In the fashion industry, contracts are the fundamental documents. When entering into contracts, it must be remembered that contracts are drafted and entered into for the cases of disputes between the parties, not for situations when the cooperation is smooth. Therefore, correct construction of contracts is indeed important. Contracts cannot differ from the actual cooperation between the parties, and must secure interests of both parties. The contracts must be appropriate to the specificity of the fashion industry.
In the fashion industry, the most important terms include the ones related to copyright and trademarks. Usually, copyright terms form part of contracts entered into with photographers, or job contracts, and do not constitute separate agreements. Among copyright agreements, there are contracts assigning copyright and licence agreements, which can be either exclusive or non-exclusive. Agreements assigning copyright and exclusive licence agreements must be concluded in writing, as otherwise they are null and void. One cannot acquire copyright under an invoice. The choice of the agreement depends on what is the object thereof, and on the plans regarding the works developed under the agreement.
A major part of such agreements involves contractual penalties which, if correctly stated in the agreement, can translate to real possibilities of pursuing such claims. The appropriate approach to contractual penalties is where the amount of such penalties has a certain point of reference, e.g. with respect to remuneration stipulated in the agreement, and where the penalties are reserved for both parties.
Due to the specificity of the fashion industry, the agreements should also account for confidentiality terms.
We offer drafting the following agreements: