VIEWS: 191 PAGES: 5 CATEGORY: Protecting Intellectual Property POSTED ON: 10/5/2013
This is a document that an author can use to certify that they are the creator of the screenplay they are submitting to a company. Authorship of screenplays can be a tricky subject, but it is vital for every company obtaining a screenplay from an author to verify that the author actually wrote the screenplay, owns the copyright to the screenplay, and has not infringed on the intellectual property rights of others. This document is ideal for individuals or small businesses that want to verify they have written a screenplay.
Certificate of Authorship of Screenplay This is a document that an author can use to certify that they are the creator of the screenplay they are submitting to a company. Authorship of screenplays can be a tricky subject, but it is vital for every company obtaining a screenplay from an author to verify that the author actually wrote the screenplay, owns the copyright to the screenplay, and has not infringed on the intellectual property rights of others. This document is ideal for individuals or small businesses that want to verify they have written a screenplay. CERTIFICATE OF AUTHORSHIP SCREENPLAY For good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, I, the undersigned, have been engaged by _________________________ [Instructions: Insert the name of the Employer] (hereinafter referred to as the "Employer"), ____________________________________ [Instructions: Insert the address of the Employer], to write and otherwise create a screenplay tentatively entitled “_____________________________,” (hereinafter referred to as the “Screenplay”) pursuant to an employment agreement entered into as of _________________ [Instructions: Insert the date of Employment Agreement] (hereinafter referred to as the “Employment Agreement”). A copy of the Screenplay, “_____________________________,” [Instructions: Insert Title of Screenplay] is attached hereto as Exhibit "A". 1. OWNERSHIP I hereby certify and agree that: (i) the Screenplay has been created in the regular course of my employment for Employer and that the Screenplay has been specifically ordered or commissioned by Employer, (ii) the Screenplay, and all other results and proceeds of my services in connection with the Screenplay are and shall be deemed works "made-for-hire" for Employer within the meaning of U.S. Copyright law and for the purpose of all other copyright laws throughout the world, and as such shall be Employer's sole and exclusive property, in perpetuity and throughout the Universe, and shall be free from any claims whatsoever by me or any individual or entity deriving any rights or interests from me; and (iii) in the event the Screenplay, or any of the other results and proceeds (or any portion thereof) of the services described in sub-clause (i) and (ii), above, shall not be deemed a work "made-for-hire," and/or to the extent that Employer is not deemed to be the author thereof in any territory of the Universe, I hereby irrevocably transfer, assigns and grant to Employer the entirety of copyright in and to the Screenplay, and all other rights in and to the Screenplay (including ownership of the original Screenplay), and the results and proceeds of my services in connection with all thereof, throughout the Universe in perpetuity. I hereby waive any so-called "droit morale" with respect to such material. In no event shall the period of rights granted to Employer hereunder in respect of the Screenplay be less than the period of copyright, and any renewals and extensions thereof. Without limiting the generality of the foregoing, I further acknowledge, certify and agree that Employer shall have the right to exploit the Screenplay in any and all media and via any and all methods, now known or hereafter devised, throughout the Universe, in perpetuity, as Employer determines in Employer’s sole discretion. I will, upon request, execute, acknowledge and deliver to Employer's assignees or designees (as appropriate) such additional documents as Employer may deem necessary to evidence and effectuate Employer's rights hereunder, and I hereby grants to Employer the right as attorney-in-fact to execute, acknowledge, deliver and record in the U.S. Copyright Office or elsewhere any and all such documents if I shall fail to execute the same within __________ (_____) [Instructions: Insert Number of Days] days after so requested by Employer. 2. REPRESENTATIONS AND WARRANTIES I represent and warrant that the Screenplay and all other results and proceeds of my services in connection with the Screenplay are new and original, and neither the Screenplay, nor any use or exploitation thereof by Employer, shall violate any law or infringe upon the rights of any person or entity. I further represent and warrant that I am not entitled to any royalties or compensation in connection with any use or exploitation of the Screenplay except as expressly provided in the Employment Agreement. 3. INDEMNIFICATION © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 I shall defend, indemnify and hold Employer and its successors, licensees and assigns, harmless from any and against all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and court costs) in any manner connected with any claim, demand or action arising out of or occasioned by any breach or alleged breach of, or any claim, demand or action inconsistent with, the foregoing representation and warranty. 4. CREDIT; NAME AND LIKENESS Employer shall use best efforts to cause any person or entity that creates a work substantially derived from the Screenplay to accord me an appropriate credit as writer of the Screenplay, in a manner customary in the entertainment industry. The failure of any person or entity to comply with Employer’s instructions shall not be deemed to be a breach of this Certificate. No inadvertent failure to comply with this paragraph will be deemed a breach of this Certificate, provided that Employer uses best efforts to prospectively correct any such failure. I hereby grant to Employer the worldwide, perpetual right to use and publish my name(s) and likeness(es), in connection with Employer's and Employer's designees' use and exploitation solely of the Screenplay. I acknowledge and agree that Employer shall have no obligation to so use my name(s) and/or likeness(es). 5. MISCELLANEOUS I acknowledge and agree that: (i) I have the right and has been given the unrestricted opportunity to seek the advice and counsel of my own attorney in connection with this Certificate; (ii) if I decide not to seek independent legal counsel, such decision is made by me voluntarily and without coercion by Employer or anyone acting on behalf of Employer and shall not affect the binding nature of this Certificate of Employment; and (iii) in executing this Certificate and accepting the terms hereof, I am not relying upon the advice or counsel of any employee, attorney, or agent of, or other person otherwise connected with Employer. Signature: _______________________________ Print Name: ________________________________________ Social Security Number: ________________________ Date: __________________________________ © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 EXHIBIT A The Screenplay © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4
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