Drafting and negotiation of your copyright contracts
You created an original work, so you are the owner of the copyright.
Copyright protects literary and artistic works, graphic, sound, audiovisual creations, software, fashion designs, etc. They consist of moral rights, which are non-transferable, and economic rights, which can be licensed or transferred.
Moral rights protect the non-economic interests of the author, thus his name and his work are respected. The author is therefore free to choose whether or not to make his work public (right of disclosure), to associate his name with it or not (right of paternity), to refuse to allow someone else to make modifications of his work (right of integrity), but he/she is also free to modify it or to stop distributing it (right of withdrawal and repentance).
Economic rights allow the author to authorize or prohibit the use of the work, with a financial compensation, up to 70 years after the death of the latter (in French law). Copyright contracts relate to these economic rights.
Experts from Brandon IP support you in all stages of your copyright use or transfer project: negotiation, drafting and establishment of the contract. Their solid experience and in-depth knowledge of legal rules and case law make them privileged contacts to best assist you in these projects.
The contract for transfer of copyright
To be valid, the assignment of copyright must be evidenced in writing. Terms on invoices that are too vague, such as “all rights assigned” or “for an unlimited period of time” are incorrect and should be avoided. If the scope of the rights assigned is too broad for example, the assignment will not be considered valid.
The contract for transfer must mention several elements, among others:
- The identity of the signatory parties;
- The purpose of the contract: i.e., precisely identify the transferred right(s);
- The nature of the right transferred: for example, the right of reproduction (publishing contract), translation, adaptation or representation;
- The support and frequency of distribution;
- The planned duration of the use, which may for example – but not necessarily – correspond to the entire duration of the copyright;
- The territory: the geographical area can be limited to a small area (city, region, etc.) or extended to the whole world.
- Whether the contract is exclusive or not;
- The terms of remuneration for the sale.
The author’s remuneration is in principle proportional to the sales revenues or of the use of the work. It must be fair and equitable.
The percentage is freely set by negotiation between the author and the beneficiary of the transfer on the basis of the selling price excl. tax of the work.
Remuneration by flat fee is nevertheless authorized:
- When proportional remuneration is not applicable (if the calculation basis cannot be determined for example);
- When the rights assignment relates to software;
- For a work published in the press.
The experts of our firm are able to advise you in all the stages of your draft contract, whether you are a buyer or a seller.
Experts in intellectual property in France and internationally
Since 1866, Brandon IP, formerly known as Blétry Frères, has supported its clients in the protection and defense of their intellectual property rights. It is one of the oldest intellectual property firms in France. We support independent project holders and companies of all sizes in the protection of their inventions with customized services that are as close as possible to their needs.
The firm is a member of several international professional associations and relies on an important network of correspondents around the world.
As a guarantee of our expertise, Brandon IP is ranked among the best French IP law firms by Décideurs Magazine (Leaders League).
Meet our team on this page: www.brandon-ip.com/your-contacts/
To know more about our services, do not hesitate to contact our teams.
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- Disputes on copyrights, creations, designs
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