kemar
October 6th, 2009, 11:20 AM
Hi,
I'm sorry if the question already has been asked several times, I did a search and did'nt find any answer.
Here's my problem. I'm French and I'm supposed to work on an illustrated book for a UK/Us publisher, paid on a flat fee basis, without any royalty. The illustrations will be used on many others products like tee-shirts, mugs, puzzles etc, etc...All the merchandising stuff related to the book. There're some points that look quite weird to me, but as a French I'm not sure weither they're correct/honest or not.
Here they are, X being the client:
""1.For the sake of clarity, Artist also guarantees that Artist is and will be entitled to assign to X all the rights in The Work including copyright, design right, patents, trade marks, patent rights, database right and similar rights whether registerable or not (“Intellectual Property Rights”)
2. In due consideration of Artist’s right to receive the Fee Artists agrees to assign to X(with full title guarantee) upon creation, all Intellectual Property Rights in the Work. That includes the exclusive right to do and to authorise others to do any and all acts in relation to The Work throughout the World.
3. Artist also waives any so called moral rights in The Work and therefore grants to X total and unlimited rights to use The Work for all purposes and in any manner X thinks fit.
4. X will use reasonable efforts to ensure that Artist is credited as the creator of the Artworks with each use made of them."
"
Please let me know if it is a standard contract, if that client is just trying to fool me. Thanks a lot for your help.
I'm sorry if the question already has been asked several times, I did a search and did'nt find any answer.
Here's my problem. I'm French and I'm supposed to work on an illustrated book for a UK/Us publisher, paid on a flat fee basis, without any royalty. The illustrations will be used on many others products like tee-shirts, mugs, puzzles etc, etc...All the merchandising stuff related to the book. There're some points that look quite weird to me, but as a French I'm not sure weither they're correct/honest or not.
Here they are, X being the client:
""1.For the sake of clarity, Artist also guarantees that Artist is and will be entitled to assign to X all the rights in The Work including copyright, design right, patents, trade marks, patent rights, database right and similar rights whether registerable or not (“Intellectual Property Rights”)
2. In due consideration of Artist’s right to receive the Fee Artists agrees to assign to X(with full title guarantee) upon creation, all Intellectual Property Rights in the Work. That includes the exclusive right to do and to authorise others to do any and all acts in relation to The Work throughout the World.
3. Artist also waives any so called moral rights in The Work and therefore grants to X total and unlimited rights to use The Work for all purposes and in any manner X thinks fit.
4. X will use reasonable efforts to ensure that Artist is credited as the creator of the Artworks with each use made of them."
"
Please let me know if it is a standard contract, if that client is just trying to fool me. Thanks a lot for your help.