This is a format of Copyright Assignment Agreement. This is specifically drafted as an agreement to be entered into by and between an Author and a Book Publisher. A link to download PDF version of the format is given below after the format. Earlier I have posted format of Royalty Agreement.
FORMAT OF COPYRIGHT ASSIGNMENT AGREEMENT
1. Date:
2. Place:
3. Parties:
3.1 ________ (Name), son / wife of ___________________, by Nationality–_______, residing at ____________________________ (with Police Station).
(Author, includes successors-in-interest and assigns)AND
3.2 M/S.__________________________, a _______________, having its office at _______________________________ (with Police Station), being represented by its _________________, ______________________.
(Publisher, includes successors-in-interest and/or assigns)[Author and Publisher collectively Parties and individually Party.]
NOW THIS AGREEMENT WITNESSES, RECORDS, GOVERNS AND BINDS THE CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES AS FOLLOWS:
4. Subject Matter & Background of the Agreement:
4.1 Said Book: The book, description whereof is given in the Schedule below, written/authored by the Author and which has not been published in any form under the license of the Author (Said Book).
4.2 Publishing: Said Book has been written / authored by the Author and the manuscript thereof is also lying with the Author, who intends to publish the same.
5. Basic Understanding:
5.1 Author’s Proposal: Author is willing to grant, convey and/or assign the Copyright in the Said Book to the Publisher on the terms and conditions as will appear hereinafter. Author doth hereby represent and warrant in this regard as stated hereinafter.
5.2 Acceptance by Publisher: Publisher doth accept the proposal of Author relying on his/her representation and warranties.
5.3 Discussions and Negotiations: Discussions and negotiations have taken place between Author and Publisher and essential terms and conditions in this regard have been finalized and agreed by and between the parties.
5.4 Agreement: The parties hereto are now interested to put the said terms and conditions on record by these presents. Conclusive and comprehensive terms and conditions superseding all previous documents and understandings contradictory hereto, if any, are now being recorded by this Agreement.
6. Representations and Warranties of the Author:
6.1 Sole Authorship: Author is the sole writer/author of the Said Book.
6.2 Original Work of Author: Said Book is his/her own original work and creation of Author and is not a copy of any other copyrighted work or not in a public domain.
6.3 Author Absolute Owner: Author has not sold, assigned, leased licensed or in any manner disposed of or encumbered the rights herein granted to Publisher.
6.4 Author has Good Right: Notwithstanding any act, deed or thing whatsoever done, the Author has good right, full power, absolute authority and indefeasible right to enter into this Agreement in the manner specified herein, according to the true intent and meaning of these presents.
7. Transfer/Assignment:
7.1 Hereby Made: Author doth hereby grant, convey, assign and assure to and unto the Publisher, absolutely and forever, free from all encumbrances of any and every nature whatsoever, ALL THAT copyright as defined in section 14 of the Copyright Act, 1957 and/or any other law time being in force, in the Said Book described in the Schedule below, TO HAVE AND TO HOLD the same as absolute owner thereof for the term of copyright as prescribed by law and in any form for all the editions and revised editions in the whole territories of the world on the consideration stated hereinafter.
7.2 Restrictions: Author shall not, however, publish and/or assign/transfer the right to publish the Said Book or any part thereof during the subsistence of this Agreement in any form (inclusive of translation also) and/or in any manner whatsoever, including but not limited to book, periodicals, e-book, weblog etc. without prior written permission of Publisher.
7.3 Other Rights: Author doth hereby grant to Publisher the right to use his/her name, photograph, signature and biographical material in, on and in connection with publications and advertisements of, containing or relating to the Said Book.
7.1 Hereby Made: Author doth hereby grant, convey, assign and assure to and unto the Publisher, absolutely and forever, free from all encumbrances of any and every nature whatsoever, ALL THAT copyright as defined in section 14 of the Copyright Act, 1957 and/or any other law time being in force, in the Said Book described in the Schedule below, TO HAVE AND TO HOLD the same as absolute owner thereof for the term of copyright as prescribed by law and in any form for all the editions and revised editions in the whole territories of the world on the consideration stated hereinafter.
7.2 Restrictions: Author shall not, however, publish and/or assign/transfer the right to publish the Said Book or any part thereof during the subsistence of this Agreement in any form (inclusive of translation also) and/or in any manner whatsoever, including but not limited to book, periodicals, e-book, weblog etc. without prior written permission of Publisher.
7.3 Other Rights: Author doth hereby grant to Publisher the right to use his/her name, photograph, signature and biographical material in, on and in connection with publications and advertisements of, containing or relating to the Said Book.
8. Consideration: At or before hereof, the Publisher has paid to the Author a sum of Rs.________/- (Rupees ___________________) only (Consideration Amount) towards the payment of the Consideration Amount for the assignment and/or transfer herein, receipt whereof the Author doth hereby as well as by the receipt and memo hereunder written, admit and acknowledge. Save and except the Consideration Amount the Author shall not receive and/or claim anything from the Publisher, whatsoever.
9. Other Terms & Obligations:
9.1 Assignment to Third Party: The Publisher shall have the right to assign the benefit of this assignment to any third party.
9.2 Responsibility of the Author: The Author shall be responsible against all claims, demands, damages or loss or costs, which the Publisher may sustain on account of any claim that the Said Book and/or work of Author infringes the copyright or intellectual property right of any other person/s. Author shall promptly bear all expenditure in defending the case in the event of institution of any suit or action or proceeding instituted against Publisher in this behalf.
9.3 Infringement of Copyright: In case of infringement of the copyright the Author shall be solely responsible and shall face the consequences arising therefrom.
9.4 Further Acts: The Author shall at the request and expense of the assignee do all such further acts, deeds and things and execute all such further documents and instruments from time to time necessary to vest the said copyright and rights in the nature of copyright in the assignee and for the protection and enforcement of the same.
10. Miscellaneous:
10.1 Revocation of Previous Understanding: This Agreement is the only contract and understanding between the Parties. All previous discussions and writings, if any, stand revoked and replaced by this Agreement. The provisions of this Agreement shall remain binding upon the Parties unless modified in writing by bilateral instrument.
10.2 Language: All documents to be furnished or communications to be given or made under his Agreement shall be in English Language.
10.3 Custody of Agreement: This Agreement shall be printed in duplicate, signed by both the Parties and Witnesses and retained by both the Parties a single copy hereof.
11. Notice:
11.1 Mode of Service: Except as otherwise expressly provided herein, all notices shall be in writing and shall be transmitted by pre-paid Registered Post at the addresses of the Parties mentioned hereinbefore.
11.2 Change of Address: Either Party may from time to time change his/her/its address for receipt of notice or other communications provided for in this Agreement by giving to the other not less than 15 (fifteen) days prior written notice.
11.1 Mode of Service: Except as otherwise expressly provided herein, all notices shall be in writing and shall be transmitted by pre-paid Registered Post at the addresses of the Parties mentioned hereinbefore.
11.2 Change of Address: Either Party may from time to time change his/her/its address for receipt of notice or other communications provided for in this Agreement by giving to the other not less than 15 (fifteen) days prior written notice.
12. Arbitration: Disputes arising out of this Agreement shall be referred to the sole Arbitration of a single Arbitrator (Sole Arbitrator), being a reference within the meaning of the Arbitration and Conciliation Act, 1996.
13. Jurisdiction: However, only the courts at Kolkata shall have the exclusive jurisdiction.
14. Interpretation:
14.1 Number: Words denoting the singular number include, where the context permits and requires, the plural number and vice-versa.
14.2 Headings: The headings in this Agreement are inserted for convenience only and shall be ignored in construing the provisions of this Agreement.
14.3 Definitions: Words and phrases have been defined in this Agreement by bold print and by putting them within brackets. Where a word or phrase is defined, other parts of speech or grammatical forms of that word or phrase shall have corresponding meaning.
SCHEDULE ABOVE REFERRED TO
(Said Book)
(Said Book)
… Description of the Said Book ……………..
15. Execution and Delivery:
15.1 In Witness Whereof the Parties have executed and delivered this Agreement on the date mentioned above.
____________________
[AUTHOR]
____________________
[PUBLISHER]
Witnesses:
1. Signature: ________________
Name:
Father’s/Husband’s Name:
Address:
2. Signature: _______________
Name:
Father’s/Husband’s Name:
Address:
MEMO OF CONSIDERATION
RECEIVED of and from the within named Publisher the within mentioned sum of Rs._____________/- (Rupees ___________________) only as per the memo below:
Mode of payment Amount (Rs.)
Rupees ________________ only
__________________
[AUTHOR]
W I T N E S S E S:
1. Signature: _______________________
Name:
2. Signature: ________________________
Name:
For downloading the PDF version of the format, please click here.
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