1.2.1. Agreements with music composers and authors: these agreements are similar to those described in points 1.1.1 and 1.1.2. The producer of the sound recording may hire composers and writers and attempt to retain the copyright in the underlying works, as well as the sound recording it produces and owns. In this article, which is the second in the two-part series on intellectual property transfer, we discussed how different clauses should be formulated in an IP transfer contract. There are several ways to structure these agreements, but it is important to consider the intention of the parties and the extent of the rights to be granted. Similarly, rights must be granted in such a way as to allow full and correct use of intellectual property. Note that the example clauses indicated in this article are indicative and that, in each agreement, these clauses must be drafted in such a way as to correspond to their respective purpose and context. In addition to the specific conditions described above, all clauses in standard forms that find their place in other agreements must also be included in IP assignments and licenses. a.
„Taking into account the rights granted under clause [„], the licensee shall pay the licensor a royalty (the „Royalty“) equal to []% of the net turnover achieved during the term of the licence. The fee provided for in this clause is payable no later than 5 (5) business days after the last day of each quarter. The agreement must include a clause relating to the consideration or royalties/payments to be made for the transfer of intellectual property. This clause must define how payments are made by the assignee or licensee. There are several ways to structure payment terms. Some of the most common modes are explained below: 1.1.3. Agreement with authors: The producer of a film usually commissions more than one author to write the story, screenplay, script, dialogues, etc. These works are literary works under the Copyright Act. In the case of Thiagarajan Kumararaja v Capital Film Works4, the Madras High Court ruled that the producer of a film had the right to synchronize the film in any number of languages, and this right is part of his copyright in accordance with section 14(d) of the Copyright Act. On the other hand, it was also found that the producer can only refilm the film in any number of languages if she owns the script, as re-shooting a film would require changes in the underlying script. Therefore, when a producer proposes to refilm the film in different languages, the producer, in addition to permission to use the script for the making of the film itself, must retain the full copyright in the script in order to remake the film.5 1.4.2. Adaptation contract: If the film is based on a story or book written by a third party and on which the producer wishes to rely, the producer can benefit from an adaptation license from the author of the literary work.
Me. These agreements must contain a clause preventing any self-engineering of the software and controlling security breaches. These include data security and data protection clauses. 2.4. Indicative list of rights: since a licence can be much more limited than an assignment, it is advisable to add a list of specific permitted uses below the certificate. In addition, the licensor may also specify that the licensee may not do anything other than as stated in the license….
