Creations and entertainment

Arts and books

Writing a book or creating a work of art is demanding work. But it's not the only step in making a work known to the public.

The process is long and complex. In the case of books, for example, the manuscript must pass through the hands of a publisher, a distributor and then the various stores in which it will be sold.

During these various stages, many questions will arise, such as :

  • How many prints are required?
  • What happens to these prints if they are not sold?
  • What form do these prints take?
  • Should the author receive an advance? Guaranteed or not?
  • Under what conditions?
  • Is it necessary to assign / obtain audiovisual adaptation rights for a work?
  • What can I collect from collecting societies?
  • How much do you pay for an electronic book (E-Book)? On what basis?

In the case of works of art and plastic art, the question is:

  • Who is responsible for transporting the work?
  • Where will it be displayed?
  • In what context?
  • What explanatory text is needed to describe the work?

MOSAIK supports authors, publishers, gallery owners and distributors in all these areas, helping them to draw up and negotiate contracts.

In addition to the advice and rules applicable to all works and content producers, the literary and artistic sector is governed by specific rules and practices that need to be known and understood (e.g. manuscript delivery procedures, sums to be paid in advance, fate of the material support, etc.).

MOSAIK and its lawyers can help you protect and negotiate in your best interests.

We can assist you in drafting, reviewing and negotiating all contracts in this area.
  • Rights assignment contract
  • Publishing contracts
  • Work production contract
  • Editorial preference contract
  • Audiovisual adaptation rights assignment contract
  • Exhibition organization contract
  • Ordering contract
  • Pen-lending contract
  • Sub-publishing contract
  • Agent / manager contract
  • Catalog administration contract
  • Distribution agreement

These contracts are subject to very specific clauses such as :

  • Clauses relating to publication: these clauses stipulate how the format, presentation, cover, title, banner, selling price and on-sale date are to be decided. These elements are generally very important, as they determine the target market and, in some cases, the very success of a book.
  • Clauses relating to the rendering of accounts: these clauses correspond to the terms of communication of the elements of exploitation of the works. In particular, they make it possible to check that the amounts paid are correct, and also to see which distribution channels are profitable. In concrete terms, these clauses make it possible to check that the rights holder is correctly exploiting the works, and sometimes also the rights deriving from them (e.g. merchandising).

In addition to negotiation, MOSAIK can help you manage your relations with collecting societies, the key bodies for managing your copyrights. In literary and artistic matters, the relevant organizations include :

  • Society of Authors in the Graphic and Plastic Arts (ADAGP)
  • French Center for the Exploitation of Copyrights (CFC)
  • French Society for the Interests of Authors of the Written Word (SOFIA)
  • Société civile des éditeurs de langue française (SCELF)
  • Society of Game Authors (SAJE)
  • Société des arts visuels associés (AVA)
In the event of an infringement of your rights or a claim by a third party, MOSAIK can assist you with various legal actions
  • Mise en demeure (formal notice): pre-litigation act designed to record a situation and, in particular, to request measures such as compensation for damage, the cessation of a behavior or the communication of a document.
  • Sommation de faire ou de communiquer (summons to do or communicate): pre-litigation act aimed at demanding documents or the performance of acts.
  • Constat d'huissier (bailiff's affidavit): an act designed to freeze a situation at a given moment and provide quasi-incontestable proof of it.
  • Seizure for counterfeiting: judicial act authorizing the seizure of various objects for the purpose of gathering evidence for future litigation.
  • Requête Premier Président: judicial act aimed at requesting extraordinary measures from the President of a court, such as an early hearing.
  • Request for authorization to take precautionary measures: judicial act authorizing the implementation of measures to ensure the recovery of a debt (e.g. mortgage, pledge of a business, precautionary seizure of funds in a bank account, etc.).
  • Summons: act initiating litigation before a civil court
  • Submissions in reply: document summarizing a party's arguments of fact and law and its claims.
  • Injonction de payer / injonction de faire: simplified procedure to obtain payment of a sum or performance of various acts.