Art Commission Agreement Template (Gibraltar)
Updated on 12 August 2026
Section 114 of the Intellectual Property (Copyright and Related Rights) Act 2005 states plainly that the rights conferred by Chapter IV (moral rights) are not assignable. Section 115 then sets out what happens to three of those rights — the right to be identified as author or director, the right to object to derogatory treatment of a work, and the right to privacy of certain photographs and films — when the person entitled to them dies, and it is a genuinely three-tier mechanism rather than the two-tier models found elsewhere.
On death, the right passes first to whoever the deceased specifically directs by testamentary disposition. If there is no such direction but the copyright in the work forms part of the estate, the right instead passes to whoever the copyright itself passes to. And if or to the extent the right does not pass under either of those two routes, it remains exercisable by the deceased's personal representatives — a genuine third-tier fallback, not a lapse. This template treats a commission agreement as the natural place to record a testamentary preference before that default chain becomes the only rule that applies.
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Art Commission Agreement
- Artist:
- Commissioning party:
- Date:
1. The Work
2. Rights Granted
The Artist grants the Commissioning Party a non-exclusive right to use the Work. The Artist retains the right to grant similar rights to third parties. The moral rights conferred by Chapter IV of the Intellectual Property (Copyright and Related Rights) Act 2005 are not assignable and remain with the Artist.
The Commissioning Party shall credit the Artist by name whenever the Work is used publicly.
The Work shall not be subjected to derogatory treatment without the Artist's prior consent.
3. Succession of the Copyright Act Section 115 Rights
On the Artist's death, the rights conferred by sections 94, 97 and 102 of the Act pass as the Artist may direct by testamentary disposition, or, absent such direction, follow the copyright to the Artist's successor, or remain exercisable by the Artist's personal representatives to the extent neither applies.
4. Delivery and Payment
- Fee:
- Delivery date:
Artist
Date:
Commissioning party
Date:
Three named moral rights, three tiers of post-death transmission
Section 115(1) applies specifically to the right conferred by section 94 (identification as author or director), section 97 (objecting to derogatory treatment of the work) and section 102 (privacy of certain photographs and films). On the death of the person entitled: (a) the right passes to such person as they may by testamentary disposition specifically direct; (b) if there is no such direction but the copyright in the work forms part of the estate, the right passes to the person to whom the copyright passes; and (c) if or to the extent the right does not pass under (a) or (b), it is exercisable by the deceased's personal representatives.
That third tier is the distinctive feature: where neither a testamentary direction nor the estate-following default accounts for the right — for instance because the economic copyright has already been dealt with separately from the moral right, or there is simply no will — the right does not lapse. It remains exercisable by the personal representatives, giving every commissioned work a real post-death route for these three rights in every case.
False attribution is handled completely differently
The right against false attribution of a work, conferred by section 101, is not part of this transmission mechanism at all. Any infringement after a person's death of the section 101 right is actionable directly by their personal representatives, and any damages recovered devolve as part of the estate as if the right of action had already been vested in the deceased immediately before death.
This template keeps the two mechanisms separate rather than treating "moral rights" as a single undifferentiated bundle for succession purposes: attribution, derogatory-treatment and privacy-of-photographs rights follow the three-tier testamentary chain under section 115, while false attribution follows its own, personal-representative-only route under section 105(5) regardless of any testamentary direction.
Clause-by-clause guide
- Artist and commissioning party
- Names the artist and the party commissioning the work.
- Description of the work
- Dimensions, medium, technique and subject matter, so the commissioned work is not itself in dispute.
- Assignment of economic rights
- The exclusive or non-exclusive economic right transferred to the commissioning party — never the moral right, which is not assignable under section 114.
- Attribution and derogatory-treatment protection
- How the artist's name is credited and a restriction on derogatory treatment of the work, tracking sections 94 and 97.
- Testamentary direction for section 115 rights
- An optional clause recording the artist's preference for who the section 94, 97 and 102 rights pass to on death.
- Delivery and payment
- The delivery schedule, payment method and consequences of late delivery or rejection.
Gibraltar compliance checklist
Keep the section 115 three-tier chain separate from the section 101 false-attribution route — they work differently.
Do not attempt to assign the moral right
Section 114 states that the rights conferred by Chapter IV (moral rights) are not assignable; only the economic right can be assigned or licensed.
Government of Gibraltar - Intellectual Property (Copyright and Related Rights) Act 2005Record a testamentary direction if the artist wants one
Section 115(1)(a) lets the right conferred by sections 94, 97 and 102 pass to whoever the deceased specifically directs by testamentary disposition.
Understand the estate-following default
Absent a testamentary direction, section 115(1)(b) passes the right to whoever inherits the copyright itself, where that copyright forms part of the estate.
Rely on the personal-representative fallback where neither applies
Section 115(1)(c) keeps the right exercisable by personal representatives to the extent it does not pass under (a) or (b) — it does not simply lapse.
Treat false attribution separately
The section 101 false-attribution right follows its own rule: any post-death infringement is actionable by personal representatives regardless of any testamentary direction, under section 105(5).
How to complete this art commission agreement
- Describe the work. Specify dimensions, medium, technique and subject matter precisely.
- Set the economic right transferred. Decide whether the right of use is exclusive or non-exclusive.
- Agree attribution and derogatory-treatment terms. Set how the name is credited and confirm the work will not be treated derogatorily without consent.
- Record a testamentary preference if wanted. If the artist wants to direct who the section 94, 97 and 102 rights pass to on death, record that preference or refer to the artist's will.
- Agree delivery and payment. Set the delivery schedule, payment method and consequences of delay or rejection.
Frequently asked questions
Can an artist assign their moral rights to me?
No. Section 114 of the Intellectual Property (Copyright and Related Rights) Act 2005 states that the rights conferred by Chapter IV (moral rights) are not assignable.
What happens to the attribution and derogatory-treatment rights when the artist dies?
Under section 115, the right first passes to whoever the artist specifically directs by testamentary disposition. Absent that, it follows the copyright to whoever inherits it. If neither applies, it remains exercisable by the artist's personal representatives.
Does the moral right simply lapse if there is no will?
Not necessarily. Where it does not pass by testamentary direction or by following the copyright into the estate, section 115(1)(c) keeps it exercisable by the deceased's personal representatives.
Is the false-attribution right covered by the same rule?
No. The section 101 false-attribution right follows a separate route: any post-death infringement is actionable directly by personal representatives, regardless of any testamentary direction.
Which specific rights does section 115 cover?
Only the right conferred by section 94 (identification as author or director), section 97 (objecting to derogatory treatment) and section 102 (privacy of certain photographs and films).
Related templates
Disclaimer
This template and guide are for general information only and are not legal advice, and no Gibraltar lawyer has reviewed them for your matter. Copyright succession has significant consequences and should be assessed by a specialist before signing.
