The Artist Copyright Agreement is a crucial legal instrument used in Belgium when an artist wishes to grant rights to their creative works to another party. This document is essential for protecting both the artist's interests and providing legal certainty to the party acquiring the rights. Under Belgian law, which offers strong protection for creators' rights, this agreement must carefully address both economic rights (which can be transferred) and moral rights (which remain with the artist). The agreement should be used whenever artistic works are being licensed or transferred for commercial or public use, ensuring compliance with Belgian copyright law and relevant EU directives. It typically includes specific provisions for usage scope, territory, duration, compensation, and attribution requirements, while respecting the unique aspects of Belgian intellectual property law.
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1. Parties: Identification of the Artist and the Assignee/Licensee, including full legal names, addresses, and any relevant registration numbers
2. Background: Context of the agreement, brief description of the Artist's work, and the parties' intentions
3. Definitions: Key terms used in the agreement, including 'Works', 'Copyright', 'Territory', 'Term', 'Economic Rights', and 'Moral Rights'
4. Subject Matter: Detailed description of the artistic works covered by the agreement
5. Grant of Rights: Specific copyright rights being transferred or licensed, clearly distinguishing between economic rights and moral rights
6. Scope of Usage: Permitted uses of the works, including territory, duration, and any restrictions
7. Moral Rights Acknowledgment: Recognition and protection of the Artist's moral rights under Belgian law
8. Compensation: Payment terms, including initial payments, royalties, and payment schedule
9. Warranties and Representations: Artist's warranties regarding ownership and originality of the works
10. Attribution Rights: Requirements for crediting the Artist when works are used
11. Term and Termination: Duration of the agreement and circumstances for termination
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
1. Digital Rights: Specific provisions for online and digital use of the works, including social media and streaming platforms
2. International Usage: Additional terms for use of works outside Belgium, including compliance with international copyright conventions
3. Collective Rights Management: Terms regarding relationship with collective management organizations
4. Modifications and Derivative Works: Terms governing the right to modify works or create derivative works
5. Resale Rights: Implementation of artist's resale rights for applicable works
6. Sub-licensing Rights: Terms governing the licensee's ability to sub-license the works to third parties
7. Exclusivity Provisions: Terms establishing exclusive or non-exclusive rights
8. Quality Control: Standards for reproduction and display of works
1. Schedule A - Works Schedule: Detailed inventory and description of all artistic works covered by the agreement
2. Schedule B - Payment Terms: Detailed compensation structure, including royalty calculations and payment schedules
3. Schedule C - Technical Specifications: Technical requirements for reproduction and display of works
4. Appendix 1 - Image Portfolio: Visual documentation of the works covered by the agreement
5. Appendix 2 - Usage Guidelines: Specific guidelines for how works may be used, displayed, or reproduced
6. Appendix 3 - Attribution Requirements: Detailed requirements for artist attribution in different contexts
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