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Law Educator, Esq.
Law Educator, Esq., Attorney
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Hi Paul, If I want to convey a sculpture but retain all copyright,

Resolved Question:

Hi Paul,
If I want to convey a sculpture but retain all copyright, how do I phrase that in a contract? What is their ownership called? Also, where do I find infomration about typical royalties associated with commercial usage of the sculpture? Images of this work will likely be sold on pictures and t-shirts. It is also possible that miniature replicas will be sold.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
In the contract of sale, you would state, "seller/artist retains all copyrights to the sculptured work, including the rights to any derivative works made from the sculpture including but not limited to photographic representations or replicas of the work. Buyer agrees that they may not make any use or derivative use of the work without express written consent of the seller/artist." You also need to state that "any derivative works require written consent of the artist and royalties or payments for that use will be negotiated under a separate written agreement."


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Customer: replied 1 year ago.


That was a GREAT answer, very clear and succinct! Thank you.


 


Where can I find some typical royalty rates for such derivative works?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. The problem with royalty rates on this type of thing you would have to check with the different art societies, since they vary based on the type of works and the type of derivative work that is being made. Typically, it depends on how many derivative works will be sold and royalties can run from 20% or so for very few works to be sold down to 1% for a very large number of works to be sold.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88650
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Law Educator, Esq. and 4 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.


How do I describe their ownership upon payment in full - for example, I get 3 partial payments during the sculpture process and at the end they own the work but I retain the copyright and will be receiving future royalties. I'm reluctant to say "final payment" or "payment in full" when I'm anticipating future royalty payments. What's the best way to word this?

Expert:  Law Educator, Esq. replied 1 year ago.
They own the rights to display and possess the sculpture only. You would state that upon receipt of payment for the sculpture in full (you can say that) you retain all copyright rights as I said above. That is fine.

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