Arts and books
The writing of a book or the accomplishment of an artistic work is a demanding work. Yet, it is not the only stage for a work to be known to the public.
It is a lengthy and complex process. Accordingly, for books, the manuscript must be sent to an editor, then to the various stores in which the books shall be sold.
During these different stages, it is necessary to ask the following questions:
- How many copies are required?
- What shall be done with these copies if they are not sold?
- What form shall be used for these copies?
- Shall the author benefit from an advance? Guaranteed or not?
- Under what conditions?
- Is it necessary to assign / immediately obtain the audiovisual adaptation rights of a work?
- What can I receive from collective management companies?
- What remuneration for an E-Book? Calculated on what basis?
For art works and plastic works, the following questions should be asked:
- Who shall assume the transport of the work?
- Where shall it be presented?
- In what context?
- What explanatory statement should be provided to describe the work?
MOSAIK accompanies the authors, editors, gallery owners and distributors on these different points, by assisting them with the drafting and negotiation of agreements.
In addition to the advice and rules applicable to any works and to all content producers, the literary and artistic sector applies specific rules and practices which should be known and fully understood (for example: the terms for the submission of the manuscript, amounts to be deducted / advances, outcome of the material support, etc.)
MOSAIK and its attorneys shall assist you in order to negotiate, to best protect your interests.
- Assignment of rights agreements
- Edition agreements
- Work production agreements
- Editorial preference agreements
- Assignment of audiovisual adaptation rights agreements
- Exhibition organization agreements
- Commission agreements
- Ghost-writing agreements
- Sub-edition agreements
- Agent / manager agreements
- Catalogue administrative management agreements
- Distribution agreements
These agreements are subject to very specific clauses, such as:
- Clauses relating to the means of publications: these clauses provide for the means of decision for the format, presentation, cover, title, banner, the sale price, the date of the sale offering. These elements are generally very important as they determine the market targeted and, in some cases, even the success of a book.
- Clauses relating to the verification of accounts: these clauses correspond to the means of communication of exploitation elements of the works. In particular, they enable a verification that the amounts paid are correct and also to identify the most profitable distribution channels. In practice, these clauses enable a verification that the assign correctly exploits the works and also, on certain occasions, the resulting rights (for example: merchandising)
Besides the negotiation, MOSAIK shall accompany you in the management of your relations with the collective management companies, essential bodies for the management of your copyrights. In the literary and artistic sector, the competent bodies include:
- Society of authors in the graphic and plastic arts (ADAGP)
- French center for the exploitation of copyright (CFC)
- Society for the interests of manuscript authors (SOFIA)
- Civil society for editors of the French language (SCELF)
- Society for games designers (SAJE)
- Society for associated visual arts (AVA)
- Formal notice: instrument intending to confirm a situation and, in particular, request measures such as indemnification of a prejudice, cessation of a practice or the communication of a document
- Summons to accomplish or communicate: pre-litigation instrument used to require documents or the accomplishment of deeds
- Bailiff report: instrument used to establish a situation at a given time, to constitute the substantive and almost uncontestable evidence of unlawful actions.
- Confiscation of works infringing copyright: judicial deed authorizing the seizure of different items in order to constitute evidence with a view to subsequent litigation
- Senior President Petition: judicial deed used to request extraordinary measures from the President of a jurisdiction, such as, for example, a hearing at an earlier date
- Petition in order to be authorized to use protective measures: judicial deed authorizing the implementation of measures for the recovery of a receivable (for example: mortgage, pledge of a business, interlocutory seizure of funds on a bank account, etc.)
- Court summons: instrument for the initiation of litigation before a civil court
- Submissions in response: deed summarizing the grounds in fact and in law and the Party’s claims.
- Payment order / accomplishment order: simplified procedure in order to obtain the payment of an amount or the accomplishment of various actions.