A Copyright Exclusive Licence is used when a copyright owner wishes to grant exclusive rights to their intellectual property to another party while retaining underlying ownership. This document, governed by English and Welsh law, is particularly important in commercial transactions where the licensee requires certainty that they will be the only party permitted to exploit the copyrighted work in specific ways. The agreement typically includes detailed provisions about the scope of rights, territory, duration, payment terms, quality control, and termination provisions.
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1. Parties: Identification and details of the licensor and licensee
2. Background: Context of the agreement and ownership confirmation of the copyright work
3. Definitions: Key terms used throughout the agreement including Licensed Work, Territory, and Exclusive Period
4. Grant of Rights: Specific rights being licensed and their exclusive nature, including scope of use and exploitation rights
5. Territory: Geographical scope of the licence and any territorial restrictions
6. Duration: Term of the licence including commencement date and expiry or renewal provisions
7. Payment Terms: Fees, royalties, payment schedule and calculation methods
8. Warranties and Indemnities: Legal guarantees and protections, including ownership warranties and infringement indemnities
9. Termination: Circumstances and process for ending the agreement, including breach and consequences
1. Quality Control: Standards for use of the copyrighted work and approval processes for modifications
2. Sub-licensing Rights: Provisions governing the licensee's right to grant sub-licenses to third parties
3. Moral Rights: Provisions regarding attribution rights and integrity of the work
4. Development and Modifications: Rights and processes for making changes to the licensed work
5. Confidentiality: Provisions for protecting confidential information exchanged during the licence period
1. Schedule 1 - Licensed Works: Detailed description and specification of the copyrighted works being licensed
2. Schedule 2 - Royalty Calculations: Detailed breakdown of payment calculations, reporting requirements and audit rights
3. Schedule 3 - Technical Specifications: Technical requirements and standards for use of the work
4. Schedule 4 - Approved Sub-licensees: List of pre-approved sub-licensees (if applicable)
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