VIEWS: 980 PAGES: 5 CATEGORY: Protecting Intellectual Property POSTED ON: 3/13/2010
This document sets forth a certification whereby an author certifies that he or she is the original and sole creator of certain material. As drafted, this document is for an author who wrote a screenplay as commissioned by a producer. The author accepts and acknowledges that the producer owns all rights, title, and interest in the material created by the author. This sample document contains standard provisions found in similar certificates of authorship and can be modified to fit the needs of the drafting parties.
This document sets forth a certification whereby an author certifies that he or she is the original and sole creator of certain material. As drafted, this document is for an author who wrote a screenplay as commissioned by a producer. The author accepts and acknowledges that the producer owns all rights, title, and interest in the material created by the author. This sample document contains standard provisions found in similar certificates of authorship and can be modified to fit the needs of the drafting parties. CERTIFICATE OF AUTHORSHIP For good and valuable consideration, receipt of which is hereby acknowledged, I __________ (“I” or “Author”) hereby certify and agree as follows: 1. Producer has employed my services as an author in connection with a proposed motion picture/screenplay entitled ____________________ (the “Picture”). All literary material of all kind or nature authored or to be authored and furnished or to be furnished by me, as well as all results and proceeds of my author services in connection with the Picture (all such literary material, results, and proceeds are referred to collectively hereinafter as (the “Material”)) was and/or will be solely authored and/or created by me as original material. 2. The Material authored and/or created by me is specially ordered or commissioned by Producer for use as part of Motion picture within the meaning of the 1976 U.S. Copyright Act. For copyright purposes, the Material authored and/or created by me shall be considered “work- made-for-hire,” and Producer shall be deemed the sole owner of the Material and Producer of all rights of every kind or nature, whether now known or hereafter devised (including, but not limited to, all copyrights and extensions and renewals of copyrights) in and to the Material, as well as the right to make such changes in the Material, throughout the universe, as Producer may from time to time determine. 3. I hereby acknowledge that the Material is wholly original and has not been adapted from any other literary, dramatic, or any other work of any kind or nature, except any incidental materials in the public domain throughout the world. 4. I hereby represent that I have the right to execute this Agreement and that the Material does not infringe upon any statutory or common law rights in any other literary, dramatic, or other work; that the Material is not libelous and does not violate the rights of privacy of any other person; and that the full use of the rights in the Material herein granted to Producer will not violate any rights of any person, firm, or corporation. 5. I shall defend, indemnify, and hold harmless, to the fullest extent allowed by law, Producer, any Producer corporation, and its/their employees, officers, agents, assigns, and licensees from and against any and all liability, claims, costs, damages, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection to a breach of the foregoing covenants, warranties, and representations. 6. I hereby accept and acknowledge that Producer owns, throughout the world, in perpetuity, all rights, title, and interest in and to the Material and any and all parts thereof, including, but not limited to, all motion picture rights, television rights, video rights, publication rights, and merchandising and commercial tie-up rights. Such rights include all rights that are already vested in the Material and all rights that were or may hereafter be known. 7. I hereby accept that Producer has the right, but not the obligation, to use my name, likeness, and biography as the author(s) of the Material on screen, in advertising, and in publicity in connection with the exploitation of any motion picture produced that is based in whole, or in part, on the Material or in connection with the exploitation of any of the rights granted hereunder. 8. I hereby accept and acknowledge that Producer may make any changes in, deletions from, or additions to, the Material which Producer may, in its sole discretion, consider necessary or desirable. I hereby expressly waive, for myself, my heirs, assigns, executors, and administrators all rights “moral rights of the authors” or any similar rights or principles of law that I many now or later have in the Material or to my services. 9. I hereby acknowledge that I have been fully compensated for all services performed in connection with the Picture, and that there are no further obligations owed to me by Producer or its heirs, assigns, executors, and administrators. 10. I hereby accept and acknowledge that Producer may assign, transfer, license, delegate, or grant all or any part of the rights, privileges, and property relating to the Material to any person, firm, or corporation. This Certificate of Authorship shall inure to the benefit of the parties hereto and to their respective heirs, successors, and assigns. 11. I hereby further acknowledge that, in the event of any act or omission by Producer or any successor of Producer constituting a violation or breach of the agreement between Producer and I, disputes arising from such act or omission will be limited to remedies at law, if any, to obtain damages, and I shall have no right to rescind all or any portion of this Certificate of Authorship or to enjoin or restrain the distribution or exploitation of the Picture or any material based in whole, or in part, upon the Material. 12. This Certificate of Authorship shall be governed by the laws of the State of ____________________ [STATE] applicable to agreements executed and to be performed entirely therein. 13. Producer’s rights with respect to the Material and/or my services are irrevocable, may be freely assigned and licensed, and shall be binding upon me and inure to the benefit of any such assignee or licensee. I have caused this document to be executed on __________ day of __________, _____, at ______ [CITY], ________ [STATE]. ____________________ ____________________ “Author” © Copyright 2013 Docstoc Inc. registered document proprietary, NOTARIAL ACKNOWLEDGMENT STATE OF _______________) _________________________) ss.: COUNTY OF _____________) On the __________ day of __________, _____, before me personally came ______________________ to me known and known to be the individual described in and who executed the foregoing instrument, and he/she did duly acknowledge to me that he/she executed same. ______________________ Notary Public My Commission Expires: _______________ © Copyright 2013 Docstoc Inc. registered document proprietary,
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