Drafting and negotiation of your copyright contracts
You have created an original work, and are the de facto holder of copyright.
It comprises the moral rights that cannot be transferred, and the patrimonial rights that can be licensed out or transferred.
We can assist you in the negotiation, drafting and implementation of the transfer agreement, owing to our experience in this domain and our knowledge of legal rules and case-law.
To be valid, the transfer of copyright must be established in writing. Vague terms on invoices, such as “all rights transferred” or “for an unlimited duration of time” are incorrect.
The transfer agreement must, among other things, mention:
- The purpose of the agreement: i.e. precisely identify the transferred right
- What is the nature of the transferred right? (e.g. right of reproduction)
- What is the defined duration of exploitation (e.g. the copyright duration, i.e. 70 years after the death of the author in French law)
- The terms of remuneration for the transfer
The remuneration of the author is, in principle, proportional to the revenues from the sale or exploitation of the work. It must be fair and equitable.
The percentage may be fixed freely by a negotiation between the author and the beneficiary of the transfer on the basis of the selling price of the work, excluding taxes.
Nevertheless, a lump-sum remuneration is also authorised:
- when a proportional remuneration is not applicable (e.g. the calculation base cannot be determined);
- when the transfer of rights pertains to a software;
- for a work published in the press.
The experts of BRANDON IP are ready to advise you in all stages of the negotiation and formalisation of the transfer of your rights, whether you are a buyer or seller.