Textile
design works, subject to their originality, are protected
by the Laws of 11 March 1957 and 3 July 1985 on literary
and artistic property, redrafted in the Law of 1 July
1992. Under this legislation, the author holds the owns
the moral, reproduction and representation rights over
his work.
Work
produced under an order in accordance with a given theme
and/or set of client specifications is and remains under
the full artistic ownership of the author.
The
designer transfers the reproduction and representation
rights according to the planned use of the work for a
delimited purpose: duration, application/exploitation,
support, distribution within a given territory.
The
transfer of exploitation, and more specifically, reproduction
and representation, rights is remunerated in proportion
to operating revenues. This remuneration is based on the
sales volume generated by the editors from the transferred
rights or, short of this, on a fixed remuneration.
All
agreements must be recorded in writing and signed by the
two contracting parties.
All
orders give rise to a contract (order form) under the
terms of the signed agreement. The quote is confirmed
by a down payment of 50% on the total amount of the estimate.
Receipt
of the aforesaid down payment triggers the start of the
work by the author.
All
adaptations or changes in the use and/or exploitation
of the work are subject to the prior written agreement
of the author and must give rise to payment of the related
royalties.
The
agent, studio or any intermediary between the author and
editor bears the same legal and moral liability as the
distributor.
A
contractual letter of authority granted by the author
to the agent governs the terms of transactions between
the author, agent and distributor *.
The
preparation and production of a commissioned work is remunerated
in the form of fees which are clearly distinguished from
the remuneration of royalties (transfer of exploitation
rights).
According
to current legislation, fees and the amount of exploitation
rights must be paid in cash on receipt of the related
invoice. The designer is not subject to commercial law
in this regard.
*Author:
designer, creator, garment-maker.
Agent: Intermediary authorised by the designer, business
agent, design bureau, creation studio.
Distributor: industrial firm, editor, printer, manufacturer,
communication agency.