VIEWS: 18 PAGES: 6 CATEGORY: Protecting Intellectual Property POSTED ON: 12/8/2011
This is an agreement where the owner of a copyright (the �Assignor�) fully transfers their interest in the copyrighted material to a third party (the �Assignee�). Such a transfer must be in writing and this agreement, as drafted, makes the transfer irrevocable. It contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth. Execution of this document will completely extinguish the Assignor�s interest in the copyrighted material by transferring it to the Assignee. This document should be used by small businesses or other individuals located in Hawaii who want to transfer or obtain a copyright.
Docstoc Legal Agreements This is an agreement where the owner of a copyright (the � ) Assignor� fully transfers their interest in the copyrighted material to a third party (the � ). Assignee� Such a transfer must be in writing and this agreement, as drafted, makes the transfer irrevocable. It contains both standard clauses as well as opportunities for customization to ensure that the understandings of the parties are properly set forth. Execution of this document will s completely extinguish the Assignor� interest in the copyrighted material by transferring it to the Assignee. This document should be used by small businesses or other individuals located in Hawaii who want to transfer or obtain a copyright. ® DISCLAIMERS: ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND COMPLETENESS. They are for general guidance and should be modified by you or you r attorney to meet your specific needs and the laws of your state. Use at your own risk. Docstoc, its employees or contractors who wrote or modified any form, are NOT providing legal or any other kind of advice and are not creating or entering into an Attorney -Client relationship. The information and forms are not a substitute for the advice of your own attorney. Use of this document and our service are deemed to be your acknowledgement and agreement to the following: The disclaimers and links on this page and the back page(s); our Terms of Service (http://www.docstoc.com/popterm.aspx?page_id=15), and read more here (http://www.docstoc.com/popterm.aspx?page_id=114) for additional disclaimers and more. You also agree that if you are not the person using the document and services that you will provide such person(s) who will be with these front and back disclaimer pages. This document is not approved, endorsed by, or affiliated with any State, or governmental or licensing entity. Entire document copyright © Docstoc®, Inc., 2010 - 2013. All Rights Reserved COPYRIGHT ASSIGNMENT AGREEMENT COPYRIGHT ASSIGNMENT AGREEMENT made on this _____ [Month] ___ [Date], 20__, by and between ________________________ [Instruction: Insert the name of the Copyright owner] hereinafter referred to as the “Assignor” and _______________________ [Instruction: Insert the name of company/individual/publisher that desires to obtain the copyrights] hereinafter referred to as the “Assignee”. RECITALS: WHEREAS, the Assignor is the author or creator of certain works which are described in Exhibit “A” attached hereto (the “Works”); and WHEREAS, the Assignee is engaged in _____________________________________. [Instruction: Describe activities that are relevant to the desire to assign Assignor's copyrighted material] WHEREAS, the Assignee wishes to acquire the right, title, and interest in and to all of the Works described in Exhibit “A” hereto. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, as set forth herein, the Assignor and the Assignee agree as follows: 1. Assignment The Assignor does hereby irrevocably assign to the Assignee all of its/his/her rights, title, and interest to and in the copyright and all other intellectual property rights, including but not limited to, all rights of the Assignor to prepare derivative works, all goodwill and moral rights associated with the Works. 2. Ownership of Works and Warranty The Assignee acknowledges that the Assignor is the exclusive owner of all right, title, interest and all intellectual property rights to and in the Works. The Assignor has the right, power, and authority to enter into this Agreement with the Assignee; 3. Sublicenses The Assignee shall not grant sub-assignment without the prior written approval of Assignor. [Optional] 4. Payment or Consideration The Assignee shall pay the Assignor a flat fee of __________ ($__) [Instruction: Insert the amount, e.g., forty thousand dollars ($40,000)] as full payment for all rights granted in the Works. Payment shall be made upon execution of this Agreement. 5. Terms and Termination This Agreement may be terminated by the written agreement of both parties. In the event that either party shall be in default of its material obligations under this Agreement and shall fail to remedy such default within ______ (__) [◊sixty (60)] days after receipt of written notice thereof, this Agreement shall terminate upon expiration of the ______ (__) [◊ sixty (60)] days period. 6. Representation and Warranty The Assignor hereby represents and warrants to the Assignee the following: a) the Assignor has the right, power, and authority to enter into this Agreement with the Assignee; b) the Assignor is the exclusive owner of all right, title, interest, and all intellectual property rights to and in the Works; c) the Works are free and clear of any all liens, encumbrances, or licenses; d) the Works do not infringe on the rights of any third party; e) the Works do not violate or infringe any personal or property rights of others, whether common law or statutory; f) the Works contain nothing libelous or contrary to law; and g) the Assignor is not subject to any agreement, whether written or otherwise, which would prevent the Assignor from having all right, power, and authority to assign the Works. 7. Indemnification Assignor hereby agrees to indemnify and hold harmless the Assignee, its officers, employees, and agents against any and all claims, actions, or damages (including reasonable attorney's fees) asserted by or paid to any party on account of a breach or alleged breach of the representations and warranties mentioned in clause 6 above. 8. General Provisions a) Successors/Assigns: This Agreement is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto. b) Amendment and Modification: This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and may not be modified or amended except by written agreement executed by the parties hereto. c) Independent Business Relationship: The Assignor and the Assignee are independent contractors and are not and shall not be construed as joint venturers, partners, employer/employee, or agents of the other and neither shall have the power to bind or obligate the other, except as set forth in this Agreement. d) Waivers: The waiver by either party of a breach or other violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or any other provision of this Agreement. e) Counterparts: This Agreement may be executed in several counterparts, each of which shall be an original, but all of which together shall constitute one and the same Agreement. f) Articles and Other Headings: The articles and other headings contained in this Agreement are for reference purposes only, and shall not affect in any way the meaning or interpretation of the terms of this Agreement. g) Governing Law/Forum: This Agreement shall be governed by the laws of the State of Hawaii, applicable to agreements made and to be wholly performed therein. IN WITNESS WHEREOF, the parties have caused this Copyright Assignment Agreement to be executed the day and year set forth above. Signature: ______________________ By : ______________________ Title : ______________________ Address: ______________________ [Instruction: Insert signature, name and other details of Assignor] Signature: ______________________ By : ______________________ Title : ______________________ Address: ______________________ [Instruction: Insert signature, name and other details of Assignee] EXHIBIT A Copyright Registration Number : __________________. [Instruction: Delete this if there is no registration of the work] [Instruction: Kindly refer to Recital section]
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