VIEWS: 705 PAGES: 5 CATEGORY: Australia POSTED ON: 5/3/2010
Copyright Assignment is an assignment agreement which conveys a simple assignment of copyright in artwork and graphics between two parties: a company in artwork and graphics (the Assignor) and the person/entity acquiring the copyright (the Assignee) which is either a company or an individual.
AGREEMENT OF COPYRIGHT ASSIGNMENT AUSTRALIA THIS AGREEMENT OF ASSIGNMENT made effective of __________________________[insert date], by and between ________________ [name], ABN/ACN _____________ of ________________[address] ("the Assignor") and ________________[name], ABN/ACN of ________________[address] ("the Assignee") 1. ASSIGNMENT: 1.1. Assignor hereby jointly and severally assigns to the Assignee in their entirety any and all of the right, title and interest the Assignor may have in the Materials (as defined below) “Materials” means all works created by the Assignor such as ___________________________[insert description], Each Assignor will execute all documents and do all things necessary to give effect to the assignment in clause 2.1, including executing further assignments if necessary. 2. CONSIDERATION: In consideration of the payment of the sum of _____________________ Dollars (AUD $__) by Assignee to Assignor, the receipt of which is acknowledged by Assignor, Assignee and Assignor have entered into this Agreement. 3. ASSIGNEE’S PROPERTY: Parties agree that ownership to Assignee’s property, whether tangible or intangible, belonging to the Assignee in the possession and/or control of the Assignor for the purposes of being used in the creation of Materials, shall remain with Assignee, irrespective of whether Assignor actually used them during the creation of Materials. Assignor warrants that Assignor shall not reproduce, alter, or copy such property of Assignee and shall return them upon Assignee’s request. A list of Assignee’s property is set forth in Schedule 1. 4. ASSIGNOR’S WARRANTIES AND INDEMNITY: 4.1. Assignor warrants that: 4.1.1. the copyright (as defined or capable of protection under the Copyright Rights Act 1968 (Cth) ) and/or intellectual property assigned to Assignee by the Assignor under clause 2 consists of original works only, which have not been, and will not be, copied wholly or substantially from any other works, 4.1.2. the Assignee’s and any licensee’s use of the Materials rights of which have been assigned to the Assignee by the Assignor will not infringe the copyright or other intellectual property rights of any third party; and 4.1.3. Assignor has the legal right to assign and grant the rights pursuant to this Agreement. © Copyright 2010 Docstoc Inc. 1 4.1.4. the Assignor is the sole author of the Materials and the sole owner of all rights, including the copyright, in the Materials ; 4.1.5. the Assignor has not created any encumbrance (including without limitation, a charge, mortgage, pledge, lien, right of set off) over the Materials that exists, as at the date of this Agreement, over the Materials ; 4.1.6. there are no previous assignments, licenses, options or other dealings with the rights assigned under this Agreement that are in conflict with the rights granted by this Agreement and the Assignor will not assign, license, grant options over or deal in any other way with any of these rights after the date of this Agreement in a way that would conflict with the rights granted by this Agreement; and 4.1.7. the Assignor does not know of any actual, suspected or threatened claim in relation to the Materials , including any claim that the Materials infringes any intellectual property rights; and 4.1.8. Assignor is not insolvent within the meaning of the Bankruptcy Act 1966 and is not subject to any arrangement or composition with creditors. 4.2. Assignor unconditionally indemnifies and will defend the Assignee against any claim, liability, loss, damages, cost, expense and Tax suffered or incurred by the Assignee as a result of any breach of the warranties given by the Assignor under clause 4.1. 5. TAX AND OTHER EXPENSES: 5.1. Assignor must pay any applicable tax which arises from the execution, delivery and performance of this Agreement and any
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