An Assignment And Licence Of Copyright is essential when transferring ownership of copyrighted works or granting usage rights in England and Wales. This document is commonly used when creators want to sell their intellectual property rights or allow others to use their work under specific conditions. It includes detailed terms about the scope of rights transferred, payment arrangements, and any restrictions on use. The document ensures compliance with the Copyright, Designs and Patents Act 1988 and provides legal certainty for all parties involved.
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1. Parties: Details of the assignor/licensor and assignee/licensee including full legal names and addresses
2. Background: Context of the assignment/licence and description of the works involved, including ownership history
3. Definitions: Key terms used throughout the agreement including 'Works', 'Intellectual Property Rights', 'Territory'
4. Assignment/Licence Grant: Core terms of the transfer or permission to use the copyright, including scope and nature of rights granted
5. Warranties and Representations: Confirmations about ownership, right to transfer, and non-infringement of third party rights
6. Payment Terms: Consideration for the assignment/licence, including payment amounts, methods and schedules
7. Governing Law: Specification of English and Welsh law as applicable law and jurisdiction
1. Moral Rights: Waiver or assertion of moral rights, used when dealing with creative works where moral rights are relevant
2. Territory: Geographic scope of the assignment/licence, used when rights are territory-specific
3. Duration: Term of the licence, included for licence agreements rather than assignments
4. Sub-licensing Rights: Rights to grant sub-licences, used when licensee needs ability to sub-license the works
1. Schedule 1: The Works: Detailed description of the copyright works being assigned/licensed
2. Schedule 2: Payment Schedule: Detailed payment terms if complex or involving multiple payments
3. Schedule 3: Permitted Uses: Specific allowed uses of the copyright works, typically included for licence agreements with specific usage restrictions
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