The Copyright Contract For Artists is essential for professional artists operating in Malaysia who wish to formally license or transfer their copyright interests while maintaining appropriate control over their creative works. This document is structured in accordance with Malaysian copyright law, particularly the Copyright Act 1987, and provides a comprehensive framework for protecting artists' intellectual property rights while facilitating commercial exploitation of their works. It becomes necessary when artists enter into professional relationships with galleries, publishers, or other entities that wish to reproduce, distribute, or display their artwork. The contract addresses crucial aspects such as scope of rights granted, territory, duration, compensation, and attribution requirements, while ensuring compliance with both local and international copyright conventions to which Malaysia is a signatory.
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1. Parties: Identification of the Artist and the Licensee/Publisher with full legal names and addresses
2. Background: Context of the agreement, brief description of the artistic works involved, and the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement including 'Artistic Works', 'Copyright', 'Territory', and 'Term'
4. Grant of Rights: Specific rights being granted by the artist, including reproduction, distribution, and display rights
5. Term and Territory: Duration of the agreement and geographical scope of the rights granted
6. Ownership and Attribution: Confirmation of copyright ownership, moral rights, and requirements for artist attribution
7. Compensation: Payment terms, royalty rates, and payment schedule
8. Delivery and Acceptance: Requirements for delivery of artwork and acceptance criteria
9. Representations and Warranties: Artist's warranties regarding originality and non-infringement
10. Termination: Conditions for termination and consequences thereof
11. Governing Law: Specification of Malaysian law as governing law and jurisdiction
1. Digital Rights: Include when the agreement covers digital reproduction or online display of artworks
2. Merchandising Rights: Include when artwork may be used on merchandise or promotional materials
3. Exhibition Rights: Include when addressing physical display rights in galleries or exhibitions
4. Exclusivity: Include when granting exclusive rights to the licensee
5. Sub-licensing: Include when licensee is permitted to sub-license the artwork
6. Moral Rights Waiver: Include when certain moral rights need to be waived (subject to Malaysian law)
7. Marketing and Promotion: Include when specific marketing obligations or restrictions apply
8. Insurance: Include when valuable original artwork is involved requiring specific insurance coverage
1. Schedule A - Artwork Specifications: Detailed description and specifications of all artistic works covered by the agreement
2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different uses and territories
3. Schedule C - Delivery Schedule: Timeline and specifications for artwork delivery and acceptance
4. Appendix 1 - Reproduction Guidelines: Technical specifications for artwork reproduction
5. Appendix 2 - Attribution Requirements: Specific requirements for crediting the artist in various contexts
6. Appendix 3 - Approved Uses: List of pre-approved uses and formats for the artwork
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