The Derivative Work License Agreement is essential when one party wishes to authorize another to create new works based on their original intellectual property under Belgian law. This document is commonly used in creative industries, technology sector, and content development where adaptation or transformation of original works is required. It ensures compliance with Belgian copyright law and EU regulations while protecting both the original creator's rights and enabling the licensee to commercially exploit the derivative works. The agreement covers crucial elements such as scope of permitted modifications, approval processes, quality standards, royalty structures, and moral rights considerations. It's particularly relevant in situations involving translations, adaptations, software modifications, or content reformatting, providing a clear framework for managing intellectual property rights and commercial relationships.
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1. Parties: Identification of the licensor (original work owner) and licensee (derivative work creator)
2. Background: Description of the original work, its ownership, and the purpose of creating derivative works
3. Definitions: Key terms including 'Original Work', 'Derivative Work', 'Intellectual Property Rights', 'Territory', and 'Term'
4. Grant of Rights: Scope of license to create and exploit derivative works, including any territorial or media restrictions
5. Approval Process: Procedures for submitting and obtaining approval for derivative works
6. Quality Control: Standards and requirements for derivative works
7. Intellectual Property Ownership: Clear statement of rights ownership in both original and derivative works
8. Payment Terms: Royalties, fees, and payment schedules
9. Representations and Warranties: Standard warranties regarding ownership, right to license, and non-infringement
10. Term and Termination: Duration of agreement and grounds for termination
11. Post-Termination Obligations: Rights and obligations after agreement ends
12. General Provisions: Standard clauses including notices, assignment, and governing law
1. Moral Rights: Specific provisions regarding moral rights under Belgian law, needed when derivative works might impact author's moral rights
2. Sub-licensing Rights: Include when licensee needs right to grant sub-licenses of derivative works
3. Marketing and Promotion: Include when specific marketing requirements or restrictions apply to derivative works
4. Technical Requirements: Include when derivative works must meet specific technical standards or formats
5. Source Material Handling: Include when original work materials require special handling or security measures
6. Creative Guidelines: Include when specific creative or brand guidelines must be followed
7. Dispute Resolution: Include when parties want specific arbitration or mediation procedures
8. Translation Rights: Include when derivative works involve translation into other languages
1. Schedule 1 - Original Work Description: Detailed description of the original work(s)
2. Schedule 2 - Approved Derivative Work Concepts: Initial approved concepts for derivative works
3. Schedule 3 - Quality Standards: Detailed quality control requirements and specifications
4. Schedule 4 - Payment Schedule: Detailed breakdown of royalties, fees, and payment terms
5. Schedule 5 - Approval Process: Detailed submission and approval procedures
6. Appendix A - Brand Guidelines: Brand guidelines applicable to derivative works
7. Appendix B - Technical Specifications: Technical requirements for derivative works
8. Appendix C - Reporting Templates: Templates for required reports and approvals
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