Made on [Day] of [Month], 20[Year] (the “Start Date”)
This is an agreement between;
- 1. [Individual/Company Name] with its registered office at [Registered Office Address](“Owner” in this agreement); and
- 2. [Individual/Company Name] of [Address] (“User” in this agreement).
The Work and the Term
- 2.1 Owner owns all copyright and related rights in the copyright works and materials set out in the Schedule (“Work”) which Owner licenses User to use in accordance with this agreement.
- 2.2 Owner grants User the Rights (as specified in the Schedule) to the Work so long as the User pays the royalties and fees when due and fully performs its responsibilities under this agreement. The User may exercise the Rights in the countries specified in the Schedule (“Territory”).
- 2.3. This agreement will start on the Start Date and will continue for the period set out in the Schedule unless ended earlier (see clause 4).
- 3.1 User agrees that Owner is the only owner of copyright and related rights in the Work. User will not claim any ownership rights in the Work, or any work derived or adapted from it. All rights that User might gain from use of the Work will belong to Owner including any new copyrights and any rights over data such as consumer data.
- 3.2 During the Term of this agreement the User will;
- 3.2.1 use the Work only in accordance with the terms of this agreement; 3.2.2 comply with all of the Owner’s specifications and directions about the use of the Work and the standard or quality of copies of the Work;
- 3.2.3 provide on request samples of copies of the Work for the Owner’s approval;
- 3.2.4 pay all agreed royalties and fees due to the Owner on time as set out in the Schedule;
- 3.2.5 allow the Owner to carry out audits in relation to such royalty in the way set out in the Schedule;
- 3.2.6 include on all copies of the Work, including digital, the following copyright notice: “© [insert Owner’s name and date of publication] distributed under licence from the copyright owner”;
- 3.2.7 hand over to the Owner all unsold copies of the Work at the end of the Term unless the Schedule specifies that the User has any sell-off rights in relation to its existing inventory;
- 3.2.8 tell the Owner in full without delay if the User learns of any infringement or threatened infringement of the Work and co-operate fully in any action taken by the Owner;
- 3.2.9 pay the Owner in full for all costs of and losses from any claim against the Owner due to any breach of this Agreement by the User in making or selling copies of the Work, except where such claim is due exclusively to any breach of this Agreement by the Owner.
- 3.3 During the Term of this agreement the User will not pass or grant any of its rights under this agreement to another person;
Also included in this document:
4. Owner’s Responsibilities
6. Ending this Agreement
7. Responsibilities on Termination