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

Moral Rights Waiver Agreement

This Moral Rights Waiver Agreement ("Agreement") is made and entered into as of [Date] by and between [Artist Full Name], residing at [Artist Address] ("Artist"), and [Client Full Name], residing at [Client Address] ("Client").

1. Introduction

This Agreement sets forth the terms and conditions under which Artist agrees to waive certain moral rights in connection with a commissioned work of art ("Work") to be created by Artist for Client.

2. Commissioned Work

2.1. Artist agrees to create the Work, which shall consist of [Description of the Work].

2.2. The Work shall be delivered to Client on or before [Date].

3. Moral Rights Waiver

3.1. Artist hereby waives all moral rights in the Work, including but not limited to:

  • The right of attribution: Artist waives the right to be identified as the creator of the Work, and Client may use the Work without attributing it to Artist.

  • The right of integrity: Artist waives the right to object to any modification, alteration, or distortion of the Work that may be prejudicial to Artist's honor or reputation.

  • The right of disclosure: Artist waives the right to object to the public disclosure of the Work, including any reproduction, distribution, or exhibition of the Work.

3.2. Artist acknowledges and agrees that Client shall have the exclusive right to use, reproduce, distribute, exhibit, and otherwise exploit the Work in any manner Client deems fit, without any further consent or approval from Artist.

3.3. Artist acknowledges and agrees that Client may modify, alter, or distort the Work in any manner Client deems fit, without any further consent or approval from Artist.

3.4. Artist acknowledges and agrees that Client may disclose the Work to the public in any manner Client deems fit, without any further consent or approval from Artist.

4. Consideration

4.1. In consideration of Artist's waiver of moral rights in the Work, Client agrees to pay Artist the sum of [Amount] upon delivery of the Work.

5. Entire Agreement

5.1. 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.

6. Governing Law

6.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

7. Severability

7.1. 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.

8. Notices

8.1. 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 mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to Artist: [Artist Full Name] [Artist Address]

If to Client: [Client Full Name] [Client Address]

9. Waiver

9.1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other or subsequent breach.

10. Binding Effect

10.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

11. Counterparts

11.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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

Artist:

[Artist Signature]

[Artist Printed Name]

Client:

[Client Signature]

[Client Printed Name]

Table of Contents

  1. Introduction

  2. Commissioned Work

  3. Moral Rights Waiver

  4. Consideration

  5. Entire Agreement

  6. Governing Law

  7. Severability

  8. Notices

  9. Waiver

  10. Binding Effect

  11. Counterparts

TLDR

This agreement outlines the terms and conditions under which an artist waives their moral rights in a commissioned work of art. The artist waives the right to be identified as the creator, the right to object to modifications, and the right to object to public disclosure. In exchange, the client agrees to pay the artist a specified sum upon delivery of the work.

Sources

  • Copyright Act, 2001

  • Visual Artists Rights Act (VARA) of 1990

Case Laws

  • The case of Castillo v. G&M Realty L.P. (2021): This case involved a dispute over the destruction of a mural painted by an artist on a building owned by the defendant. The Second Circuit Court of Appeals held that the artist had a right to prevent the destruction of the mural under VARA. This case highlights the importance of moral rights in protecting the integrity of an artist's work.

  • The case of 5Pointz v. Wolkoff (2020): This case involved a group of graffiti artists who sued a developer for destroying their artwork without their consent. The court awarded the artists $6.75 million in damages, finding that the developer had violated the artists' moral rights under VARA. This case demonstrates the potential financial consequences of violating an artist's moral rights.



Sample Moral Rights Waiver Agreement

This Moral Rights Waiver Agreement ("Agreement") is made and entered into as of [Date] by and between [Artist Full Name], residing at [Artist Address] ("Artist"), and [Client Full Name], residing at [Client Address] ("Client").

1. Introduction

This Agreement sets forth the terms and conditions under which Artist agrees to waive certain moral rights in connection with a commissioned work of art ("Work") to be created by Artist for Client.

2. Commissioned Work

2.1. Artist agrees to create the Work, which shall consist of [Description of the Work].

2.2. The Work shall be delivered to Client on or before [Date].

3. Moral Rights Waiver

3.1. Artist hereby waives all moral rights in the Work, including but not limited to:

  • The right of attribution: Artist waives the right to be identified as the creator of the Work, and Client may use the Work without attributing it to Artist.

  • The right of integrity: Artist waives the right to object to any modification, alteration, or distortion of the Work that may be prejudicial to Artist's honor or reputation.

  • The right of disclosure: Artist waives the right to object to the public disclosure of the Work, including any reproduction, distribution, or exhibition of the Work.

3.2. Artist acknowledges and agrees that Client shall have the exclusive right to use, reproduce, distribute, exhibit, and otherwise exploit the Work in any manner Client deems fit, without any further consent or approval from Artist.

3.3. Artist acknowledges and agrees that Client may modify, alter, or distort the Work in any manner Client deems fit, without any further consent or approval from Artist.

3.4. Artist acknowledges and agrees that Client may disclose the Work to the public in any manner Client deems fit, without any further consent or approval from Artist.

4. Consideration

4.1. In consideration of Artist's waiver of moral rights in the Work, Client agrees to pay Artist the sum of [Amount] upon delivery of the Work.

5. Entire Agreement

5.1. 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.

6. Governing Law

6.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.

7. Severability

7.1. 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.

8. Notices

8.1. 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 mail, return receipt requested, or sent by overnight courier service, addressed as follows:

If to Artist: [Artist Full Name] [Artist Address]

If to Client: [Client Full Name] [Client Address]

9. Waiver

9.1. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other or subsequent breach.

10. Binding Effect

10.1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

11. Counterparts

11.1. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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

Artist:

[Artist Signature]

[Artist Printed Name]

Client:

[Client Signature]

[Client Printed Name]



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