dogovor za narachka na delo
English translation: 1. Contract for Services 2. WORK FOR HIRE AGREEMENT
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| 08:40 Jan 10, 2008 |
| Macedonian to English translations [PRO] Law/Patents - Law: Contract(s) | |||||||
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|  Selected response from: Radica Schenck Germany Local time: 15:22 | ||||||
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| 4 | 1. Contract for Services 2. WORK MADE FOR HIRE AGREEMENT |
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| Discussion entries: 2 | |
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Answers
14 hrs confidence: 
1. Contract for Services 2. WORK MADE FOR HIRE AGREEMENT Explanation: Contract for Services UK Da ne se pomesa so "contract of services"!!! sto podrazbira status na vraboten!!! There has been a long established distinction in UK laws between a contract of service (more commonly known as a contract of employment) and a contract for services (more commonly known as a freelance contract). There is no precise legal definition of either type of contract, but the essential differences are that a contract of service/employment is the engagement of a person who is paid a regular wage or salary to carry out specific work in a specific way at specific times and places, with benefits such as paid holiday and sickness leave and pension rights; whereas a freelance contract for services is the engagement of a person who is paid a fee or fees to deliver an overall project in their own way and in their own time, with no such holiday, sickness or pension rights. WORK MADE FOR HIRE AGREEMENT (us) [Note: Words contained in brackets indicate that you must choose among the alternatives listed, insert appropriate language, replace the given variable with another or, if the bracketed material is a note to you, like this one, remove the material. Be sure you have addressed all bracketed issues and removed all brackets before signing your agreement.] WORK MADE FOR HIRE AGREEMENT Educational Course Materials This Agreement made the [date] day of [month], 19[year], by and between [name of author] ("Author," and if there is more than one author, then all of them collectively) and [name of institution] ( "University"). THE AUTHOR AND THE UNIVERSITY AGREE THAT: 1. Title and Copyright Assignment (a) Author and University intend this to be a contract for services and each considers the products and results of the services to be rendered by Author hereunder (the "Work") to be a work made for hire. Author acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of University. (b) If for any reason the Work would not be considered a work made for hire under applicable law, Author does hereby sell, assign, and transfer to University, its successors and assigns, the entire right, title and interest in and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Work, and in an to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing throughout the world. (c) If the Work is one to which the provisions of 17 U.S.C. 106A apply, the Author hereby waives and appoints University to assert on the Author's behalf the Author's moral rights or any equivalent rights regarding the form or extent of any alteration to the Work (including, without limitation, removal or destruction) or the making of any derivative works based on the Work, including, without limitation, photographs, drawings or other visual reproductions or the Work, in any medium, for university purposes. (d) Author agrees to execute all papers and to perform such other proper acts as University may deem necessary to secure for University or its designee the rights herein assigned. 2. Delivery of the Work (a) The Author will deliver to the University on or before [date] the completed Work (with all illustrations, charts, graphs, and other material, including syllabi, handouts, reference lists, etc., in the medium mutually agreed upon for the Work) in form and content satisfactory to the University. (b) If the Author fails to deliver the Work on time, the University will have the right to terminate this agreement and to recover from the Author any sums advanced in connection with the Work. Upon such termination, the Author may not have the Work published elsewhere until such advances have been repaid. 3. Quoted Material With the exception of short excerpts from others' works, which constitute fair use, the Work will contain no material from other copyrighted works without a written consent of the copyright holder. The Author will obtain such consents at his or her own expense after consultation with the University and will file them with the University at the time the Work is delivered. Any obligations associated with permissions will be the responsibility of the Author. 4. Author's Warranty The Author warrants that he or she is the sole owner of the Work and has full power and authority to make this agreement; that the Work does not infringe any copyright, violate any property rights, or contain any scandalous, libelous, or unlawful matter. The Author will defend, indemnify, and hold harmless the University and/or its licensees against all claims, suits, costs, damages, and expenses that the University and/or its licensees may sustain by reason of any scandalous, libelous, or unlawful matter contained or alleged to be contained in the Work or any infringement or violation by the Work of any copyright or property right; and until such claim or suit has been settled or withdrawn, the University may withhold any sums due the Author under this agreement. 5. Consideration In consideration for delivery of the Work in accordance with the provisions of this Agreement, University shall pay Author [amount]. 6. Revisions [Choose one paragraph.] The Author shall retain the right to revise the Work [at one year intervals] during the term of this agreement in accordance with academic standards. The Author further agrees to update the Work within ninety (90) days upon the receipt of a written request from the University. The provisions of this agreement shall apply to each revision of the Work by the Author as though that revision were the Work being published for the first time under this agreement. In the event that the Author is unable or unwilling to provide a revision within ninety (90) days after the University has requested it, or should the Author be deceased, the University may have the revision made and charge the cost against sums due the Author under Section 5 above, if any, and may display, in the revised Work and in advertising, the name of the person or persons who perform the revision. or This paragraph has been deleted because the Author's contribution is not a work expressing academic expertise requiring periodic review and revision. 7. Term and Termination (a) This agreement shall remain in effect for [three (3)] years unless terminated earlier in accordance with this Section 7. (b) In the event that either party shall be in default of its material obligations under this agreement and shall fail to remedy such default within sixty (60) days after receipt of written notice thereof, this agreement shall terminate upon expiration of the sixty (60) day period. (c) Upon the expiration of the term of this agreement, the parties may agree to renew this agreement for an additional [three (3)] year term, upon the same terms and conditions as set forth herein. 8. Options/Contracts with Third Parties Nothing contained in Section 7 shall affect any license or other grant of rights, options, or agreements made with third parties prior to the termination date or the rights of the University in the income resulting from such agreements. 9. Amendments The written provisions contained in this agreement constitute the sole and entire agreement made between the Author and the University concerning this Work, and any amendments to this agreement shall not be valid unless made in writing and signed by both parties. 10. Construction, Binding Effect, and Assignment This agreement shall be construed and interpreted according to the laws of the State of Texas and shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives; and references to the Author and to the University shall include their heirs, successors, assigns, and personal representatives. IN WITNESS WHEREOF, the parties have duly executed this agreement as of the date first written above. Author: Address: The University of Texas [name of component] By Authorized Officer : Author: Address: pogledni gi i ovie moznosti http://www.keepyourcopyrights.org/contracts/samples -------------------------------------------------- Note added at 14 hrs (2008-01-10 23:37:59 GMT) -------------------------------------------------- ako stanuva zbor za umetnicko delo (a ne za preveduvacki uslugi:P) togas moze i CONTRACT to COMMISSION an ARTWORK ili Commissioning Contract Annex A – Sample Commissioning Contract This Agreement is made this day of Between: 1. [INSERT TITLE OF MINISTER/OFFICIAL AS APPROPRIATE] acting through ** ‘;the Department’;) of And: 2. [INSERT NAME] (‘the Author’;) of [INSERT ADDRESS 1. DEFINITIONS. In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings: Material: An original article on the subject of .................... to be written by the Author under the terms of this Agreement in accordance with the specification at Annex A to this Agreement. Work: A work on the subject of ........... which is to be published by or on behalf of the Department. 2. SUPPLY OF THE MATERIAL. The Department hereby commissions the Author to produce the Material in accordance with the specification at Annex A for delivery to the Department no later than .......[date] unless otherwise agreed by the Department 3. APPROVAL AND PUBLICATION ARRANGEMENTS 3.1 The Department shall notify the Author in writing within .... days of receiving the Material whether it is suitable for publication within the Work. If the Department consider the Material to be unsuitable, the Department shall notify the Author of the reason why the Material is considered unsuitable. 3.2 The Department reserves the right to amend, correct and edit the Material in order to prepare it for publication in the Work. The Department shall seek the approval of the Author before making any substantial changes to the Material. 4. WARRANTY. The Author warrants to the Department that the Material is original and that it is not a violation or infringement of any existing copyright or licence of any other right of any other person or organisation 5. THIRD PARTY RIGHTS. The Author undertakes to obtain appropriate permission for any copyright material forming part of the Material where the copyright rests with a person or organisation other than the Author. The Author shall provide the Department with all appropriate details, including proof that the Author has obtained the consent of the copyright holder and details of the acknowledgements required by owners of rights other than the Author. 6. COPYRIGHT 6.1 On receiving notification from the Department in accordance with clause 3 [Approval and Publication Arrangements] that the Material is considered acceptable the Author shall assign all copyrights and rights in the nature of copyright in the Material to which he/she is legally entitled to the Department on behalf of the Crown, by signing the document at Annex B and returning it to the Department 6.2 On receiving notification from The Department in accordance with clause 3 [Approval and Publication Arrangements] that the Material is considered unacceptable, the Author shall retain all copyrights and rights in the nature of copyright to which he/she is legally entitled in the Material. 7. PAYMENT 7.1 The Department shall pay the Author the sum of £..... in respect of: (a) producing the Material subject to it meeting the specification at Annex A; and (b) for assigning all copyrights and rights in the nature of copyright in the Material to the Department on behalf of the Crown, subject to the Department confirming that the Material is acceptable for publication within the Work in accordance with clause 3 [Approval and Publication Arrangements]. 7.2 The payment specified at sub-clause 7.1 shall be made within .... days of the Department receiving the assignment of copyright in accordance with sub-clause 6.1 [Copyright]. 7.3 All sums payable are exclusive of UK Value Added Tax which shall, where applicable, be paid in addition to the Author at the rate in force at the time of payment, provided that the Author has supplied The Department with a current and valid UK VAT registration number. 8. ACKNOWLEDGEMENTS AND MORAL RIGHTS 8.1 The Author hereby asserts his/her moral right to be identified as the author of the Material. 8.2 The Department shall ensure that the Author is appropriately acknowledged in the Work, subject to the Material being accepted for publication in accordance with clause 3 [Approval and Publication Arrangements]. 9. COMPLIMENTARY COPIES. The Department shall supply the Author with * free copies of the Work containing the Material subject to the Material being approved in accordance with clause 3 [Approval and Publication Arrangements]. 10. NOTICES. Any notices, correspondence, materials or other communication in connection with the Agreement shall be sent to the following addresses: For the Department Name Address Fax For the Author Name Address Fax 11. INTERPRETATION. This Agreement shall be governed by and interpreted in all respects in accordance with the laws of England and Wales and shall be subject to the jurisdiction of the Courts of England and Wales. (Where the commissioning Department is based in Scotland, the Agreement should be subject to the laws of Scotland). Signed by: .................... Date: .......... Name in block capitals: ............. for [the Department] Signed by: .................... Date: .......... Name in block capitals: ............. for [the Author] SAMPLE Title (provisional) * Subject Matter * Text Length: Between * and * words. Medium for Delivery: e.g. 3.5" IBM PC-compatible floppy disk accompanied by one hard copy typescript pages. Illustrative Material Type: e.g. Black and white photographs, line drawings, graphs etc. ANNEX COPYRIGHT ASSIGNMENT I ...................[name of the Author] hereby assign all copyrights and rights in the nature of copyrights to which I am legally entitled in the Material [give full description/title] defined in the Agreement dated .................. between myself and the Department of ..............[full name], to the Department of ..............[in full] on behalf of the Crown. Signed by: .......................................................... Date:.......... Name in block capitals:........................................................ Witnessed by: .................................................... Date:.......... Name in block capitals:........................................................ Reference: http://www.google.de/search?hl=de&q=%22WORK+MADE+FOR+HIRE+AG... |
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