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and year first above written. LICENSOR Signature Print Name LICENSEE Signature Print Name Copyright License Agreement (Video) 5 s, whether oral or written, relating to the subject matter of this Agreement. Copyright License Agreement (Video) 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the daynsor and Licensee, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreementngs for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. 12. Entire Agreement. This Agreement constitutes the entire agreement between Licee in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows: If to Licensor: If to Licensee: 11. Headings. The headi such provision would make the provision 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 b, the remainder of this Agreement shall 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 limitingh shall constitute an original and all of which, when taken together, shall constitute one agreement. 9. Severability. If any part or parts of this Agreement shall be held unenforceable for any reasonte of ___________________, without regard to conflicts of law principles. Copyright License Agreement (Video) 3 8. Counterparts. This Agreement may be executed in several counterparts, each of whice of Assignment must be sent to Licensee 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 Stansent of Licensee. Licensor must notify 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 Notic assets, or to a purchaser or other 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 co prior written approval of Licensor. 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, or other costs arising out any breach 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 therial to any person or entity other than Licensee for the duration of this Agreement. 5. Indemnification. Licensor agrees to indemnify and hold harmless Licensee for any claims, suits, damages, actionsLicense to be valid. c. (if License 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 Mateinterest in the Material. b. Licensor 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 is Agreement. 4. Licensor's Representations 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 er Section 2 above, Licensee shall remain 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 thunts within the time allotted above 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 undated and accounted for. If it is determined that any Quarterly Royalty Payment has been deficient, Licensee shall have 7 days to pay Licensor the deficient amount. Failure to pay deficient royalty amor shall be given access by Licensee 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 stuarterly Reports or to make Quarterly Royalty Payments within the time allotted Copyright License Agreement (Video) 2 above shall be considered to be a material breach of this Agreement. d. Licensoby Licensor no more than 7 days after 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 Q of the Work sold for the then-ending quarter, and the corresponding amount owed to Licensor as royalty payments for that quarter (the "Quarterly Royalty Payment"). Quarterly Reports must be received shall submit to Licensor written quarterly 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 unitsor an advance against the royalties 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 details: . (Include any considerations, 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, and shall be the sole property 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. Additionalut shall not produce any further units. 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 Licensshall cease using the Material in the 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, b 30 days of the date of termination 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 nder this Agreement, including. c. 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 withinthin 12 months of the date of this 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 u Agreement (Video) 1 b. Should any one or more of the following enumerated events occur, Licensor shall have the right to terminate this Agreement: i. Licensee does not sell any units of the Work wigin on the date written above and 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. Copyright Licenseght in the Material. Licensee may 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 bethe sole owner of the copyright in 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 copyriterial Incorporate the Material into another product, created by Licensee Use the Material in advertising materials Other/Details . The License shall be exclusive nonexclusive. Licensor shall remain ble license to use the Material in the preparation of the work in the following respects (the "License"): Reproduce the Material Sell the Material Adapt the Material into another medium Perform the Mamutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows: 1. Grant of License. Licensor hereby grants to Licensee a nontransferahe Material in the preparation of (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 HEREAS, Licensor is the copyright holder and owner of all proprietary interest in (Brief description of video to be licensed) (the "Material"). AND WHEREAS, Licensor wishes to permit Licensee to use to live up to those representations. LICENSE AGREEMENT FOR COPYRIGHTED VIDEO THIS AGREEMENT is made this day of , 20 , by and between ("Licensor") and ("Licensee", and collectively, the "Parties"). Wagreement below state that the licensor will guarantee theses basic representations by indemnifying the licensee against any damages that the licensee might suffer due to the failure of the licensor t to make is that it has the ownership 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 provision to define clearly the method by which royalty payments will be calculated. Licensor's Representations and Warranties The most basic representation that a licensor will generally be expectedin expenses be deducted from gross 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 t to deduct certain expenses from 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 certating the royalty as a percentage 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 righmber of units sold by the licensee. 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 calculahts under the copyright will revert 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 nuenjoy, thus clearly establishing 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 rigeo be adapted into another medium? If so, what limitations are placed upon the use of that derivative medium? Can it be performed? It is important to be very clear as to what rights the licensee will ights. 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 reproduce the video work for sale? Can the vid granted 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 ror that 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 licensese Agreements 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 feement, 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 (FORM) Copyright Licener, the 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 agrst of 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. Howevt to sell 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 hoder the 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 righons afforded 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 un the work 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 protectilpture, 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 createsase visit 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 scurder to 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, plen some 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 ot. It 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 giveS. Copyright 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 irally 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. the agreement 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" geneions explaining 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 reviewl rights 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 video work, along with general instructpyright 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, al video work. 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 coFINDLEGALFORMS.COM Copyright License Agreement (Video) ­ Kit This kit includes information and tools that will assist you in drafting a copyright license agreement, licensing the use of a copyrighted