COPYRIGHT TRANSFER AGREEMENT
Alberta
Effective date: ________
CONTEXT
This Copyright Transfer Agreement (hereinafter, the "Agreement") is entered into by and between the following parties:
ASSIGNOR. ________, a business with its principal place of business at the following address:
________
(hereinafter, the "Assignor")
-AND-
ASSIGNEE. ________, a business having its principal place of business at the following address:
________
(hereinafter, the "Assignee")
The Assignor and the Assignee are together referred to as the "Parties" and individually as a "Party".
PREAMBLE
The Assignor is the author of the work (hereinafter "the Work") described as follows:
________.
The Assignee is a business carrying out the following activity:
________.
The Parties have come together to agree on the conditions of this transfer of the exploitation rights of the Work.
THE PARTIES HAVE AGREED AS FOLLOWS:
ARTICLE I - SUBJECT
By the present Agreement, the Assignor transfers to the Assignee, who accepts them, the economic rights on the Work, as defined hereafter, for the following exploitation:
________.
The Assignee undertakes to exploit the Work in strict compliance with the moral rights of the Assignor.
ARTICLE II - RIGHTS ASSIGNED
This assignment includes:
1. The right to reproduce the Work, in whole or in part, in any format and on any medium known or unknown to date, including but not limited to physical, analog, magnetic, digital, electronic or optical, including but not limited to printing, photocopying, scanning, uploading, hosting on the Internet, copying or saving to hard drive, memory card, USB key, optical disc, CD Rom, DVD, audio or video recording.
2. The right to represent and distribute the Work to the public, in its entirety or in excerpts, by all communication processes known or unknown to date, including, but not limited to, radio transmission, over-the-air television, digital terrestrial television, cable, satellite, cinema, internet, digital network, computer storage, internet broadcasting, uploading, streaming, paper edition, exhibition or performance in a public or private place.
3. The right to adapt, modify, translate, arrange, retouch or transform the Work in order to allow its exploitation in accordance with its intended purpose.
4. The right to manufacture, market, distribute and/or sell derivative products reproducing, incorporating or evoking in their form or content, all or part of the Work.
By express agreement, the assignee may authorize, in particular by way of sub-license or license, the exploitation by a third party of all or part of the rights assigned to them herein, subject to informing the Assignor and providing information about the sub-licensed third party.
The assignment is made on a title basis: exclusive, the Assignor shall not, in the territory indicated below, exploit the assigned rights, directly or indirectly, or authorize their exploitation by a third party.
ARTICLE III - TERRITORY
The assignment is valid for Canada only.
ARTICLE IV - DURATION
The assignment is valid, starting from the signing of this Agreement, for the following period: ________. The Work will be protected for the entire legal duration of intellectual property rights, as defined by the legislation in force in Canada and abroad, as well as current or future international conventions. Once this duration has expired, the work will be in the public domain.
ARTICLE V - REMUNERATION OF THE ASSIGNOR
The assignment is granted in consideration of the payment, by the Assignee to the Assignor, of a royalty proportional to the net revenues from the exploitation of the Work, calculated as follows:
________
The Assignee shall pay to the Assignor, upon execution of the Agreement, the sum of ________ ($________) as an advance of rights, recoverable from the royalty mentioned above.
All payments shall be made by check or bank transfer made directly to the order of the Assignor by the Assignee, upon presentation of an invoice.
ARTICLE VI - RENDERING OF ACCOUNTS
The Assignee is required to report to the Assignor on the exploitation of the Work and the calculation of the remuneration due to him. For this purpose, the Assignee shall send to the Assignor a statement of account each week.
The Assignor, or its designated agent, may obtain upon first request the communication of any evidence, document, exhibit or contract useful in verifying the accuracy of the accounts.
ARTICLE VII - GUARANTEES
The Assignor guarantees that he is the sole owner of the assigned rights, and that nothing opposes their exploitation by the Assignee.
The Assignor declares that the Work is entirely original and does not borrow, by reproduction, resemblance or reminiscence, any element from another protected work or from any other work likely to infringe the rights of a third party.
The Assignor guarantees to the Assignee a peaceful enjoyment of the assigned rights.
The Assignor guarantees that no litigation, claim or proceeding has been initiated that could directly or indirectly jeopardize the assigned rights.
He undertakes to collaborate with the Assignee in all the steps necessary to safeguard and respect the assigned rights, in particular by providing him with the required documents on first request.
ARTICLE VIII - OBLIGATION TO OPERATE
The Assignee undertakes to ensure the permanent exploitation of the Work in accordance with the practices of his profession.
In the event of failure to exploit the Work, the Agreement will be terminated by operation of law at the end of a period of two (2) months, after formal notice by registered letter with acknowledgement of receipt has remained unsuccessful.
ARTICLE IX - DELIVERY OF ELEMENTS
The Assignor delivers to the Assignee, at the signature of the present Agreement, the Work in its complete and final version, accepted by the Assignee, as well as all the supports and elements allowing the exploitation of the assigned rights.
ARTICLE X - 55825885588
52 252 28222 22 222-22522525282 82 222 22 252 2552828 22 522 22 828 82225582558 28882528228, 2588 825222222 8888 82 2252825225 82 222552822 22 858, 82 252 22525 25522 8228 282, 22 252 258858882 522582222 22 252 5225582822 25522. 552 22528252822 8888 828222 222282882 52 252 225 22 5 225825 22 282 (5) 222258 52225 252 5225582822 25522 558 8222 28822 225258 222882 22 2252252 828 28882528228, 82 5228822525 822225 8825 582228825222222 22 5282822, 85885 558 52258225 528588288258.
ARTICLE XI - FORCE MAJEURE
Neither Party may be held responsible in the event of non-performance of its obligations due to a case of force majeure, in the sense usually retained by the Canadian jurisprudence.
The Party prevented from performing its obligations shall inform the other Party by registered letter with acknowledgement of receipt, including a brief description of the force majeure event as well as an estimate of its duration.
The occurrence of a force majeure event will result in the suspension of the execution of the Agreement. After a period of one month, if the execution of the Agreement cannot be resumed, each Party will be able to terminate the Agreement by registered letter with acknowledgement of receipt, without notice or compensation on either side.
ARTICLE XII - ELECTION OF DOMICILE
For the execution of the present Agreement, the Parties elect domicile at their address indicated at the head of the present Agreement. Any change of address must be notified without delay to the other Party, by registered letter with acknowledgement of receipt.
ARTICLE XIII - APPLICABLE LAW
The present Agreement is exclusively governed by the law of Canada.
EXECUTION
Made in __________________________, the __________________________,
In 2 copies.
ASSIGNEE
_________________________________
________, Representative of ________
_________________
Date
ASSIGNOR
_________________________________
________, Representative of ________
_________________
Date
COPYRIGHT TRANSFER AGREEMENT
Alberta
Effective date: ________
CONTEXT
This Copyright Transfer Agreement (hereinafter, the "Agreement") is entered into by and between the following parties:
ASSIGNOR. ________, a business with its principal place of business at the following address:
________
(hereinafter, the "Assignor")
-AND-
ASSIGNEE. ________, a business having its principal place of business at the following address:
________
(hereinafter, the "Assignee")
The Assignor and the Assignee are together referred to as the "Parties" and individually as a "Party".
PREAMBLE
The Assignor is the author of the work (hereinafter "the Work") described as follows:
________.
The Assignee is a business carrying out the following activity:
________.
The Parties have come together to agree on the conditions of this transfer of the exploitation rights of the Work.
THE PARTIES HAVE AGREED AS FOLLOWS:
ARTICLE I - SUBJECT
By the present Agreement, the Assignor transfers to the Assignee, who accepts them, the economic rights on the Work, as defined hereafter, for the following exploitation:
________.
The Assignee undertakes to exploit the Work in strict compliance with the moral rights of the Assignor.
ARTICLE II - RIGHTS ASSIGNED
This assignment includes:
1. The right to reproduce the Work, in whole or in part, in any format and on any medium known or unknown to date, including but not limited to physical, analog, magnetic, digital, electronic or optical, including but not limited to printing, photocopying, scanning, uploading, hosting on the Internet, copying or saving to hard drive, memory card, USB key, optical disc, CD Rom, DVD, audio or video recording.
2. The right to represent and distribute the Work to the public, in its entirety or in excerpts, by all communication processes known or unknown to date, including, but not limited to, radio transmission, over-the-air television, digital terrestrial television, cable, satellite, cinema, internet, digital network, computer storage, internet broadcasting, uploading, streaming, paper edition, exhibition or performance in a public or private place.
3. The right to adapt, modify, translate, arrange, retouch or transform the Work in order to allow its exploitation in accordance with its intended purpose.
4. The right to manufacture, market, distribute and/or sell derivative products reproducing, incorporating or evoking in their form or content, all or part of the Work.
By express agreement, the assignee may authorize, in particular by way of sub-license or license, the exploitation by a third party of all or part of the rights assigned to them herein, subject to informing the Assignor and providing information about the sub-licensed third party.
The assignment is made on a title basis: exclusive, the Assignor shall not, in the territory indicated below, exploit the assigned rights, directly or indirectly, or authorize their exploitation by a third party.
ARTICLE III - TERRITORY
The assignment is valid for Canada only.
ARTICLE IV - DURATION
The assignment is valid, starting from the signing of this Agreement, for the following period: ________. The Work will be protected for the entire legal duration of intellectual property rights, as defined by the legislation in force in Canada and abroad, as well as current or future international conventions. Once this duration has expired, the work will be in the public domain.
ARTICLE V - REMUNERATION OF THE ASSIGNOR
The assignment is granted in consideration of the payment, by the Assignee to the Assignor, of a royalty proportional to the net revenues from the exploitation of the Work, calculated as follows:
________
The Assignee shall pay to the Assignor, upon execution of the Agreement, the sum of ________ ($________) as an advance of rights, recoverable from the royalty mentioned above.
All payments shall be made by check or bank transfer made directly to the order of the Assignor by the Assignee, upon presentation of an invoice.
ARTICLE VI - RENDERING OF ACCOUNTS
The Assignee is required to report to the Assignor on the exploitation of the Work and the calculation of the remuneration due to him. For this purpose, the Assignee shall send to the Assignor a statement of account each week.
The Assignor, or its designated agent, may obtain upon first request the communication of any evidence, document, exhibit or contract useful in verifying the accuracy of the accounts.
ARTICLE VII - GUARANTEES
The Assignor guarantees that he is the sole owner of the assigned rights, and that nothing opposes their exploitation by the Assignee.
The Assignor declares that the Work is entirely original and does not borrow, by reproduction, resemblance or reminiscence, any element from another protected work or from any other work likely to infringe the rights of a third party.
The Assignor guarantees to the Assignee a peaceful enjoyment of the assigned rights.
The Assignor guarantees that no litigation, claim or proceeding has been initiated that could directly or indirectly jeopardize the assigned rights.
He undertakes to collaborate with the Assignee in all the steps necessary to safeguard and respect the assigned rights, in particular by providing him with the required documents on first request.
ARTICLE VIII - OBLIGATION TO OPERATE
The Assignee undertakes to ensure the permanent exploitation of the Work in accordance with the practices of his profession.
In the event of failure to exploit the Work, the Agreement will be terminated by operation of law at the end of a period of two (2) months, after formal notice by registered letter with acknowledgement of receipt has remained unsuccessful.
ARTICLE IX - DELIVERY OF ELEMENTS
The Assignor delivers to the Assignee, at the signature of the present Agreement, the Work in its complete and final version, accepted by the Assignee, as well as all the supports and elements allowing the exploitation of the assigned rights.
ARTICLE X - 55825885588
52 252 28222 22 222-22522525282 82 222 22 252 2552828 22 522 22 828 82225582558 28882528228, 2588 825222222 8888 82 2252825225 82 222552822 22 858, 82 252 22525 25522 8228 282, 22 252 258858882 522582222 22 252 5225582822 25522. 552 22528252822 8888 828222 222282882 52 252 225 22 5 225825 22 282 (5) 222258 52225 252 5225582822 25522 558 8222 28822 225258 222882 22 2252252 828 28882528228, 82 5228822525 822225 8825 582228825222222 22 5282822, 85885 558 52258225 528588288258.
ARTICLE XI - FORCE MAJEURE
Neither Party may be held responsible in the event of non-performance of its obligations due to a case of force majeure, in the sense usually retained by the Canadian jurisprudence.
The Party prevented from performing its obligations shall inform the other Party by registered letter with acknowledgement of receipt, including a brief description of the force majeure event as well as an estimate of its duration.
The occurrence of a force majeure event will result in the suspension of the execution of the Agreement. After a period of one month, if the execution of the Agreement cannot be resumed, each Party will be able to terminate the Agreement by registered letter with acknowledgement of receipt, without notice or compensation on either side.
ARTICLE XII - ELECTION OF DOMICILE
For the execution of the present Agreement, the Parties elect domicile at their address indicated at the head of the present Agreement. Any change of address must be notified without delay to the other Party, by registered letter with acknowledgement of receipt.
ARTICLE XIII - APPLICABLE LAW
The present Agreement is exclusively governed by the law of Canada.
EXECUTION
Made in __________________________, the __________________________,
In 2 copies.
ASSIGNEE
_________________________________
________, Representative of ________
_________________
Date
ASSIGNOR
_________________________________
________, Representative of ________
_________________
Date
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