New copyright contract law aims to improve position of authors and performing artists
Country
Author
De Brauw Blackstone Westbroek
Link
Summary
"Non-use clause If the producer does not exploit the author’s work within a reasonable period, the author has the right to terminate the agreement. But this right can only be invoked if the author alerts the producer in writing, granting the author the opportunity to exploit or re-exploit the work within a reasonable period following the notice (unless exploitation is no longer possible). The non-use clause does not apply if the non-exploitation can be attributed to the author or if the producer has a major interest in continuing the contract that overrules the author’s interests, all according to the principles of reasonableness and fairness. In practice, interpretation issues can be avoided by adding a clause that specifies what parties consider a reasonable period. The non-use clause applies retroactively."
Contributed By
Lucie Guibault