Editorship, proofreading, recording – work or service?

Publishing often requires cooperation with specialists, whose involvement allows to publish a book or a magazine.
However, publishing houses may sometimes find it difficult to put each activity to proper category and subsequently to draft and sign adequate agreement. Concerns in this respect are raised even by some authorities which control business activity of entrepreneurs.

Firstly, when the performance of an agreement leads to creation of a definite and expected result, there is a possibility to conclude a specific task contract (umowa o dzieło). What is meant by “a result” in this respect, is not only a newly created work, but also a work that is corrected, amended or improved. It should be noted, that as far as a specific task contract is concerned, it is of fundamental importance for the ordering party that the work is not only being performed work but when it is completed and finished. In general, a work is not delivered in pieces, but only as a whole, after its completion.

The mentioned result, after performing a specific task contract may always be verified by the ordering party. There is no such procedure provided in an agreement on provision of services. To confirm, that the agreement has been properly executed, the acceptance of the work by the ordering party is required. If the work contains defects or errors, the contractor will be obliged to correct it. 

[Agnieszka Dzido]