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Kansas Copyright Assignment Agreement

This document is part of the Package "Essential Kansas Legal Documents" | 145 docs included
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Kansas Copyright Assignment Agreement
Copyright Assignment Agreement









This Copyright Assignment Agreement can be used to assign rights vested to

some work from the rights-holder of the work to some other

Individual/entity.









ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED

WARRANTY, INCLUDING AS TO LEGAL EFFECT OR COMPLETENESS. They are for guidance and should be

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Entire document © Docstoc, Inc., 2010, 2011







Attorney Drafted

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 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 Owner'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, Assignor and 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

Assignee acknowledges that 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. Sub licenses

Assignee shall not grant sub-assignment without the prior written approval of Assignor.

[Optional]





4. Payment or Consideration

Assignee shall pay Assignor a flat fee of __________ ($__) [Instruction: Insert the amount

E.g., forty thousand dollars only ($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 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 does not violate or infringe any personal or property rights of others, whether

common law or statutory and





f) the Works contains 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 have 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 attorney's reasonable

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. Assignor and Assignee are independent contractors

and are not and shall not be construed as joint ventures, 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 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

Kansas, applicable to agreements made and to be wholly performed therein





IN WITNESS WHEREOF, the parties have caused this 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]

Note: Carefully read and follow the Instructions and Comments contained in this document for

your customization to suit your specific circumstances and requirements. You will want to

delete the Instructions and Comments from open bracket (“[“) to close bracket (“]”) after

reading and following them. You (or your attorney) may want to make additional modifications

to meet your specific needs and the laws of your state



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