the copyright in and to the sample contracts herein is owned and retained by the
originator of the work ("the owner"). these sample contracts and documents have
been created for your general information only. the owner, the authors, and the
publishers cannot therefore be held responsible for any losses or claims howsoever
arising from any use or reproduction. nothing in this document should be construed
as legal advice. the information provided and the sample contract and documents
are not a substitute for consulting with an experienced entertainment lawyer and
receiving counsel based on the facts and circumstances of a particular
transaction. furthermore case law and statutes and european and international law
and industry practise are subject to change, and differ from country to country.
this contract has been compiled by solicitors who wish to emphasise that these
notes and agreements are not a substitute for specific legal advice and are
designed for very general guidance only.
this is a guideline only and should not be relied upon without taking legal
day of.............. 19......
(name, address) (hereinafter called "the owner") of the one part
(name, address) (hereinafter called "the purchaser") of the other part.
a) the owner is the absolute owner free from encumbrances except as hereinafter
mentioned of the copyright and all other rights throughout the world in and to the
treatment and screenplay entitled........................... (hereinafter called
the "work") written by........................... (hereinafter called the
"author", which expression shall if the author and the owner are the same person
be construed as a reference to the owner)
b) the owner has agreed to grant and assign the producer for the consideration
hereafter mentioned the (specify applicable rights) rights in the work throughout
the world as hereinafter more particularly mentioned.
acknowledges) the owner with full title guarantee hereby assigns and grants to the
purchaser (specify applicable rights i.e. all rights) (including but not limited
to copyright) of whatever description whether now known or in the future existing
in and to the work to hold the same unto the purchaser absolutely throughout all
parts of the world in which copyright in the work may now subsist or may be
acquired and during all renewals, revivals and extensions thereof and thereafter
(in so far as may be or become possible) in perpetuity and except as herein
expressly provided to the contrary free from all restrictions and limitations
whatsoever including (but not by way of limitation of the generality of the
foregoing) free from all so-called "authors rights" or "droit moral" and any
similar right now or hereafter accorded by the laws prevailing in any part of the
world (including but not limited to any rights pursuant to sections 77 and 80 of
the copyright designs and patents act 1988) and the owner hereby expressly waives
any so-called "authors rights", droit moral and any such rights.
1.2. without prejudice to the generality of the assignment of rights in clause
1.1 above, the owner hereby confirms and agrees that the assignment of rights
hereby made to the purchaser includes any and all rights of communication to the
public by satellite, cable retransmission rights and any and all rental and
lending rights, whether now or hereafter known or existing in any country of the
world, in and to the products of the owner's services hereunder and /or the film
(as hereinafter defined) and/or copies thereof and/or any part or version or
adaptation of any of the foregoing.
2. (a) as further consideration for the rights hereby granted the purchaser hereby
agrees to pay to the owner
(i) upon the first day of principal photography of the first or only film made in
exercise of the rights hereby granted and not being part of a television series or
serial (hereinafter called "the film") the sum of
for the purposes of this deed the expression "net profits" shall have the same
meaning as is accorded thereto in the principal production finance and
distribution agreements for the film.
2 (b) the owner agrees that the consideration payable to the owner in accordance
with the provisions of this agreement takes into account and includes a payment in
respect of all rights of communication to the public by satellite, cable,
retransmission rights and any and all rental and lending rights as referred to in
clause 1.2. hereof and that the said payment constitutes equitable and adequate
consideration for the assignment of satellite, cable and rental and lending
rights, and constitutes and satisfies in full any and all rights which the owner
has or may at any time have to receive equitable, adequate or other remuneration
for the exploitation by satellite and cable and the rental or lending of the
products of the owner's services and/or the film and/or copies thereof and/or any
part or version or adaptation of any of the foregoing. without prejudice to the
provisions of this clause nothing in this agreement shall prevent the owner from
being entitled to receive income under collection and other agreements negotiated
by recognised collection societies under the laws of any jurisdiction provided
that this does not imply any obligation or liability on the part of the purchaser
regarding the collection or payment of such monies.
a) the owner is the owner and author of the work which was and is wholly original with the author and nothing therein infringes the copyright or any other rights of any third party
have not and will not at any time hereafter do authorise or omit to do anything relating to the work whereby the subsistence of copyright therein or any part of such copyright may be destroyed or otherwise impaired.
c) the rights hereby granted are vested in the owner absolutely and neither the
owner nor the author or any other predecessor in title of the owner heretofore
assigned, licensed, granted or in any way dealt with or encumbered the same so as
to derogate from the grant hereby made and that the owner has a good title and
full right and authority to make this deed
d) the work does not constitute a breach of any duty of confidence owed to any
party and does not breach any right of privacy and does not contain any libellous
or defamatory statement or matter or innuendo of or reference to any person firm
company or incident
e) the owner will indemnify and at all times keep the purchaser fully indemnified from and against all actions, claims, proceedings, costs and damages incurred by or awarded against the purchaser or any compensation paid or agreed to be paid by the purchaser on the advice of counsel agreed between the parties hereto (and in default of such agreement within one month from the time such agreement is sought then a counsel decided by the president for the time being of the law society) in consequence of any breach, non-performance or non-observance by the owner of all or any of the covenants, warranties, representations and agreements by the owner contained in this deed
f) the owner will and does hereby authorise the purchaser at the purchaser's
expense to institute prosecute and defend such proceedings and to do such acts and
things as the purchaser in it's sole discretion may deem expedient to protect the
rights granted by the owner to the purchaser hereunder and to recover damages and
penalties for any infringement of the said rights and insofar as may be necessary
in the purchaser's reasonable view to use the name of the owner for or in
connection with any of the purposes aforesaid and the owner shall in any such
proceeding afford the purchaser all reasonable assistance the purchaser may
require at the expense of the purchaser in instituting prosecuting or defending
such actions unless the said action is occasioned by some breach or non-
performance by the owner of any covenants or warranties herein contained.
4. for further securing to the purchaser the rights hereby granted the owner
hereby undertakes with the purchaser that the owner will at the request and
expense of the purchaser do all such further acts and things and execute all such
further documents and instruments as the purchaser may from time to time require
for the purpose of confirming the purchaser's title to the said rights in any part
of the world and the owner hereby appoints the purchaser it's irrevocable
attorney-in-fact with the right but not the obligation to do any and all acts and
things necessary for the purpose of confirming the purchaser's title at the
expense of the purchaser as aforesaid and to execute all such deeds documents and
instruments in the name of and on behalf of the owner which appointment shall be
deemed a power coupled with an interest and shall be irrevocable.
5. the owner hereby grants to the purchaser the right to use and authorise others to use the name, biography and likeness of the author when exploiting or dealing with the rights hereby granted provided that the author shall not be represented as personally using or recommending any commercial product other than films or other products of the rights hereby granted based upon the work.
6. the purchaser shall not be obliged to exercise any of the rights of copyright
and other rights in and to the work or any part thereof granted unto the purchaser
hereunder and if the purchaser shall not exercise any of these said rights the
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