Copyright Licence Agreement - Text or Written Work (Australia)

This Copyright Licence Agreement for a Text or Written Work is designed for use in Australia. This agreement is between a copyright holder and a licensee who pays a royalty amount for use of the copyrighted material, in this instance text or a written work. This form is available for immediate download.

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While a copyright holder holds the exclusive rights to control and exploit the copyrighted material, he or she may transfer certain of those rights to a third party by way of a licence. A copyright licence 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 licence is over, all rights in the copyrighted material revert back to the copyright holder. This form is for use in drafting a copyright licence agreement for text or a written work.

Among others, this form includes the following provisions:
  • Grant of Licence
  • Term and Payment Provisions
  • Licensor’s Representations and Warranties
  • Indemnification and Assignment Provisions
This lawyer-prepared packet contains:
  1. Instructions and Checklist
  2. General Information
  3. Step-by-Step Instructions
  4. Copyright Licence Agreement – Text or Written Work for Australia
Law Compliance: This form complies with the state and territory laws of Australia
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Copyright Licence Agreement  Text
(Australia)

 

 

THIS AGREEMENT is made this        day of       , 20   , by and between                       (“Licensor”) and                             (“Licensee”, and collectively, the “Parties”).
 
WHEREAS, Licensor is the copyright holder and owner of all proprietary interest in          (Brief description of text to be licensed)          (the “Material”).
 
AND WHEREAS, Licensor wishes to permit Licensee to use the 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 mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
 
1.   Grant of Licence.  Licensor hereby grants to Licensee a non-transferable license to use the Material in the preparation of the work in the following respects (the “Licence”):
   
[ ] Reproduce the Material
[ ] Sell the Material
[ ] Perform the Material (If so, specify type of performance                    )
[ ] Incorporate the Material into another product, created by Licensee
[ ] Use the Material in advertising materials
[ ] Other/Details                                                                                                                                       .
The Licence shall be [ ] exclusive [ ] nonexclusive.
 
Licensor shall remain the 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 copyright in the Material.  Licensee may not make any other use of the Material other than those authorised above without prior written approval from Licensor.
 
2.  Term.  
 
a.   The term of this Agreement shall begin 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.
 
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 within 12 months from 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 under this Agreement.
 
c.   In order to terminate this Agreement pursuant to Subsection (b) above, Licensor must provide written notice to Licensee or to Licensees successor in interest within 30 days of the date of termination stating Licensors intent to terminate and the intended date of termination.
 
d.   In the event that this Agreement is terminated pursuant to this Section 2, Licensee shall cease using the Material in the course of Licensees business as soon as is commercially feasible.  Licensee may sell any units of the Work that are on hand after termination of this Agreement, but 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 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.
[ ]  Additional 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 an advance against the royalties discussed in Subsection (a) above, in the amount of       Australian Dollars (AUD__________).  This advance shall be paid in full to Licensor within 7 days of the execution of this Agreement.
 
c.   Licensee 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 units 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 by 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 Quarterly Reports or to make Quarterly Royalty Payments within the time allotted above shall be considered to be a material breach of this Agreement.
d.   Licensor shall be given access by Licensee to Licensees records, wherever commercially reasonable, in order to audit Licensees stated sales records, and to confirm that all royalty payments are properly stated 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 amounts 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 under 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 this Agreement.
 
4.  Licensors 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 interest in the Material under the Copyright Act 1968.
b.   Licensor represents and warrants that it has the legal authority to grant Licensee the Licence, and that no other person or entity is required to give its consent for the Licence to be valid.
c.   (if Licence is exclusive) Licensor represents and warrants that Licensor has not licensed the Material to any person or entity other than Licensee, nor will it licence the Material 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, actions, or other costs arising out any breach of Licensors warranties set forth in Section 4 above.
 
6.   Assignment.   Licensee may not assign its rights, duties or obligations under this Agreement without the prior written approval of Licensor.  Licensee may, however, assign this Agreement without Licensors prior written approval if such transfer is to a purchaser of all or substantially all of Licensees 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 consent of Licensee.  Licensor must notify Licensee in writing in the event of that Licensor assigns all or a material part of this Agreement (the “Licensors Notice of Assignment”).  The Licensors Notice 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 State of ___________________, without regard to conflicts of law principles.
 
8.   Counterparts.   This Agreement may be executed in several counterparts, each of which 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 reason, 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 limiting 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 be 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 headings 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 Licensor 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 agreements, whether oral or written, relating to the subject matter of this Agreement.
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
LICENSOR
 
                                             
Signature
                                         
Print Name
LICENSEE
 
                                         
Signature
                                           
Print Name
 
 
Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33731
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
 
 
Copyright Licence Agreement  Text
(Australia)

 

 

THIS AGREEMENT is made this        day of       , 20   , by and between                       (“Licensor”) and                             (“Licensee”, and collectively, the “Parties”).
 
WHEREAS, Licensor is the copyright holder and owner of all proprietary interest in          (Brief description of text to be licensed)          (the “Material”).
 
AND WHEREAS, Licensor wishes to permit Licensee to use the 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 mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
 
1.   Grant of Licence.  Licensor hereby grants to Licensee a non-transferable license to use the Material in the preparation of the work in the following respects (the “Licence”):
   
[ ] Reproduce the Material
[ ] Sell the Material
[ ] Perform the Material (If so, specify type of performance                    )
[ ] Incorporate the Material into another product, created by Licensee
[ ] Use the Material in advertising materials
[ ] Other/Details                                                                                                                                       .
The Licence shall be [ ] exclusive [ ] nonexclusive.
 
Licensor shall remain the 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 copyright in the Material.  Licensee may not make any other use of the Material other than those authorised above without prior written approval from Licensor.
 
2.  Term.  
 
a.   The term of this Agreement shall begin 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.
 
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 within 12 months from 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 under this Agreement.
 
c.   In order to terminate this Agreement pursuant to Subsection (b) above, Licensor must provide written notice to Licensee or to Licensees successor in interest within 30 days of the date of termination stating Licensors intent to terminate and the intended date of termination.
 
d.   In the event that this Agreement is terminated pursuant to this Section 2, Licensee shall cease using the Material in the course of Licensees business as soon as is commercially feasible.  Licensee may sell any units of the Work that are on hand after termination of this Agreement, but 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 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.
[ ]  Additional 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 an advance against the royalties discussed in Subsection (a) above, in the amount of       Australian Dollars (AUD__________).  This advance shall be paid in full to Licensor within 7 days of the execution of this Agreement.
 
c.   Licensee 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 units 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 by 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 Quarterly Reports or to make Quarterly Royalty Payments within the time allotted above shall be considered to be a material breach of this Agreement.
d.   Licensor shall be given access by Licensee to Licensees records, wherever commercially reasonable, in order to audit Licensees stated sales records, and to confirm that all royalty payments are properly stated 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 amounts 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 under 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 this Agreement.
 
4.  Licensors 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 interest in the Material under the Copyright Act 1968.
b.   Licensor represents and warrants that it has the legal authority to grant Licensee the Licence, and that no other person or entity is required to give its consent for the Licence to be valid.
c.   (if Licence is exclusive) Licensor represents and warrants that Licensor has not licensed the Material to any person or entity other than Licensee, nor will it licence the Material 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, actions, or other costs arising out any breach of Licensors warranties set forth in Section 4 above.
 
6.   Assignment.   Licensee may not assign its rights, duties or obligations under this Agreement without the prior written approval of Licensor.  Licensee may, however, assign this Agreement without Licensors prior written approval if such transfer is to a purchaser of all or substantially all of Licensees 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 consent of Licensee.  Licensor must notify Licensee in writing in the event of that Licensor assigns all or a material part of this Agreement (the “Licensors Notice of Assignment”).  The Licensors Notice 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 State of ___________________, without regard to conflicts of law principles.
 
8.   Counterparts.   This Agreement may be executed in several counterparts, each of which 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 reason, 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 limiting 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 be 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 headings 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 Licensor 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 agreements, whether oral or written, relating to the subject matter of this Agreement.
 
 
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.
 
 
LICENSOR
 
                                             
Signature
                                         
Print Name
LICENSEE
 
                                         
Signature
                                           
Print Name
 
 
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