Features of the contract for image development (creation of a picture) to order (+ contract template)

Visualization or illustration with original images of Internet pages, articles, presentations, publications, etc. necessitates the development (creation) of an individual image (picture) to order. Observance of the rights and performance of duties by the customer and performer (developer, creator) of the artistic work is ensured by concluding and signing the Contract for the development of the image (creation of the image to order).

A contract for the development of an image (creation of a picture) at the order of the Customer, in accordance with the current legislation of Ukraine according to the classification of Contracts according to the Civil Code of Ukraine, is a subcontract.

Legal regulation of relations between the parties under the Subcontract is carried out by Chapter 61 of the Civil Code of Ukraine ( Articles 837-874 of the Civil Code of Ukraine).

So, Article 837 of the Civil Code of Ukraine defines the subject of the contract:

1. Under the contract, one party (contractor) undertakes to perform certain work at its own risk on behalf of the other party (customer), and the customer undertakes to accept and pay for the work performed.

2. A subcontract may be concluded for the manufacture, processing, processing, repair of an item or for the performance of other work with the transfer of its result to the customer.

Thus, image development (image creation) to the order of one Party is carried out under the Agreement concluded between the Customer and the Executor (Contractor).

The essential terms of the contract for image development are:

1. Subject of the contract

The subject of the contract is the object for which it is concluded, an indication of what the Parties agree on in the contract, what is its essence and main content.

The subject of the contract is the performance by one Party at the request of the other party of certain work for a fee, which the Party ordering the performance of the work undertakes to pay for the work performed.

2. The price of work

The contract determines the price of the work or the methods of its determination.

If the contract does not specify the price of the work or the methods of its determination, the price is set by a court decision based on the prices normally applied for similar works, taking into account the necessary costs determined by the parties.

The price of the work in the contract includes reimbursement of the contractor's expenses and payment for the work performed by him. (Article 843 of the Civil Code of Ukraine)

3. Term of performance of works

The terms of performance of the work or its separate stages are established in the contract.

If the contract does not specify the terms of performance of the work, the contractor is obliged to perform the work, and the customer has the right to demand its performance within a reasonable time, in accordance with the essence of the obligation, the nature and scope of the work, and the customs of business turnover. (Article 846 of the Civil Code of Ukraine)

Recommended contract terms:

Terms of the contract, which are not essential terms, but which are recommended to be included in the Contract for the development of an image (creation of a picture to order):

• Rights and obligations of the Parties to the Agreement;

• The section that provides for the mutual rights and obligations of the Parties to the Agreement and provides an opportunity to define in detail the conditions that regulate the mutual relations of the Parties in the process of fulfilling the terms of the Agreement;

• Procedure for payment of work;
  
  Conditions in which the Parties determine the order in which payment will be made under the contract (advance payment (full/partial), deferred payment (payment after completion of work) with the possibility of determining the number of days of deferred payment from the date of acceptance - transfer of completed works.

• Procedure for accepting work;
  
  The procedure and documentation of the fact of acceptance - transfer of the work result, the procedure for drawing up and sending to the other party for signing the Act of Acceptance - transfer of the completed works. The procedure and deadlines for submitting claims regarding the quality of the work performed, elimination of identified deficiencies in the work performed.

• Responsibilities of the parties;
  
  Provisions of the contract, which provide for the conditions of liability of the parties for non-fulfillment or improper fulfillment of the terms of the contract (for example, violation of the term of performance of work, violation of the term of payment for work)

• Intellectual property rights;
  
  Taking into account the fact that the subject of the contract is the development of an image (creation of an image) to order, and the image is an object of intellectual property, this section guarantees the customer's rights to further use the object of intellectual property created to order, at his discretion.

According to Art. 420 of the Civil Code of Ukraine , objects of intellectual property rights, in particular, include literary and artistic works. The picture is a work of art, and therefore it is subject to the norms regulating relations related to property and non-property rights of intellectual property on the work of art, namely:

Personal non-property intellectual property rights are:

1. the right to recognize a person as the creator (author, performer, inventor, etc.) of an object of intellectual property rights;
2. the right to prevent any encroachment on the intellectual property right, capable of harming the honor or reputation of the creator of the object of the intellectual property right;
3. other personal non-property intellectual property rights established by law (Article 423 of the Civil Code of Ukraine).

As a general rule, personal non-property intellectual property rights cannot be alienated (transferred). Exceptions to this rule are established by law.

Property rights of intellectual property are:

1. the right to use the object of intellectual property rights;
2. the exclusive right to allow the use of the object of intellectual property rights;
3. the exclusive right to prevent improper use of the object of intellectual property rights, including prohibiting such use;
4. other intellectual property rights established by law ( Article 424 of the Civil Code of Ukraine ).

The section of the contract "Intellectual property rights" provides an opportunity in the contract to stipulate the transfer from the author (creator) of the object of intellectual property (in this case, an artistic work, a picture) to the customer, property rights of intellectual property.

You can download a contract template for image development (creating a picture) using the link with the option of automatically filling in the counterparty's data, contract details, and choosing contract conditions that correspond to the specific conditions of your relationship with the counterparty.

Compiling, signing and storing documents - as easy as Lego!