The case of the transfer of artworks: moral and economic rights
Concerning the transfer of copyright agreement, the content of the contract will be different.
Copyright is divided into two types of rights: economic rights (right of representation and reproduction of the work) and moral rights (right of disclosure, right of paternity, right to respect the integrity of the work and right to withdraw the work).
For a copyright assignment, only the economic rights can be assigned. The moral rights cannot be the object of this contract, it remains the property of the author.
The contract of transfer of copyright must include certain obligatory mentions under penalty of being cancelled:
- The economic rights assigned clearly in a separate mention (the right of reproduction, representation, adaptation, translation etc.);
- The duration of the transfer of rights (in practice the duration is that of copyright, i.e. the whole life of the author and 70 years post mortem);
- The extent of distribution of the assigned rights (such as the number of products produced, or the use of the rights on a media for example);
- The destination of these rights (if the work is an artistic creation or ab applied art creation for example);
- The distribution territory (for which countries in particular or for the whole world);
- The method of calculating the remuneration of the author assigning his rights (whether it will be a proportional or lump sum remuneration)
A transfer of rights agreement must therefore be very well drafted for an effective protection of the parties, hence the interest to call upon a professional. Our team will listen to your needs and accompany you in the transfer of your invention or your work of the mind.