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Modele de document et de lettre : Contrat de contribution à une oeuvre multimédia

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Multimedia Work Agreement

[FORME JURIDIQUE DE LA SOCIETE], a limited liability company under the laws of [LIEU ETABLISSEMENT], registered office in [ADRESSE SIEGE SOCIAL], represented by Mr. [NOM AUTEUR] in his capacity as Managing Director, hereinafter called, “the Author”,


[FORME JURIDIQUE DE LA SOCIETE], a limited liability company under the laws of [LIEU ETABLISSEMENT] registered office, in [ADRESSE SIEGE SOCIAL], represented by Mr. [PRODUCTEUR] in his capacity as CEO, hereinafter called “the Producer”,

The Producer wishes to create an interactive multimedia work and wishes to ask the Author to contribute to it, in consideration of the promises and mutual covenants and Agreements.
Definition - Interactive Multimedia work
Interactive Multimedia work shall mean the graphic user interface, text, images, music and other material of the work developed by Author under this Agreement to implement the work.
Now, therefore, in consideration of the promises and mutual covenants and Agreements set forth herein, the Author and the Producer agree as follows:
Article 1 – Object
The Author undertakes to grant to the Producer, within the limits laid down in section 2.5, the right to use the work described hereinafter for the creation of a multimedia work such as:
        Interactive scenario
        Graphic creation
        Development of the multimedia work defined hereunder in appendix [NUMERO D' ANNEXE]. In consideration thereof, the producer undertakes to pay the Author the remuneration agreed hereinafter (Article 3).
If the Producer relinquishes in writing the right to use the work submitted, the Author is entitled to use it for other purposes even before the expiry of the deadline laid down in Art. 2.5. In this case, the Producer is entitled to reimbursement of half the remuneration agreed in Art. 2.6. This sum is payable when the new contract is concluded, but no later than the beginning of delivery of the work.
Article 2 - Rights in the Work
2.1. The Author guarantees to the Producer that it has all the rights in the work mentioned, and in particular the rights necessary for the creation of a derived work if the multimedia work is based on a pre-existing work. The author releases the Producer from any claim from third parties on the rights to the script and which might arise as part of a use covered by the provisions of the contract.
2.2. The Author assigns to the Producer without limitation of either time or space the right to release on CD ROM PC/ CD ROM MAC / CD ROM PC/MAC / floppy disk 1.4 MO / CD-I / DVD the work it has created, to use it to make a multimedia work and also to translate it and reproduce it for that purpose. For a period of 15 (fifteen) years from the date of signing this contract, this assignment is granted on an exclusive basis. It does not include the authorization to create another work of the same kind after the multimedia work has been released (remake). The Author’s moral rights and the rights to remuneration granted to an Authors’ Rights Society are reserved.
During the making of the multimedia work, the Producer is entitled to adapt the work if needed. In particular, the title of the multimedia work does not necessarily have to correspond with the title of the work. However, these modifications must not be detrimental to the message and character of the work. The revisions must as far as possible be carried out in Agreement with the Author.
2.3. The Parties agree that: [cross out the option not applicable]
a)                 The direction of the work will be entrusted to [STEAUDIOVI]
b)                 The Producer is free to choose the project director of the multimedia work.
c)                 …
2.4. Without prejudice to rights, moral rights or rights to remuneration having already been assigned to an Authors’ Rights Society, and as regards his/her rights limited to the script, the Author exclusively grants to the Producer the right unlimited in either time or space:
a) To copy it on video tapes any or other data medium.
b) to make it available to the public, to dispose of it or circulate it in any manner whatsoever.
c) to incorporate the work into a multimedia product and release it.
Any other rights in the work are retained by the Author.
2.5. The Producer is not obliged to use all the rights granted to him/her by this contract. However, if within five years from the date of signing the contract, the Producer has not availed itself of the right to use the work to create a multimedia work, all the rights granted under this contract revert to the Author without compensation being due from either Party.
The Producer is authorized to extend this period to a maximum of eight years. If he/she wishes to avail himself/herself of this right, he/she must give notice in writing of this to the Author before the expiry of the five years period. In this case, the Producer must grant the Author additional remuneration amounting to 10% of the basic remuneration specified in Art. 4.1, per year extended.
2.6. The Author is entitled to be named in the usual form and order in the credits on the screen models as well as in any advertising for the work.
Article 3 – Remuneration
3.1. The Producer undertakes to pay the author a remuneration of [MONTANT DE LA REMUNERATION EN EUROS] USD.
This remuneration will be paid as follows:
        At the conclusion of the contract: [MONTANT DE LA REMUNERATION EN EUROS] USD
        On acceptance of the revised version [MONTANT DE LA REMUNERATION EN EUROS] USD.
In addition, the Author will be reimbursed for the following expenses:

3.2. The payment of this remuneration covers all rights granted as set out in Art. 2 of this contract, subject to the following condition.
3.3. The Author has the right to receive payments collected by Authors’ Rights Societies
And in particular the royalties collected for multimedia rights to the extent that these are due to the Author on the basis of members’ contracts and distribution payments applicable in each case. For any sales the Producer reserves the broadcast rights through Internet that will be remunerated through Authors’ Rights Societies.
3.4. In respect of all other exploitation income, the Author is entitled to a share of [MONTANT 2] % of net receipts to the extent that these exceed the total of the remainder of the production budget non covered (Producer’s investment), and the amount representing the production costs in excess of the budget and which are payable by the Producer.
The amounts collected by the Producer are considered as net receipts for the purposes of this clause, after deduction of:
        Authors’ rights’ fees arising from the production and paid through an Authors’ Rights society.
        Any commission from the Author up to a maximum of 25% paid to an Agent or Distributor.
        Declared costs for transport, insurance, customs and revenue taxes.
        Declared costs borne by the Producer for advertising relating to the multimedia work’s exploitation.
If the producer looks after the sale itself, it can claim the amount of the Author’s commission.
3.5. If the Author publishes a derive multimedia work based on the work created within the terms of this contract, the Producer is entitled to a fifth of the net profit. (Art. 2.5. is reserved.)
3.6. Awards and prizes that are explicitly given to the multimedia work will go to the Author.
3.7. At the end of each calendar year, the Producer will prepare a schedule of expenses and income from the exploitation of the multimedia work it will automatically present this to the Author and pay the amount due to it no later than the end of the following [DATE REMUNERATION] [month]. The Producer undertakes to keep proper accounts of the exploitation of the multimedia work and allow the Author or trustee duly appointed by it to have access to accounting records and supporting documents.
Article 4 - Other Provisions
4.1. The Parties mutually undertake to make available the necessary documents for the application of the rights arising from this contract.
4.2. To be valid, any amendment made to this contract must be in writing.
4.3. Any nullity of a clause in the contract does not call into question the validity of the rest of the contract.
Article 5 - Applicable Law and Authentic Text
The contract is governed by the law in force in the country where the Producer has his head office. The[LANGUEINICONT] [language] text of this contract is authentic.
Article 6 - Competence
The competent court of the place where the Producer has its registered office shall have jurisdiction in any action arising out of this contract. Provided always that if the Producer is the plaintiff, it may bring his action before the competent court of the place the Author has its registered office.

Agreement made in [VILLE SIGNATURE DU CONTRAT] this [JOUR/MOIS SIGNATURE DU CONTRAT] day of [ANNEE SIGNATURE DU CONTRAT], in 6 (six) original copies.

The Author                                         The Producer
[NOM AUTEUR]                                [PRODUCTEUR]


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