This is a document that can be used by an author to certify that they are the author of a certain piece of work that has been duly registered with the U.S. Copyright Office. When an author submits a work to a company to allow the company to determine whether they want to purchase the rights to the work, this document is vital to prove authorship of the author’s work. This document can be used by individuals or small businesses that want to verify the authorship of a work that is being reviewed for purchase.
Acknowledgement of Copyright This is a document that can be used by an author to certify that they are the author of a certain piece of work that has been duly registered with the U.S. Copyright Office. When an author submits a work to a company to allow the company to determine whether they want to purchase the rights to the work, this document is vital to prove authorship of the author’s work. This document can be used by individuals or small businesses that want to verify the authorship of a work that is being reviewed for purchase. ACKNOWLEDGMENT OF COPYRIGHT THIS ACKNOWLEDGMENT OF COPYRIGHT (hereinafter referred to as the “Acknowledgement”) is hereby made and entered as of __________ [Instructions: Insert the date of this agreement] by and between _________________ [Instructions: Insert the name of the Company] (hereinafter referred to as the “Company”), _____________________________ [Instructions: Insert address of the Company] and _________________ [Instructions: Insert name of Author of Work] (hereinafter referred to as the “Writer”), _____________________________. [Instructions: Insert address of Author of Work] WHEREAS, Author is the author and owner of _______________________ [Instruction: Insert a description or the title of the Works] (hereinafter referred to as the “Work”); WHEREAS, Company desires to review and evaluate the Work to determine whether Company may have interest in acquiring rights in and to the Work, and subject to the terms and conditions hereof, Author desires for Company to perform its review and evaluation of the Work. NOW, THEREFORE, in consideration of the mutual covenants and Acknowledgements set forth below, it is hereby covenanted and agreed by the parties as follows: 1. GRANT OF RIGHTS Author hereby grants Company the right to review and evaluate the Work to determine whether Company may have interest in acquiring rights in and to the Work. 2. OWNERSHIP Author Represents and Warrants that: (a) Author is the sole and exclusive author of the Work and the exclusive owner of copyright in and to the Work, which has been registered with the U.S. Copyright Office, Registration Number _________________________ [Instructions: Insert Copyright Registration Number]; (b) Author is the sole and exclusive owner of all rights, title and interest in and to the Work, including all rights of copyright; and (c) the Work does not and will not infringe upon or violate any copyright of, or infringe upon or violate the right of privacy or any other right of any person. 3. ACKNOWLEDGMENT Company acknowledges Author’s representations and warrantees and agrees to act in reliance upon the Author’s claims of ownership the Work. Accordingly, Company agrees that it will not use or exploit the Work, except as expressly permitted herein, without first negotiating and entering into a separate agreement with Author (the “Agreement”). © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 4. CONFIDENTIALITY (a) In order for Author to allow Company to evaluate the Work and determine whether Company desires to enter into the Agreement, Author will deliver to Company certain information and materials. All information and materials furnished by Author, whether furnished before or after the date hereof, shall be referred to in this Acknowledgement as “Confidential Materials.” Confidential Materials shall not include, however, materials or information that is generally available to the public other than as a result of a disclosure by Company or materials or information that was available to Company on a non-confidential basis prior to its disclosure by Author. Unless otherwise agreed to in writing by Author, Company agrees to keep all Confidential Materials strictly confidential and not to disclose or reveal any Confidential Materials to any person. (b) If Company determines that Company does not wish to proceed with the Agreement, Company will promptly advise Author of that decision. In that case, or in the event that Author, in Author’s sole discretion, decides not to enter into the Agreement, Company will, upon Author’s request, promptly deliver to Author (or delete if in electronic form) all Confidential Materials, including all copies, reproductions, summaries, analyses or extracts thereof or based thereon in Company’s possession. (c) Without prejudice to the rights and remedies otherwise available to Author, Author shall be entitled to equitable relief by way of injunction or otherwise if Company breaches or threaten to breach any of the provisions of paragraph. 5. MISCELLANEOUS This Acknowledgement constitutes the entire agreement between the parties and supersedes any and all prior written or oral promises or representations concerning the subject matter hereof. In the event that any provision or part of this Acknowledgement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. Any modification to this Acknowledgement must be in writing and signed by the parties or it shall have no effect and shall be void. This Acknowledgement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Acknowledgement shall be governed in accordance with the laws of the State of _____________________, [Instructions: Insert the State law that will govern this agreement] applicable to agreements to be wholly performed therein, without giving effect to its laws governing conflict of laws, with jurisdiction and venue exclusive to the Federal or State courts located in the County of ______________________, [Instructions: Insert the County where cases under this agreement will be heard] State of ______________________. [Instructions: Insert the State law that will govern this agreement] 6. INDEPENDENT LEGAL COUNSEL Each party acknowledges that it has read and understands the Acknowledgement. Each party specifically acknowledges that it has been advised to seek independent legal counsel prior to © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 executing this Acknowledgement and each party has either obtained such independent counsel or has voluntarily elected not to obtain such counsel. IN WITNESS WHEREOF, the parties have executed this Acknowledgement effective as of the date first written above. COMPANY __________________________ By: Authorized Signatory ______________________ [Instructions: Insert the name of person executing this agreement on behalf of the company] AUTHOR __________________________ ______________________ [Instructions: Insert the name of the author] © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4
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