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SOR Signature Print Name LICENSEE Signature Print Name Copyright License Agreement (Text) 5 to the subject matter of this Agreement. Copyright License Agreement (Text) 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. LICENy prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relatingnience only and shall not affect the meaning of the provisions of this Agreement. 12. Entire Agreement. This Agreement constitutes the entire agreement between Licensor and Licensee, and supersedes anturn receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: If to Licensor: If to Licensee: 11. Headings. The headings for section herein are for convesion valid, then such provision shall be deemed to be construed as so limited. 10. Notice. Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified reall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the proviconstitute one agreement. Copyright License Agreement (Text) 3 9. Severability. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shregard to conflicts of law principles. 8. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall ensee within 30 days of such assignment. 7. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ___________________, without tify Licensee in writing in the event of that Licensor assigns all or a material part of this Agreement (the "Licensor's Notice of Assignment"). The Licensor's Notice of Assignment must be sent to Lic transferee of a controlling equity interest in Licensee. Licensor shall have the right to transfer its interest in this Agreement and in the Material without the consent of Licensee. Licensor must no. Licensee may, however, assign this Agreement without Licensor's prior written approval if such transfer is to a purchaser of all or substantially all of Licensee's assets, or to a purchaser or othereach of Licensor's warranties set forth in Section 4 above. 6. Assignment. Licensee may not assign its rights, duties or obligations under this Agreement without the prior written approval of Licensorthan Licensee for the duration of this Agreement. 5. Indemnification. Licensor agrees to indemnify and hold harmless Licensee for any claims, suits, damages, actions, or other costs arising out any br is exclusive) Licensor represents and warrants that Licensor has not licensed the Material to any person or entity other than Licensee, nor will it license the Material to any person or entity other or represents and warrants that it has the legal authority to grant Licensee the License, and that no other person or entity is required to give its consent for the License to be valid. c. (if Licensentations and Warranties. a. Licensor represents and warrants that it is the sole and exclusive owner of the copyright in the Material, and owns all right, title and interest in the Material. b. Licensremain obligated to pay to Licensor any royalties due to Licensor for each unit of the Work sold, whether those units were sold before or after the termination of this Agreement. 4. Licensor's Represe shall be considered to be a material breach of this Agreement. e. In the event that this Agreement expires or is terminated pursuant to the terms and conditions under Section 2 above, Licensee shall termined that any Quarterly Royalty Payment has been deficient, Licensee shall have 7 days to pay Licensor the deficient amount. Failure to pay deficient royalty amounts within the time allotted above to Licensee's records, wherever commercially reasonable, in order to audit Licensee's stated sales records, and to confirm that all royalty payments are properly stated and accounted for. If it is derly Royalty Payments within the time allotted above shall be considered to be a material breach of this Agreement. Copyright License Agreement (Text) 2 d. Licensor shall be given access by Licenseeter the end of each quarter. Payment of each Quarterly Royalty Payment must be paid to Licensor in full within 30 days of the end of each quarter. Failure to submit Quarterly Reports or to make Quarteing quarter, and the corresponding amount owed to Licensor as royalty payments for that quarter (the "Quarterly Royalty Payment"). Quarterly Reports must be received by Licensor no more than 7 days afquarterly reports (the "Quarterly Reports") at the end of each quarter of the calendar year (March 31; June 30; September 30; December 31) stating the number of units of the Work sold for the then-ends discussed in Subsection (a) above, in the amount of $ . This advance shall be paid in full to Licensor within 7 days of the execution of this Agreement. c. Licensee shall submit to Licensor written tions, deductions, or other formulae that will be used to determine the definition of "gross sales" for the purposes of this section.) b. Licensee shall pay to Licensor an advance against the royaltie of Licensor. 3. Payments. a. Licensee shall pay to Licensor a royalty of: per unit of the Work sold. % of the gross sales from each unit of the Work sold. Additional details: . (Include any consideranits. e. At the end of the Term, or upon any termination of this Agreement, all rights, interest and ownership of the copyright in the Material shall revert to Licensor, and shall be the sole propertythe course of Licensee's business as soon as is commercially feasible. Licensee may sell any units of the Work that are on hand after termination of this Agreement, but shall not produce any further un stating Licensor's intent to terminate and the intended date of termination. d. In the event that this Agreement is terminated pursuant to this Section 2, Licensee shall cease using the Material in In order to terminate this Agreement pursuant to Subsection (b) above, Licensor must provide written notice to Licensee or to Licensee's successor in interest within 30 days of the date of terminatio Agreement. ii. Licensee ceases to sell the Work for any period of 12 consecutive months. iii. Licensee materially breaches a material provision, term, or condition under this Agreement, including. c.ed events occur, Licensor shall have the right to terminate this Agreement: Copyright License Agreement (Text) 1 i. Licensee does not sell any units of the Work within 12 months of the date of this shall continue in full force and effect for a period of years (the "Term"), unless terminated earlier pursuant to this the terms of this Section 2. b. Should any one or more of the following enumerat not make any other use of the Material other than those authorized above without prior written approval from Licensor. 2. Term. a. The term of this Agreement shall begin on the date written above andn the Material. Licensee shall enjoy only the rights set forth above, and nothing in this Agreement shall entitle Licensee to make any claim to ownership of the copyright in the Material. Licensee mayanother product, created by Licensee Use the Material in advertising materials Other/Details ) . The License shall be exclusive nonexclusive. Licensor shall remain the sole owner of the copyright i the preparation of the work in the following respects (the "License"): Reproduce the Material Sell the Material Perform the Material (If so, specify type of performance Incorporate the Material into ties, and other good and valuable consideration set forth herein, the Parties agree as follows: 1. Grant of License. Licensor hereby grants to Licensee a nontransferable license to use the Material in(Brief description of product Licensee for which will use Material) (the "Work"), under the terms set forth in this Agreement; NOW THEREFORE, in consideration of the mutual promises, covenants, warran holder and owner of all proprietary interest in (Brief description of text to be licensed) (the "Material"). AND WHEREAS, Licensor wishes to permit Licensee to use the Material in the preparation of ns. LICENSE AGREEMENT FOR COPYRIGHTED TEXT THIS AGREEMENT is made this day of , 20 , by and between ("Licensor") and ("Licensee", and collectively, the "Parties"). WHEREAS, Licensor is the copyrighticensor will guarantee theses basic representations by indemnifying the licensee against any damages that the licensee might suffer due to the failure of the licensor to live up to those representatiorship interest in the copyrighted material that it claims to have, and that it therefore has the right to grant the license in the first place. The terms of the sample agreement below state that the lmethod by which royalty payments will be calculated. Licensor's Representations and Warranties The most basic representation that a licensor will generally be expected to make is that it has the owness sales before the percentage is taken, i.e., the amount of products returned by customers, expenses incurred in advertising the product, etc. It is important in this provision to define clearly the m gross sales revenue before a royalty percentage is applied. For example, will the royalty be a percentage of the total gross sales received by licensee? Or will certain expenses be deducted from gro of total sales is to select a percentage of gross sales revenues from all sales of the licensed products. However, in many instances, a licensee will be given the right to deduct certain expenses froee. In other cases, a royalty is computed as a percentage of the sales revenue received by the licensee in the sale of licensed products. The simplest method of calculating the royalty as a percentageert back to the licensor. Payments There are a number of different ways of calculating royalty payments. In some cases, a royalty is a flat amount paid based on the number of units sold by the licens the scope and boundaries of the license. Term The term of the license agreement, and of the license granted therein, is generally for a fixed period of years, all rights under the copyright will revd as a play, or some other sort of performance? Can it be adapted into another medium? If so, how? It is important to be very clear as to what rights the licensee will enjoy, thus clearly establishing. When granting a license to a licensee, it is important to state clearly which particular rights will be afforded to the licensee. Can the licensee copy and/or sell the text? Can the text be performeted in this type of agreement spells out the kinds of rights that the licensee will be able to enjoy. As noted above, a federal copyright bestows upon the copyright holder a bundle of different rightsat license. If your situation requires treatment of more complex issues, you should consult a competent attorney who can assist you in drafting a suitable agreement. Grant of License The license granreements can be extremely complex. The sample agreement included in this kit is a basic agreement, addressing the key elements to licensing a copyright, and receiving royalty payments in return for tht, the rights are generally licensed for a defined period of time, after which the rights revert back to the copyright holder. Instructions for Copyright License Agreement (Text) Copyright License Aghe copyright holder is entitled to license or assign those rights to a third party. The copyright holder can choose to license all of the rights, or only certain specific rights. In a license agreemen other rights included within the copyright bundle of rights. The rights conferred upon a copyright holder by federal law are exclusive; that is, they belong solely to the copyright holder. However, tsell the copyrighted material, the right to copy it, the right to adapt it to another medium, the right to perform it, and the right to publish it. This list is not exhaustive, and there are a host ofhe copyright umbrella, affording the copyright holder the ability to use, sell, or transfer the copyrighted material in virtually any manner he/she wishes. This bundle of rights includes the right to fforded by the federal copyright statute. Rights Enjoyed by Copyright Holder Federal copyrights confer upon their holder a number of rights and protections. These rights are "bundled" together under twork in the course of that employment, then the work may be considered to be a "work for hire." In this situation, the employer would be the copyright holder, enjoying all the rights and protections ae, the copyright automatically attaches to the sculpture, with the artist being the holder of that copyright. However, if the creator of the work is under the employ of another party, and creates the isit our website at www.findlegalforms.com, and click the copyright link. Copyright Holder In most cases, a copyright is held by the creator of the work. For example, when an artist creates a sculpturto enjoy the rights of a copyright holder, it does provide some additional protections against infringement, and is a fairly simple process. To register a work with the U.S. Copyright Office, please ve tangible or permanent form. For instance, a song is fixed once it is recorded; a text is copyrighted once it is written. While registering a work with the Copyright Office is not necessary in order protects the creator, and affords him/her the rights of a copyright holder, whether the holder takes any action to register the copyright or not. In order to be fixed, a work must simply be given sompyright Office, federal copyrights actually attach automatically to a work of art, a text, or any other creative work. Once the work is "fixed" in a particular medium, the copyright attaches to it. It refers to the statutorily created federal copyright, governed by the federal copyright statute (Title 17 of the U.S. Code). Creation of a Copyright While one may register a copyright with the U.S. Coagreement before you sign it. Basic Introduction to Federal Copyrights Copyright law falls largely, and often entirely, within the purview of federal law. Consequently, the term "copyright" generallyexplaining the significance and operation of each provision in the Agreement. The kit should be used to draft your own agreement, but you are advised to have a competent copyright attorney review the s in the copyrighted material revert back to the copyright holder. Included in this kit is a sample form for drafting a copyright license agreement for a written text, along with general instructions license generally is given for a specific duration, during which the licensee pays the holder a royalty amount for the use of the copyrighted material. Once the term of the license is over, all righttext. While a copyright holder holds the exclusive rights to control and exploit the copyrighted material, he/she may transfer certain of those rights to a third party by way of a license. A copyrightFINDLEGALFORMS.COM Copyright License Agreement (Text) ­ Kit This kit includes information and tools that will assist you in drafting a copyright license agreement, licensing the use of a copyrighted