Contract defines the right
Exclusive or non-exclusive licence, term, territory and permitted uses change the result.
Royalties need reports
Print runs, sales, returns and digital channels must be reconciled by period.
Copies are not rights
Printed books are tangible objects; the exclusive right is a separate property right.
Author and rightholder checklist
| Area | Documents | Key question |
|---|---|---|
| Right of use | Publishing or licence agreement and schedules | Uses, term and territory granted |
| Duty to publish | Artwork, correspondence, schedule and ISBN | Whether use began on time |
| Remuneration | Reports, acts, print run, sales and returns | Amount and accrual date |
| E-book/audio | Separate rights and platforms | Whether those uses are included |
| Printed copies | Warehouse, marking and distribution contracts | Who owns copies and proceeds |
| Manuscript/source files | Delivery, backups and confidentiality | How to recover materials safely |
Licence and insolvency
An exclusive right is a property right, but the publisher may hold only a contractual licence within defined limits. Review exclusivity, transferability, term, print, electronic and audio uses, and termination provisions.
Article 1287 of the Russian Civil Code requires a publisher to begin using the work within the agreed term. Termination and breach consequences nevertheless require contract and fact analysis; rights should not be treated as automatically returned merely because an insolvency notice appears.
Action plan
Collect contracts
Preserve every version, schedule, act, email and manuscript delivery record.
Map the rights
List print, e-book, audio, translation, territory, term and sublicensing.
Request reporting
Reconcile print runs, reprints, sales, returns, platforms and payments.
Check the case
Find the debtor by tax ID, court procedure and EFRSB deadlines.
Separate remedies
Analyse licence performance/termination, money, manuscript, copies and source files separately.
Claim matrix
| Situation | Establish | Do not assume |
|---|---|---|
| Manuscript accepted, no publication | Use deadline and breach | Do not grant overlapping exclusive rights blindly |
| Book sold, no report | Runs, channels, period and royalty formula | Do not equate all turnover with author debt |
| Publisher acquired rights | Assignment scope and transaction chain | Do not label the right as still author-owned without review |
| Limited licence | Term, territory and uses | Do not extend it to audio or translation |
| Copies in warehouse | Owner and distribution agreement | Do not confuse books with copyright |
Frequently asked questions
Does a publishing licence end on bankruptcy?
Not universally or automatically. Contract type, terms, performance and insolvency decisions matter.
May the manuscript go to another publisher immediately?
First review the continuing scope of earlier rights, especially an exclusive licence.
How is a royalty claim proved?
Use the contractual formula, reporting period, print and sales data, acts and payments.
Does a buyer of the publisher become the author?
No. Personal authorship rights are non-transferable; economic rights and licences follow their legal basis.
Primary legal sources
- Russian Civil Code Part IV, licences and Article 1287
- Russian Supreme Court Plenary Resolution No. 10 on intellectual rights
- Russian Bankruptcy Law No. 127-FZ
- EFRSB insolvency notices
- Russian commercial court docket
Related guides
Bookshop bankruptcy · Digital assets in IT company bankruptcy · Russian corporate bankruptcy
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