AUTHOR’S RIGHT TO REVISE CONTRACTUAL PROVISIONS CONCERNING AUTHOR’S FEE

Abstract

The right to revise contractual provisions concerning author’s fee exists in instances of „obvious disproportion“ between the stipulated amount of author’s fee and the income/proft which is made based on exploitation of the author’s work in question. Additionally, in some European countries this right is also applicable in cases when the amount of author’s fee has not been agreed upon initially. The party entitled to exercise this right is solely the author, as a contracting party with a weaker negotiating position compared to user of author’s work. By exercising this right, author’s participation in distribution of income/proft arising from economic exploitation of the author’s work becomes more just.