The Copyright License Agreement For Written Work is essential for any transaction involving the licensed use of copyrighted written material in Canada. This document is commonly used when authors, writers, or content creators want to grant specific usage rights to publishers, media companies, or other entities while retaining their underlying copyright. It must comply with the Canadian Copyright Act (R.S.C., 1985, c. C-42) and provincial contract laws, with particular attention to moral rights protection, which cannot be waived under Canadian law. The agreement includes detailed provisions for usage scope, territory, duration, compensation, and attribution requirements, making it suitable for various applications from book publishing to digital content distribution. It's particularly important in protecting both the creator's intellectual property rights and the licensee's commercial interests while ensuring legal compliance.
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1. Parties: Identification of the licensor (copyright owner) and licensee, including full legal names and addresses
2. Background: Context of the agreement, confirmation of copyright ownership, and general purpose of the license
3. Definitions: Defined terms used throughout the agreement, including 'Work', 'Territory', 'Term', 'Derivative Works', etc.
4. Grant of Rights: Specific rights being licensed (e.g., reproduction, distribution, creation of derivative works) and any restrictions
5. Territory and Duration: Geographic scope of the license and its temporal limitations
6. Payment Terms: License fees, royalties, payment schedule, and reporting requirements
7. Delivery and Format: Specifications for how the Work will be delivered and in what format
8. Attribution and Moral Rights: Requirements for crediting the author and protecting moral rights
9. Warranties and Representations: Licensor's warranties regarding ownership and right to license the Work
10. Indemnification: Mutual or unilateral indemnification obligations
11. Termination: Conditions for termination, including breach and convenience
12. Post-Termination Obligations: Actions required after agreement ends, including return or destruction of materials
13. General Provisions: Standard boilerplate clauses including governing law, notices, and amendment procedures
1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties
2. Electronic Rights: Include for digital publishing rights and online distribution
3. Translation Rights: Include when the license includes right to translate the Work
4. Adaptation Rights: Include when licensee may create derivative works or adaptations
5. First Right of Refusal: Include when licensor grants licensee priority for additional works or rights
6. Quality Control: Include when licensor requires approval rights over final published form
7. Competing Works: Include restrictions on licensor's ability to license similar works
8. Collective Rights Management: Include when work is registered with copyright collective societies
1. Schedule A - The Work: Detailed description of the licensed work, including title, length, and any identifying information
2. Schedule B - Territory: Detailed breakdown of geographic territories and any territory-specific terms
3. Schedule C - Payment Schedule: Detailed breakdown of payments, royalty rates, and calculation methods
4. Schedule D - Style Guide: Requirements for presentation, formatting, and attribution of the Work
5. Appendix 1 - Sample Attribution: Examples of acceptable forms of author attribution
6. Appendix 2 - Delivery Requirements: Technical specifications for delivery format and requirements
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