Exploiting rights on behalf of others and ancillary services

Exploiting the rights of third parties (natural or legal persons)

The fundamental rule when using works or performances created by others is simple: always obtain written permission, except in specific cases provided for by law and within the limits it sets.
To formalise this authorisation, you can use standard authorisation contract templates. However, the contracts will be more complex if you consider a full rights transfer. In such cases, you'd better consult a specialist solicitor, a collective management organisation, or an intellectual property expert.

Exploiting the rights of your collaborators

Your employees and suppliers may contribute to the creation of works or performances. The employment contract can address copyright issues in a simplified way, within certain legal limits, provided that the purpose of the contract explicitly includes such creation.

Arrange for specific remuneration for copyright, following the social and fiscal framework established in 2023/2024. This approach will benefit both you and your collaborator. Consult a legal adviser to ensure your approach complies with current legislation.

Secondary or ancillary services: the importance of professional charters

Besides creating a primary work or performance, creators are often involved in secondary or ancillary activities: technical work, promotion, mediation, training, expertise, etc.
Authors and artists must be fairly remunerated for these complementary activities. These payments are essential for:

• supplementing their income from copyright or related rights
• gaining access to the new social protection regime (Working in the Arts or wita.be), which requires diversified sources of income.

Professional charters have been established with recommended rates and fair practical arrangements. The aim is to ensure an ecosystem in which every actor in the sector can make a decent living from their activities and expertise.

Artificial intelligence and creation: ethical principles in the book sector

Professional federations in the book sector have developed an initial ethical charter concerning the use of AI tools and services, an unprecedented initiative in Europe.
This charter sets out several essential principles, referring to protective frameworks for human and cultural rights, the environment, and artistic and cultural heritage:

• Principle of individual and collective responsibility
• Principle of transparency
• Principle of authenticity
• Principle of general respect for laws
• Principle of balance between the pursuit of productivity and the fair distribution of gains and revenues
• Principle of collective learning and knowledge sharing

Available resources and support

To assist you with copyright and creative collaborations, several organisations offer information and support:

• Collective management organisations (SABAM, SACD, SOFAM, etc.)
• The Federal Public Service Economy (Intellectual Property section)
• Sectoral professional associations
• Legal information points specialising in the cultural and creative industries

Do not hesitate to consult them before signing any contract or entering into a creative collaboration.