Physical
property
(optional)
Ownership
of the original drawing, made up of paper and colour,
i.e. the physical, tangible object. I usually keep
my live drawings unless my client chooses to buy
them all (for a fixed amount, agreed in advance
or after the event) or a selection (to give as souvenirs,
for example). A word of warning: giving or selling
an original does not equate to a total or partial
assignment of the rights to its reproduction, since
these come under intellectual property.
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Intellectual
property
This
is a more complex concept which itself includes
an economic component (consisting of reproduction
and representation rights, grouped together under
the term 'right of use') and a moral component
(including the right of disclosure, the right
of authorship, the right of withdrawal and, finally,
the right to the integrity of the work).
Economic
rights
(optional)
These
are transferable and have a limited duration.
In our case (independently from the selling
or giving of the originals, i.e., the physical
work), I retain the right to use the drawings
produced live, unless we explicitly agree
to a partial or total assignment of the author's
rights, as set out on the invoice. This is
the subject of the agreement for the acquisition
of restricted rights and the option for 'assignment
of extended rights'.
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Moral
rights
(reserved)
These
are restricted, inalienable and imprescriptible.
In practice, this means that, whoever has
the original, and whatever the extent to which
reproduction rights have been assigned, I
remain the author of my work and can disseminate
it (except if they contain confidential information)
and withdraw its use. As a consequence, any
alteration, distortion, misappropriation,
plagiarism, publication without the signature
or outside of the scope provided for, etc.,
is forbidden.
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