The Copyright License Agreement For Written Work is a crucial legal instrument used when a copyright owner wishes to grant permission to another party to use their written work while retaining ownership of the copyright. This agreement is particularly relevant in Australia, where it must comply with the Copyright Act 1968 (Cth) and related legislation. It is commonly used by authors, publishers, and content creators who want to monetize their work while maintaining control over its use. The document typically includes detailed provisions about the scope of the license, territorial restrictions, payment terms, quality control measures, and termination rights. It's essential for protecting intellectual property rights while facilitating commercial exploitation of written works in various formats and markets.
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1. Parties: Identification and details of the Licensor (copyright owner) and Licensee
2. Background: Context of the agreement, confirmation of copyright ownership, and purpose of the license
3. Definitions: Definitions of key terms used throughout the agreement
4. License Grant: Scope and nature of the license being granted, including permitted uses and territories
5. Term and Termination: Duration of the license and circumstances for termination
6. Payment Terms: License fees, royalties, payment schedule, and reporting requirements
7. Licensee Obligations: Responsibilities of the Licensee in using the licensed work
8. Intellectual Property Rights: Confirmation of ownership and protection of intellectual property
9. Warranties and Representations: Guarantees regarding ownership, right to license, and non-infringement
10. Indemnification: Mutual or one-way indemnification obligations
11. Confidentiality: Protection of confidential information shared during the agreement
12. General Provisions: Standard boilerplate clauses including governing law, notices, and assignment
1. Exclusivity: Terms regarding exclusive or non-exclusive licensing rights - include when exclusive rights are being granted
2. Sublicensing Rights: Terms allowing or prohibiting sublicensing - include when sublicensing is permitted
3. Moral Rights: Handling of moral rights - include when specific attribution or integrity rights are important
4. Quality Control: Standards for reproduction or display - include when maintaining work quality is crucial
5. Marketing and Promotion: Terms for promoting the licensed work - include when marketing rights are part of the license
6. Audit Rights: Right to audit licensee's use and payments - include for significant commercial licenses
7. Territory Restrictions: Specific geographical limitations - include when license is territory-specific
8. Digital Rights Management: Requirements for digital protection - include for digital distribution
9. Derivative Works: Rights to create derivative works - include when adaptations are permitted
1. Schedule 1 - Licensed Work: Detailed description of the written work being licensed, including title, length, and any identifying features
2. Schedule 2 - License Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms
3. Schedule 3 - Approved Uses: Specific list of permitted uses and formats for the licensed work
4. Schedule 4 - Territory: Detailed description of geographical territories where license applies
5. Appendix A - Style Guide: Guidelines for presentation and formatting of the work
6. Appendix B - Attribution Requirements: Specific requirements for crediting the author/copyright owner
7. Appendix C - Reporting Template: Standard format for usage and royalty reporting
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