Exhibition contract with the artist author
Like any professional, Brigitte Morillon, works on contracts in all projects.
You will find below the legal elements for information.
The freedom of contract is strongly supervised regarding the author’s rights.
Imperative legal provisions apply to contracts for transfer of copyright
Some contracts focus on the work as a material media (order contract with a view to acquisition), others on the incorporeal rights attached to the work (transfer of copyright contracts). Finally, others can focus on both the work and the rights attached to it.
The order contract is a contract by which the backer asks the artist to realize a determined work and pays her service, the artist committing to realize the work. He can specify the genre, style, format, media, subject, or any other specification. He can also provide material and human resources to realize the work. The artist remains free for her creation.
As the order contract only focuses on the acquisition of the media of the work, any use, public exhibition or copy (posters, brochures, catalogue…) has to be provided for in the contract.
The exploitation contract is a contract by which an artist commits to delivering a given number of works in exchange for a payment.
The production contract is the contract in which the author’s partner covers the realization expenses. The work generally remains the artist’s property. If it is then purchased, the backer producer can introduce in the contract a clause allowing for him to receive compensation for his provision. On the other hand, he cannot be considered as a co-author of the work, unless he is a natural person whose provision for the (formatted) creation bears the mark of his personality.
The consignment contract: the consignment is “an act by which one receives another’s individual property, with the burden of keeping it and restitute it in kind” (French Civil Code, article 1915). It only focuses on the material media of the work. It affects galleries, for an exhibition combined with a sale (it is then accompanied by a selling mandate). It only affects photographers (for the purpose of the exploitation by their agency). The depositary is required to restitute the work at the end of the contract, provided that the consignment expenses or price have been paid (right of retention).
The loan contract affects the work use, principally for temporary exhibitions.
The working contract is different from the order contract because of the existence of a legal subordination link: execution under the supervision of the employer, in the business premises. However, the author remains the holder of the rights on the created work, which has to be subjected to a contract for transfer of copyright, unless in the case of the creation of collective works, for which the employer is the holder of the rights.
The service provision contract is different from the order contract because of the existence of activities not entering into the field of the Maison des Artistes and that Brigitte Morillon carries out under the trademark L’Art in Business©.
The transfer of copyright contract is made between the author (or the authors, or their backer) and the person who wishes to exploit the rights. In exchange for the transfer, the author receives a payment (proportional in principle to the revenue obtained from the exploitation of the work). The transferee has to respect the moral right of the author. The transfer has to be limited in time, and to stipulate the payment for each type of exploitation. Not realizing a “transfer of copyright contract” does not exempt the parties from implementing the Copyright obligations.