$14.95 AUD

Add to cart

CHEDULE 1: List of Materials Copyright Assignment 9 SCHEDULE 2: List of Assignee's Property Copyright Assignment 10 ature of Party ............................................................... Signature of Witness ........................ ................... ........... Name of Witness Copyright Assignment 8 SSignature of Witness ........................ ................... ........... Name of Witness Creator, ______day of 20__, in the presence of: ................................................... . Signme of Witness Assignee, ______day of 20__, in the presence of: ................................................... . Signature of Party ............................................................... .................................. . Signature of Party ............................................................... Signature of Witness ........................ ................... ........... Naentionally left blank.] Copyright Assignment 7 EXECUTED unconditionally by the parties as a Deed SIGNED SEALED AND DELIVERED by Assignor this ______day of 20__ in the presence of: ..................2. delays in exercising or does not exercise that right, whether knowingly or not; that delay in exercising or failure to exercise is not a waiver of that right or any other right. [This section int without being impaired or invalidated in any way. 14.8. Waiver: 14.8.1. If a party: 14.8.1.1. has a right arising from another party's failure to comply with an obligation under this Deed; and 14.8.1ity: If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effectendent Parties: Nothing in this Deed or its performance gives rise to any relationship of agency, employment or partnership between the parties or between any personnel of the parties. 14.7. Severabilmmitments concerning the subject matter of this Deed are merged in and superseded by this Deed and are of no effect. Neither party is liable to the other party in respect of those matters. 14.6. Indepstanding: This Deed contains the entire understanding between the parties as to the subject matter of this Deed. All previous negotiations, understandings, representations, warranties, memoranda or coproceedings being brought in those courts. 14.4. Counterparts: This Deed may consist of a number of counterparts and, if so, the counterparts taken together constitute one document. 14.5. Entire underisdiction of the courts of __________________________[Mention State in Australia] and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any is to be construed in accordance with the laws applicable in __________________________[Mention State in Australia]. 14.3.2. Each party irrevocably and unconditionally submits to the non-exclusive jurrty reasonably requires of it to give effect to this Deed and to perform its obligations under it. Copyright Assignment 6 14.3. Governing law and jurisdiction: 14.3.1. This Deed is governed by and e 7 and 8. 14. GENERAL: 14.1. Amendment: This Deed may only be varied or replaced by a deed of variation executed by the parties. 14.2. Further steps: Each party must promptly do whatever the other paAND PROFESSIONAL ADVICE: Both Parties acknowledges that they have received independent legal and professional advice regarding the Assignment of Copyright and any tax implications referred to in clausges on execution or termination of this Deed. 12. CUMULATIVE RIGHTS: The rights and remedies of a party under this Deed do not exclude any other right or remedy provided by law. 13. INDEPENDENT LEGAL ax was sent in full to the addressee. That report is conclusive evidence that the addressee received the fax in full at the time indicated on that report. 11. NON-MERGER: No provision of this Deed mer, 3 Business Days after posting; or 10.4.2. in any other case, 10 Business Days after posting. 10.5. A communication is given if sent by fax, when the sender's fax machine produces a report that the ftion Address] 10.3. A party may change its particulars for delivery of notices by notice to the other party. 10.4. A communication is given if posted: 10.4.1. within Australia to an Australian addressof notices are initially: Assignee: ___________________________________[Mention Address] Assignor: ___________________________________[Mention Address] Creator: ___________________________________[Menotices by pre-paid ordinary mail or, if the address is outside Australia, by pre-paid airmail; or 10.1.3. sent by fax to the party's current fax number for notices. 10.2. The particulars for delivery lating to this document must be in English and may be given by being: 10.1.1. personally delivered or left at the party's current address for notices; 10.1.2. sent to the party's current address for n in this Deed. 9.6. The expert determination is final and binding on the parties. 10. NOTICES: Copyright Assignment 5 10.1. In addition to any other lawful means, a notice or other communication rece with ACDC Expert Determination Guidelines, which set out the procedures to be adopted, the process of selecting the expert and the costs involved, and the terms of those Guidelines are incorporatedtice Date), the parties agree to settle the Dispute by expert determination administered by the Australian Commercial Dispute Centre (ACDC). 9.5. The expert determination will be conducted in accordanst negotiate in good faith and use their best endeavours to resolve the Dispute. 9.4. If the parties cannot resolve the Dispute within 30 days after the date on which the Dispute Notice was served (Nohis clause 9. 9.2. When a party claims that a dispute has arisen under this Deed (Dispute), the party must serve written notice of that Dispute on the other party (Dispute Notice). 9.3. The parties mu be claimed by the party receiving the reimbursement or indemnity. 9. DISPUTE RESOLUTION: 9.1. A party must not commence legal proceedings against the other party unless that party has complied with tred in connection with this Deed, the reimbursement or indemnity payment is not required to extend to any GST component of the expense, claim, loss, liability or cost for which an input tax credit maye prior to or as soon as practicable after the supply. 8.2. If a party is entitled under this Deed to be reimbursed or indemnified by another party for an expense, claim, loss, liability or cost incurthat the Creator and/ or Assignor receives, after remitting the GST, the same amount as it would in the absence of a GST, provided that the Creator and/ or Assignor provides Assignee with a tax invoicgnor is registered for GST and any supply made under or in connection with this Deed is a taxable supply, the consideration for that supply must be increased by an amount that is sufficient to ensure their own costs and expenses of negotiating, preparing, signing and delivering this Deed and any other document or thing required or entered into under this Deed. 8. GST: 8.1. If Creator and/ or Assiable Tax that arises from the execution, delivery and performance of this Deed and any other document or thing required or entered into under this Deed. 7.2. Subject to clause 7.1, each party must pay Creator and/ or Assignor on the advice of its legal advisers to compromise or settle any claim. Copyright Assignment 4 7. TAX, COSTS AND EXPENSES: 7.1. Creator and/ or Assignor must pay any applicf the Assignee's exploitation of its rights in the Materials on or after the date of this assignment, including: legal expenses on a full indemnity basis; and damages or other compensation paid by theagainst, and must pay the Creator and/ or Assignor, on demand the amount of, all losses, liabilities, expenses and Taxes that the Creator and/ or Assignor may suffer, directly or indirectly, because oive any representation, warranty or promise that the Materials does not and will not infringe the rights of any other person. 6.2. Assignee must unconditionally indemnify the Creator and/ or Assignor ssignor has to the Materials and to the copyright (and similar forms of protection) in the Materials. Without limitation, the Assignee acknowledges that the Creator and/ or Assignor does not make or gause is in the interests of Creator and/ or Assignor and is an alternative to clause 6 above. Choose only one section 6 and erase the other.] 6.1. Assignee accepts the title that the Creator and/ or Asuffered or incurred by the Assignee as a result of any breach of the warranties given by the Creator and/ or Assignor under clause 6.1. 6. ASSIGNEE'S ACKNOWLEDGMENTS AND INDEMNITY [option 2] [This clny arrangement or composition with creditors. 6.2. Creator and/ or Assignor unconditionally indemnifies and will defend the Assignee against any claim, liability, loss, damages, cost, expense and Tax including any claim that the Materials infringes any intellectual property rights; and 6.1.8. Creator and/ or Assignor is not insolvent within the meaning of the Bankruptcy Act and is not subject to an a way that would conflict with the rights granted by this Agreement; and 6.1.7. the Creator and/ or Assignor is not aware of any actual, suspected or threatened claim in relation to the Materials , the rights granted by this Agreement and the Creator and/ or Assignor will not assign, license, grant options over or deal in any other way with any of these rights after the date of this Agreement i date of this Agreement, over the Materials ; 6.1.6. there have been no previous assignments, licences, options or other dealings with the rights assigned under this Agreement that would conflict withrials ; 6.1.5. the Creator and/ or Assignor has not created any encumbrance (including without limitation, a charge, mortgage, pledge, lien, right of set off) over the Materials that exists, as at thee 2 and clause 3. 6.1.4. the Creator and/ or Assignor is the sole author of/the sole employer of the sole author of the Materials and the sole owner of all rights, including the copyright, in the Mate Copyright Assignment 3 and clause 3 will not infringe the copyright or other Intellectual Property rights of any third party; and 6.1.3. it has the right to assign and grant the rights under clausr substantially from any other works, 6.1.2. the Assignee's and any licensee's use of the Copyright and/or Intellectual Property assigned to the Assignee by the Creator and/ or Assignor under clause 2right and/or Intellectual Property assigned to Assignee by the Creator and/ or Assignor under clause 2 and clause 3 comprises original works only, which have not been, and will not be, copied wholly oignee's request. A list of Assignee's Property is set forth in Schedule 2. 6. CREATOR AND/OR ASSIGNOR'S WARRANTIES AND INDEMNITY: [option 1] 6.1. Creator and/or Assignor warrants that: 6.1.1. the Copyator and/ or Assignor actually used them during the creation of Materials. Creator and/ or Assignor warrants that shall NOT reproduce, alter, or copy Assignee's Property and shall return them upon Assd by Creator), the Assignor and Creator have entered into this Deed. 5. ASSIGNEE'S PROPERTY: Parties agree that ownership to Assignee's Property shall remain with Assignee, irrespective of whether Creipt of which is acknowledged by Assignor), and in consideration of the payment by the Assignee to the Creator of the sum of _____________________ Dollars (AUD $__) (the receipt of which is acknowledgerest to the Assignee or as the Assignee may in writing direct. 4. CONSIDERATION: In consideration of the payment of the sum of _____________________ Dollars (AUD $__) by Assignee to Assignor (the receor Future Materials, including any interest in the Copyright therein, then it shall hold the same as a bare trustee for the Assignee, and shall promptly, upon request by the Assignee, Assign such interials, is not effectively assigned by the Assignment is clause 3.1, then Creator hereby covenants with the Assignee that to the extent that Creator holds any interest of any kind in the Materials and/cessary to give effect to the assignment in clause 3.1, including executing further assignments if necessary. 3.3. If for whatever reason the Assignment of any part of the Materials or the Future Mateignee on their creation. In respect to Copyright, this assignment is made pursuant to Sections 196 and the 197 of the Copyrights Act.] 3.2. Each Creator will execute all documents and do all things neuture Materials are assigned: Creator further agrees that any Copyright or Intellectual Property in Materials created or developed by the Creator after this Deed has been executed will vest in the Assent 2 3. ASSIGNMENT BY CREATOR: 3.1. Creator jointly and severally assigns to the Assignee in their entirety any and all of the right, title and interest the Creator may have in the Materials. [If Fll hold the same as a bare trustee for the Assignee, and shall promptly, upon request by the Assignee, Assign such interest to the Assignee or as the Assignee may in writing direct. Copyright Assignmereby covenants with the Assignee that to the extent that Assignor holds any interest of any kind in the Materials and/or Future Materials, including any interest in the Copyright therein, then it sha assignments if necessary. 2.3. If for whatever reason the Assignment of any part of the Materials or the Future Materials, is not effectively assigned by the Assignment is clause 2.1, then Assignor h Sections 196 and the 197 of the Copyrights Act. ] 2.2. Each Assignor will execute all documents and do all things necessary to give effect to the assignment in clause 2.1, including executing furtherl Property in Materials created or developed by the Assignor after this Deed has been executed will vest in the Assignee on their creation. In respect to Copyright, this assignment is made pursuant tognee in their entirety any and all of the right, title and interest the Assignor may have in the Materials. [If Future Materials are assigned: Assignor further agrees that any Copyright or Intellectua in the identity of the parties; and 1.9. a clause or subclause is a reference to a clause or subclause of this deed. 2. ASSIGNMENT BY ASSIGNOR: 2.1. Assignor jointly and severally assigns to the Assi under it and includes that legislation and subordinate legislation as modified or replaced; 1.8. this or any other document includes the document as novated, varied or replaced and despite any change body or authority; 1.6.2. a person includes the person's legal personal representatives, successors, assigns and persons substituted by novation. 1.7. any legislation includes subordinate legislationforward the clause or would otherwise benefit from it; 1.6. a reference to: 1.6.1. a person includes a partnership, joint venture, unincorporated association, corporation and a government or statutory forms have corresponding meanings; 1.4. "includes" means includes without limitation; 1.5. no rule of construction will apply to a clause to the disadvantage of a party merely because that party put essed to the contrary, in this Deed: 1.1. words in the singular include the plural and vice versa; 1.2. any gender includes the other genders; 1.3. if a word or phrase is defined its other grammaticalbut not including GST, any tax based on income, or any capital gains tax;. 1.12. `Tax Invoice' has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act (Cth). 1. Unless expre, impost, fee, deduction, withholding or duty of any nature, including, without limitation, stamp and transaction duty which is imposed or Copyright Assignment 1 collected by a government agency, s etc. and in addition to which are mentioned in the Schedule 1. 1.10. `Person' means a natural person and includes any entity or body corporate recognised at law. 1.11. `Tax' means a tax, levy, chargs and domain names, inventions, Confidential Information. 1.9. `Materials' means all works created by the Creator and/ or Assignor such as all designs of logo, letterheads, displays, brochures, manualal Property' means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, plant varieties, businese mentioned in the Schedule 1, for or on behalf or at the request of Assignee. 1.7. `GST' has the same meaning as it has under the A New Tax System (Goods and Services Tax) Act (Cth); 1.8. `IntellectuFuture Materials' means all works which may be created by Assignor and/or Creator in the future, such as all designs of logo, letterheads, displays, brochures, manuals etc. and in addition to which arCopyright Act") 1.4. `Deed' means these Terms of Assignment, as varied from time to time, and the covering execution page signed by the parties; 1.5. `Dollars/$' means Australia Dollars or AUD. 1.6. `the Creator and/ or Assignor for the purposes of being used in the creation of Materials. 1.3. `Copyright' means copyright defined or capable of protection under the Copyright Rights Act 1968 (Cth) ("nce, conveyance of the same titles and interests. 1.2. `Assignee's Property' means all property, whether tangible or intangible, belonging to the Assignee which is in the possession and/or control of n' means to assign, transfer and convey all titles and interest of whatsoever kind or nature in copyright and/or Intellectual property both at law and in equity. Assignment means assignment, transferedress] ("the Assignor") AND: ________________[name], ABN/ACN of ________________[address] ("the Creator") 1. DEFINITIONS AND INTERPRETATION Unless expressed to the contrary, in this Deed: 1.1. `Assigade the ____________ day of 200_. BETWEEN: ________________ [name], ABN/ACN _____________ of ________________[address] ("the Assignee") AND: ________________[name], ABN/ACN of ________________[ad IN ANY WAY OUT OF THE USE OF THESE MATERIALS. The use of these materials is subject to the "Terms and Conditions" found at findlegalforms.com. DEED OF COPYRIGHT ASSIGNMENT THIS DEED OF ASSIGNMENT mERVICES; LOSS OF USE, DATA OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISINGSHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS. THE MATERIALS ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLInship is created by use of these materials. THESE MATERIALS ARE PROVIDED "AS-IS" and "WITHOUT LIABILITY." FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETs not a substitute for legal advice. Only a lawyer/solicitor can provide legal advice. A lawyer/solicitor should be consulted for all serious legal matters. No Lawyer-Client / Solicitor-Client relatiod name of the copyright owner at the foot of any page of copyright material. DISCLAIMER: FindLegalForms, Inc. ("FLF") is not a law firm and does not provide legal advice. The use of these materials ie note that an assignment of copyright may have capital gains tax (CGT) implications. Please note: it is very important for the copyright owner to insert the copyright symbol © followed by the year an which will make the third party a signatory to the assignment/transfer from the Creator and/ or Assignor to the Assignee. This template provides an option whereby GST may or may not be payable. Pleasgned, it is recommended that this Deed is NOT used or checked for any breach of agreement, licence or obligation. Where a third party rights exist (e.g. as licensee), a deed of novation should be usedNLY for those purposes where there is no grant of royalty payments, charges, mortgage payment, licence or such third party rights to the Creator and/ or Assignor. Since such obligations cannot be assieating the artwork is an employee of yours, the Copyright Act 1968 gives you ownership in that artwork and there is no need for an assignment from that employee. Instructions and Notes: This Deed is Oment of copyright by a third party. This also gives enough grounds for other people to copy or reproduce the artwork you are using and leave you without any legal rights to stop them. If the person cr services are marketed using that artwork. If such copyright is not owned, the value of a company or business can be reduced as much as it may also expose that company/business to a claim for infringe or on behalf of the assignor. Ownership of the copyright in the artwork such as designs in letterheads, brochures, logos, newsletters etc. are very valuable assets, particularly where products and/ore created in the future (as per Section 197 of the Copyright Act 1968 (Cth)). Under the Copyright Act 1968 (Cth) Section 196, the assignment must be in writing to be effective and it must be signed byd an individual (the Creator) have been engaged to create that material for a person/entity acquiring the copyright (the Assignee). The Deed also covers and includes assignment of copyright that may bDeed of Copyright Assignment Three Parties (All States) General Description: This Deed of Copyright Assignment assigns copyright in artwork and graphics where a company or individual (the Assignor) an