Copyright lasts until the end of 50 years after the end of the calendar year in which the performance takes place. If the representation is materialized in an audio recording before the expiry of the copyright, the copyright continues 50 years after the end of the calendar year in which the performance is recorded for the first time. If the audio recording is published before the expiry of the copyright, the copyright is maintained up to 50 years after the end of the calendar year in which the first publication takes place or 99 years after the end of the calendar year in which the performance takes place, regardless of the previous date. As a general rule, there are no restrictions on forum selection clauses. An exception may be contracts (i.e. an agreement to ”take or leave”) in the event of significant differences in the bargaining power of the parties involved. Museum as a licensee: Make sure you have sufficient support or documentation – either free of charge or for a reasonable fee — to access the content you have granted in the way you need. While unlimited support is ideal if the content owner doesn`t provide it, try to negotiate free support, another level of economic support and perhaps an annual assistance plan for an annual fee or per request. Are there restrictions on the creation of a business by a foreign licensee or a joint venture involving a foreign licensee, and are there restrictions on a foreign donor who licenses without establishing a subsidiary or branch? Is there a notification or administrative verification procedure before a foreign licensee can set up a business entity or joint venture in your country? Museum as a licensee: The owner of the content usually proposes the duration of the license first. If you are dealing with a new licensee or if you have other licensing conditions and what is most appropriate in the circumstances, a short term may be preferable. In this way, you can determine during the duration of this license the conditions that will be useful for future licenses. When a museum is part of a government agency, it may be necessary to include or exclude certain provisions in its licences. Check this option with your business advisor.
In addition, you should understand that other licensees may also be required to include or exclude certain provisions in their licenses and may not be able to negotiate these specific points. Often, the license will indicate who owns the copyright in printed content, if any, and in all electronic content. Some licenses may have an effect on the fact that copyright remains with the owner of the content and that the licensee has the right to use the content (without copyright transfer) in accordance with the terms of the license. As explained in Chapter 3, it is a licence or a simple authorization to use copyrighted works and not an assignment or transfer of those rights. Museum as a licensee: If your resource centre deals with ILL, you can negotiate an ILL clause in your license. If a valid and enforceable licensing agreement is declared irrevocable, neither party can terminate it without the consent of the other party. Where a licence does not contain an unusual termination provision, these licences may, as a rule, be released without notice. You can register an assignment or license by submitting to the Copyright Office the original agreement or a photocopy of it, as well as the prescribed fee for each work involved in the assignment or license. You can submit your application online or by mail or fax.
The Copyright Office keeps a copy of the documentation and returns the original documentation with a registration certificate. Moral rights cannot be transferred or transferred, but can be removed. Even if an author decides to reject his copyright on a work, the author continues to retain the moral rights of the work, unless he formally renounces his moral rights.