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Draft a moral rights waiver agreement for an artist's commissioned work

Moral Rights Waiver Agreement

Table of Contents

1. Introduction

2. Definitions

3. Waiver of Moral Rights

4. Representations and Warranties

5. Indemnification

6. Governing Law and Jurisdiction

7. Entire Agreement

8. Severability

9. Notices

10. Waiver of Jury Trial

Introduction

This Moral Rights Waiver Agreement ("Agreement") is made and entered into as of [DATE] by and between [ARTIST NAME], residing at [ARTIST ADDRESS] ("Artist"), and [COMMISSIONER NAME], residing at [COMMISSIONER ADDRESS] ("Commissioner").

Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

• "Commissioned Work" means the original work of art created by the Artist pursuant to the terms of this Agreement.

• "Moral Rights" means the rights of the Artist, as set forth in the Copyright Act, 2001, to:

  • Attribution: The right to be identified as the author of the Commissioned Work.

  • Integrity: The right to object to any distortion, mutilation, or other modification of the Commissioned Work that would be prejudicial to the Artist's honor or reputation.

Waiver of Moral Rights

The Artist hereby irrevocably waives all of the Artist's Moral Rights in and to the Commissioned Work, including but not limited to the rights of attribution and integrity, in favor of the Commissioner. The Artist acknowledges and agrees that the Commissioner shall have the exclusive right to use, reproduce, modify, adapt, publish, distribute, and exploit the Commissioned Work in any manner whatsoever, without any obligation to the Artist.

Representations and Warranties

The Artist represents and warrants to the Commissioner that:

• The Artist is the sole and exclusive owner of all right, title, and interest in and to the Commissioned Work, including all Moral Rights.

• The Artist has the full right, power, and authority to enter into this Agreement and to grant the rights and licenses herein granted.

• The Commissioned Work does not infringe upon the rights of any third party.

Indemnification

The Artist agrees to indemnify, defend, and hold harmless the Commissioner from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach of the Artist's representations and warranties contained herein, or any infringement of the rights of any third party by the Commissioned Work.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Kenya.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to the Artist: [ARTIST NAME] [ARTIST ADDRESS]

If to the Commissioner: [COMMISSIONER NAME] [COMMISSIONER ADDRESS]

Waiver of Jury Trial

The parties hereby waive their right to a jury trial in any action or proceeding arising out of or relating to this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[ARTIST SIGNATURE]

[ARTIST NAME]

[COMMISSIONER SIGNATURE]

[COMMISSIONER NAME]

Sources:

• Copyright Act, 2001: This Act defines and protects the rights of authors, including moral rights.

• The Constitution of Kenya, 2010: This document establishes the legal framework for the protection of intellectual property rights in Kenya.

Note: This is a sample agreement and may not be suitable for all situations. It is recommended that you consult with a legal professional to ensure that the agreement is appropriate for your specific needs.