite decent earnings. The alienation of the exclusive right of the artist loses the opportunity, without agreement with the copyright holder, free to sell, that is used for commercial purposes, the work - the image. That is again the author can get the owner of the exclusive rights of a non-exclusive license, if Bodo need for this in the contract ukazyvayutsya details for connection to the new owner, or their successors. In this case, under the law of repetition and access, and you can ask for details of the next owners of the painting, but it is on the client, it is difficult to insist on this, even though the law is valid.
Resale - it's the right pieces of fine art in the case of alienation of their original work at each public resale of the respective original, in which, as a seller, buyer or agent involved gallery of fine art, art gallery, shop or other similar organization to get the seller to pay in the form of interest payments on the resale price. Inalienable right of succession, but passes to the heirs of the author at the term of the exclusive rights to the product.

The right of access - it's the right pieces of fine art to require the owner of the original work enabling to exercise the right to reproduce his work.

[K-Maler]

Сообщение от Irina , 2535711"

What is the difference between copyright and the exclusive rights ? And

Russia's law on copyright law , Article 30, paragraph 2 :
Publishing agreement on the transfer of exclusive rights allow the use of the product in a certain way , and by the agreement within only person to whom the rights have been assigned , and give that person the right to prohibit such use of the work to others.

[NATA NOVA]

Сообщение от K-Maler; 2538041 "

Law Russian Law , Article 30, paragraph 2 :
Publishing agreement on the transfer of exclusive rights allow the use of the product in a certain way , and by the agreement within only person to whom the rights have been assigned , and give that person the right to prohibit such use of the work to others.

That is, alienated ( alienated ?) Hodozhnik copyright - write " lost "!