Intellectual property contracts
The importance of a good contract
Many people think that a written contract is just a formality and can be reduced to a “standard document”. Although the latter is true in some cases, this is by no means the case for a contract that regulates a long-term partnership.
Our experience
Since the beginning of his career, Emmanuel has drafted, handled or negotiated more than 10,000 contracts. Below is a list of the types of contracts we most frequently deal with:
Courtesy of the artist and Xavier Hufkens, Brussels
Music contracts
Artist contract, license contract, distribution contract, 360-degree contract, producer contract, video contract, remix contract, sample or synchronization license, publishing contract, recording or capturing contract, broadcasting contract, management contract, booking contract, session musicians contract and contract for making photos or artwork.
Courtesy of the artist and Xavier Hufkens, Brussels
Music contracts
Artist contract, license contract, distribution contract, 360-degree contract, producer contract, video contract, remix contract, sample or synchronization license, publishing contract, recording or capturing contract, broadcasting contract, management contract, booking contract, session musicians contract and contract for making photos or artwork.
Audiovisual contracts
(Co)author agreements for writers, adapters, scriptwriters, directors, graphic designers and composers, synchronisation agreements for use of existing music, development agreements (synopsis/bible), production and co-production agreements, format licence, contracts for actors and extras, as well as various licences for use of locations, objects and brands in production.
Audiovisual contracts
(Co)author agreements for writers, adapters, scriptwriters, directors, graphic designers and composers, synchronisation agreements for use of existing music, development agreements (synopsis/bible), production and co-production agreements, format licence, contracts for actors and extras, as well as various licences for use of locations, objects and brands in production.
Visual Art and performances
Exhibition contact, performance contract, consignment, auctions, exclusivity contract between artist and gallery, purchase contract and loan agreement.
Visual Art and performances
Exhibition contact, performance contract, consignment, auctions, exclusivity contract between artist and gallery, purchase contract and loan agreement.
IP licenses
Copyright transfers, trademark licenses and ‘co-existence’ agreements, software development and licensing, format licenses, design production agreements.
Installation view ‘It won’t last forever (or maybe it will)’ by Ben Edmunds at Tatjana Pieters, Ghent (BE), 2021
Image © Dirk Pauwels
Courtesy of the artist and Tatjana Pieters, Ghent
Courtesy of the artist and Xavier Hufkens, Brussels
Negotiations
Many agreements contain the same elements that are at the heart of any negotiation: scope and (whether or not) exclusivity, royalty rates, advance payment, release or delivery obligations, duration and territory of exploitation, and provisions on termination of the agreement. Our sector knowledge gives us an insight into the various sensitivities, negotiation margins and risks. In addition, a contract must be legible: how can it be correctly complied with if it’s not clear? It must also include the necessary safeguards. No contract can repair a breach of trust, but it can provide protective measures and exit scenarios for when things go wrong.
Installation view ‘It won’t last forever (or maybe it will)’ by Ben Edmunds at Tatjana Pieters, Ghent (BE), 2021
Image © Dirk Pauwels
Courtesy of the artist and Tatjana Pieters, Ghent
IP licenses
Copyright transfers, trademark licenses and ‘co-existence’ agreements, software development and licensing, format licenses, design production agreements.
Courtesy of the artist and Xavier Hufkens, Brussels
Negotiations
Many agreements contain the same elements that are at the heart of any negotiation: scope and (whether or not) exclusivity, royalty rates, advance payment, release or delivery obligations, duration and territory of exploitation, and provisions on termination of the agreement. Our sector knowledge gives us an insight into the various sensitivities, negotiation margins and risks. In addition, a contract must be legible: how can it be correctly complied with if it’s not clear? It must also include the necessary safeguards. No contract can repair a breach of trust, but it can provide protective measures and exit scenarios for when things go wrong.