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Draft a moral rights waiver agreement for an artist's commissioned work
Moral Rights Waiver Agreement for an Artist's Commissioned Work
Table of Contents
Introduction
Definitions
Scope of the Agreement
Waiver of Moral Rights
Artist's Rights and Obligations
Commissioner's Rights and Obligations
Termination
Governing Law
Dispute Resolution
Miscellaneous Provisions
Signatures
1. Introduction
This Moral Rights Waiver Agreement ("Agreement") is made and entered into on [Date], by and between:
[Artist's Full Name], an individual residing at [Artist's Address] ("Artist"), and
[Commissioner's Full Name], an individual/corporation with a principal place of business at [Commissioner's Address] ("Commissioner").
The Artist and the Commissioner are collectively referred to as the "Parties" and individually as a "Party."
2. Definitions
For the purposes of this Agreement, the following terms shall have the meanings set forth below:
"Work": The artistic work created by the Artist as commissioned by the Commissioner, described in detail in Exhibit A attached hereto.
"Moral Rights": The rights of attribution, the right to have the Work published anonymously or pseudonymously, and the right to the integrity of the Work, as recognized under the Copyright Act, Cap 130 of the Laws of Kenya.
"Commissioned Work": The specific artistic work created by the Artist at the request of the Commissioner.
3. Scope of the Agreement
This Agreement pertains to the waiver of the Artist's Moral Rights in the Commissioned Work. The Artist agrees to waive certain Moral Rights as specified in this Agreement, and the Commissioner agrees to the terms and conditions set forth herein.
4. Waiver of Moral Rights
4.1 Waiver: The Artist hereby irrevocably waives, in favor of the Commissioner, all Moral Rights in the Commissioned Work, including but not limited to:
The right to be identified as the author of the Work.
The right to object to any distortion, mutilation, or other modification of the Work that would be prejudicial to the Artist's honor or reputation.
The right to withdraw the Work from the public domain.
4.2 Extent of Waiver: This waiver applies to all uses of the Commissioned Work, including but not limited to reproduction, distribution, public display, and the creation of derivative works.
5. Artist's Rights and Obligations
5.1 Creation of Work: The Artist agrees to create the Commissioned Work in accordance with the specifications provided by the Commissioner, as detailed in Exhibit A.
5.2 Delivery: The Artist shall deliver the completed Work to the Commissioner by [Delivery Date].
5.3 Warranty: The Artist warrants that the Work is original and does not infringe upon the rights of any third party.
6. Commissioner's Rights and Obligations
6.1 Payment: The Commissioner agrees to pay the Artist a total fee of [Amount] for the creation of the Work, payable as follows: [Payment Terms].
6.2 Use of Work: The Commissioner shall have the right to use the Work in any manner, including but not limited to reproduction, distribution, public display, and the creation of derivative works.
6.3 Credit: The Commissioner agrees to credit the Artist as the creator of the Work in all instances where the Work is used, unless otherwise agreed in writing.
7. Termination
7.1 Termination by Mutual Agreement: This Agreement may be terminated by mutual written consent of both Parties.
7.2 Termination for Breach: Either Party may terminate this Agreement upon written notice to the other Party if the other Party breaches any material term of this Agreement and fails to cure such breach within [Number] days after receiving written notice thereof.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
9. Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved through mediation. If mediation fails, the dispute shall be submitted to arbitration in accordance with the rules of the Chartered Institute of Arbitrators, Kenya Branch. The decision of the arbitrator shall be final and binding on both Parties.
10. Miscellaneous Provisions
10.1 Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations, whether oral or written.
10.2 Amendments: Any amendments to this Agreement must be in writing and signed by both Parties.
10.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.4 Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the mail, postage prepaid, addressed to the respective Party at the address set forth above.
11. Signatures
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.
Artist:
[Artist's Full Name]
[Date]
Commissioner:
[Commissioner's Full Name]
[Date]
Exhibit A: Description of the Commissioned Work
[Detailed description of the Work, including dimensions, materials, and any specific requirements or instructions provided by the Commissioner.]
Conclusion
This Moral Rights Waiver Agreement ensures that the Artist waives certain moral rights in favor of the Commissioner, allowing the Commissioner to use the commissioned work freely. It also outlines the rights and obligations of both parties, providing a clear framework for the creation and use of the commissioned work.
TLDR
A Moral Rights Waiver Agreement allows an artist to waive certain rights in their commissioned work, enabling the commissioner to use the work freely. This agreement outlines the rights and obligations of both parties and ensures compliance with Kenyan law.
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