Is this a good, sound and fair contract?
Peter H.M. Brooks
Preamble
This contract shall be binding under the law of the country of sale of
the work of art and under the law of all future countries in which this
work may be sold in future. It is intended to reward the artist, and the
estate of the artist for his or her work in perpetuity. The current
owner of the painting is not constrained in fee negotiation or ultimate
returns apart from the terms of this contract.
Terms
1. The copyright of the artwork vests with the artist, or the estate of
the artist in perpetuity.
2. If the artwork, or a part of it, is ever sold, given, bequeathed, or
in any other manner passed on to another person, company, association or
other entity the receiving party shall be subject to this contract with
no exception. No negotiation of the terms of this contract shall ever be
admitted no matter what the consideration might be.
3. On any change of ownership the artist shall be informed of the name,
address and contact details as well as the DOMICILIUM CITANDI ET
EXECUTANDI of the seller and purchaser or agent of the purchaser. A fee
of 10% of the total amount, by sale, barter, auction or other means of
sale, including gift (the transfer value will be established by
independent insurance valuation if unclear for any reason) shall be
payable to the artist at the time of exchange of the work, or at time of
the ratification of the sale, whichever is the earlier.
4. Subject to the applicable law of copyright any reproduction of the
work, in photography, film, electronic reproduction, or any other means,
shall be subject to this contract where the approval of the artist must
be sought and a negotiable fee agreed, not less than 10% of the value of
the work to the campaign, decided as the proportion of the sale, or
anticipated sale, of the work, or reproduction of the work or part
thereof or, if an advertising or other campaign, the actual (if known)
or projected value of the work to the overall project envisaged or
actually carried out (independently assessed). Should the campaign for
which the work is used not achieve its projected result the fee shall
still be payable. If the actual return is higher than anticipated, then
the fee shall be based on 10% of the actual return. The fee shall be
decided upon the ultimately achieved return. (so, for example a film
contract shall pay based on final returns on top of initial
expectations). Partial payments based on initial expectations and actual
results shall be agreed between the artist and other parties so as to
maximise the return to the artist. Anticipated fees shall be payable at
the onset of the agreement.
5. Should a sale, or other any sort of transfer, be anticipated in
which the return will be less than or equal to the immediately previous
sale price (that is the price realised at the last change of ownership)
then the artist, or the estate of the artist, will have first refusal,
that is the right to re-purchase the work at the immediately previous
price.
6. The artist, in concordance with the law of copyright, shall have the
right to refuse exhibition of the work or part thereof, in public or in
private, if it is demeaning, undermining, obscene or in any other way
likely to reduce the status or standing or repute of the artist. This
clause to be determined by the law of the land and the sensitivity of
the artist or independent panel selected by the artist. The artist
retains the right to repossess the work if not consulted under the terms
of this agreement - for a consideration not more than the actual
original purchase price from the artist.
7. The purchaser takes responsibility to inform the original artist of
any possible implications of any action imagined or taken in terms of
this contract.
8. The owner of the work undertakes to insure the work sufficiently to
compensate the artist for any loss of earnings possible from the terms
of this contract.
--
Madness is rare in individuals-but in groups, parties, nations and ages
it rules.
- Fredrich Nietzsche
Marshall Rice
No.
--
Marshall Rice
Paul Burridge
<Mars...@marshallrice.co.uk> opined thusly:
>No.
That's what I like to see: a concise answer!
:-)
--
"Generally speaking, women are and remain the most downright and
incurable Philistines." - Schopenhauer, 'Parerga & Paralipomena' vol.II
Marshall Rice
<p...@osiris1.co.uk> writes
>On Sat, 7 Apr 2001 00:50:30 +0100, Marshall Rice
><Mars...@marshallrice.co.uk> opined thusly:
>
>>No.
>
>That's what I like to see: a concise answer!
>:-)
The cost of satellite calls and the appalling data rate (2800 baud) is a
wonderful disincentive to undue verbosity when accessing Usenet from
far-flung corners of the globe.
But for that, I would have said that the contract in question was a
masterpiece of creative draftsmanship: a document purporting to have
international effect, yet which is invalid in just about every civilised
jurisdiction on the planet.
--
Marshall Rice