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WRITERS COPYRIGHT DEVELOPMENT AND TRANSFER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Publishers and contract first name contract last name Writer Agreements IN CONSIDERATION of the promises and mutual covenants and agreements set forth herein the parties agree as follows. 1. Engagement of Services. Writer agrees to perform the following services for Publisher in the following manner. a Writer shall author or edit and submit to Publisher written articles columns questions and answers resource listings checklists and forms as may be requested dealing with Insert Issues Writer is Dealing With issues pertaining to Insert Title of the Project the Work Product Publisher shall provide Writer with resource materials and the theme target audience and suggested issues and sub issues to be addressed. Unless specified otherwise the Work Product shall be prepared in accordance with the written guidelines of Publisher and formatted in 12pt. Arial single spaced. b Unless otherwise agreed articles shall be Insert Page Length of Project pages in length as is necessary to address key issue of the topic the article. Writer is responsible for the factual correctness of the information contained in the articles.
c The Articles shall be the original work of Writer and shall not infringe upon the copyrights of others. Writer agrees to perform the services in professional manner to complete each article within one week and to make any revisions or changes requested by Publisher in accordance with Section 2. 1. When necessary Writer may request an extension of time beyond one week either orally or in writing. Email transmission of written request will be acceptable. d Writer may not subcontract or otherwise delegate their obligations under this Agreement without Publishers prior written consent. e Writer has the right to refuse any and all assignments. f Writer will submit authored and edited Work Product to Publisher via email and will converse via email telephonically or in person as necessary regarding the same. 2. Compensation. 2 Fees and Approved Expenses. Publisher will pay Writer the fee of fixed rate per page for main body of original written text questions and answers columns and checklists. Writer will not be reimbursed for any expenses incurred in connection with the performance of services under this Agreement unless Publisher approves those expenses in advance and in writing.
2 Payment Due. Publisher will review the Work Product within five business days after receiving it from Writer to ensure that it meets the requirements stated in Section 1. If Publisher does not give written notice of rejection or requests for modification within that time period the Work Product will be deemed accepted. Publisher will pay Writer for the services and will reimburse Writer for previously approved expenses within ten business days of acceptance. 3. Independent Contractor Relationship. Publisher and Writer understand acknowledge and agree that Writers relationship with Publisher will be that of an independent contractor and nothing in this Agreement is intended to or should be construed to create partnership joint venture or employment relationship. 4. Trade Secrets and Confidential Information.
4 Third Party Information. Writer represents that their performance of all of the terms of this Agreement does not and will not breach any agreement to keep in confidence proprietary information knowledge or data of third party and Writer will not knowingly disclose to Publisher or induce Publisher to use any confidential or proprietary information belonging to third parties unless such use or disclosure is authorized in writing by such owners. 4 Confidential Information. Writer agrees during the term of this Agreement and thereafter to take all steps reasonably necessary to hold in trust and confidence information which they know or has reason to know is considered confidential by Publisher Confidential Information Writer agrees to use the Confidential Information solely to perform the projects hereunder. Confidential Information includes but is not limited to technical and business information relating to Publishers products research and development processes and future business plans. Writers obligations with respect to the Confidential Information also extend to any third partys proprietary or confidential information disclosed to Writer in the course of providing services to Publisher. This obligation shall not extend to any information that becomes generally known to the public without breach of this Agreement. This obligation shall survive the termination of this Agreement. 5. Ownership of Work Product. 5 Definition.
Work Product means the works of authorship conceived or developed by Writer while performing the project services under this Agreement and prior works described in Section of this Agreement. 5 Assignment. Writer hereby irrevocably assigns conveys and otherwise transfers to Publisher and its respective successors and assigns all rights title and interests worldwide in and to the Work Product and all copyrights contract and licensing rights and claims and causes of action of any kind with respect to any of the foregoing whether now known or hereafter to become known. In the event Writer has any rights in and to the Work Product that cannot be assigned to Publisher Writer hereby unconditionally and irrevocably waives the enforcement of all such rights and all claims and causes of action of any kind with respect to any of the foregoing against Publisher its distributors and customers whether now known or hereafter to become known and agrees at the request and expense of Publisher and its respective successors and assigns to consent to and join in any action to enforce such rights and to procure waiver of such rights from the holders of such rights. In the event Writer has any rights in and to the Work Product that cannot be assigned to Publisher and cannot be waived Writer hereby grants to Publisher and its respective successors and assigns an exclusive worldwide royalty free license during the term of the rights to reproduce distribute modify publicly perform and publicly display with the right to sub license through multiple tiers of sub licenses and the right to assign such rights in and to the Work Product including without limitation the right to use in any way whatsoever the Work Product. Writer retains no rights to use the Work Product except as stated in Exhibit and agrees not to challenge the validity of the copyright ownership by Publisher in the Work Product. 5 Name Recognition. Writer shall receive Name Recognition as author on all articles and columns. Recognition will be clear and conspicuous. In the event that Publisher assigns or licenses said articles or columns to any third party ies Publisher will use their best efforts to ensure Writer receives proper Name Recognition. In all circumstances proper Name Recognition is considered as follows.
Insert the writers copyright to be included in the project. 5 Creative License. Writer shall have final review of their Work Product before publishing. If Writer finds the finished Work Product to be unsatisfactory Writer may choose not to receive Name Recognition in accordance with Section 5. 3. 5 Power of Attorney. Writer agrees to assist Publisher in any reasonable manner to obtain and enforce for Publishers benefit copyrights covering the Work Product in any and all countries. Contractor agrees to execute when requested copyright or similar applications and assignments to Publisher and any other lawful documents deemed necessary by Publisher to carry out the purpose of this Agreement. Writer further agrees that the obligations and undertaking stated in this Section will continue for one year after the termination of this agreement beyond the termination of Writers service to Publisher. If called upon to render assistance under this Section Writer will be entitled to fair and reasonable fee in addition to the reimbursement of authorized expenses incurred at the prior written request of Publisher. In the event that Writer is unable for any reason whatsoever to secure Writers signature to any lawful and necessary document required to apply for or execute any copyright or other applications with respect to any Work Product Writer hereby irrevocably designates and appoints Publisher and its duly authorized officers and agents as his or her agents and attorneys in fact to act for and in their behalf and instead of Writer to execute and file any such application and to do all other lawfully permitted acts to further the prosecution and issuance of copyrights or other similar rights thereon with the same legal force and effect as if executed by Writer.
6. Warranties. Writer represents and Warrants that. a The Work Product was created solely by Writer their full time employees during their employment or independent contractors who assigned all right title and interest worldwide in their work to Writer. b Writer is the owner of all right title and interest in the tangible forms of the Work Product and all intellectual property rights protecting them. The Work Product and the intellectual property rights protecting them are free and clear of all encumbrances including without limitation security interests licenses liens charges or other restrictions. c Writer has maintained the Work Product in confidence. d The use reproduction distribution or modification of the Work Product does not and will not violate the rights of any third parties in the Work Product including but limited to copyrights trade secrets trademarks publicity and privacy. e The Work Product is not in the public domain. f Writer has full power and authority to make and enter into this Agreement.
7. Indemnification. Writer agrees to defend indemnify and hold harmless Publisher their officers directors sub licensees employees and agents from and against any claims actions or demands including without limitation reasonable legal and accounting fees alleging or resulting from the breach of the warranties in Section 6. Publisher shall provide notice to Writer promptly of any such claim suit or proceeding and shall assist Writer at Writers expense in defending any such claim suit or proceeding. 8. Prior Work. The Parties acknowledge that prior to this Agreement Writer has submitted to Publisher Work Product created as writing sample. Writer hereby irrevocable assigns conveys and otherwise transfers to Publisher and its respective successors and assigns all rights title and interests worldwide and all copyrights in and to said work and makes all warranties as set forth in Section of this Agreement with respect to said work. 9. General Provisions. 9 Entire Agreement of the Parties. This Agreement contains the entire agreement between the parties hereto with respect to the rendering of services by Writer for Publisher and supersedes any prior agreements either written or verbal. Any modification of this Agreement will be effective only if it is in writing signed by both parties. 9 Governing Law.
This Agreement will be governed by and construed in accordance with the laws of the State of state or province. 9 Good Faith and Fair Dealing. Both parties agree that they will act in good faith in all matters concerning this Agreement and that all terms of this contract are to be interpreted reasonably and in fair and equitable manner. 10. Termination. This agreement may be terminated by either party for any reason with or without cause upon thirty days written notice. Nothing in this agreement shall require Publisher to assign any specific number of assignments nor shall this agreement obligate Writer to accept any specific assignments. The purpose of this agreement is to govern the payment schedule and the rights and responsibilities of the parties for work assignments accepted by Writer. 11. Arbitration. Each party looks forward to mutually enjoyable relationship with the other. However should any controversy or claim arise out of and or relating to this contract or breach thereof which is not settled between the signatories themselves the same shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. Arbitration hearings shall take place in city state or province.
COPYRIGHT TRANSFER AGREEMENT For valuable consideration received undersigned hereby grant to company name Company the rights and transfer of all interest and claim to. Insert description of material here hereinafter referred to as the Material Copyright to the above listed work is hereby transferred to company name effective as of the date of this agreement including and without limitation the right to publish the work in whole or in part in any and all forms and media now or hereafter known. The undersigned retains the following rights in regard to the material. a All proprietary rights other than copyright and the publication rights transferred to company name. b The right to publish in collection journal or future works of the authors own such as articles letters or books all or part of this work provided that acknowledgement is given to company name and full citation to its publication in the particular proceedings is included. c The right to make oral and speech presentation of the material in any forum or venue. d The right to make copies of the work for internal distribution within the undersigneds organization and for external distribution as preprint reprint technical report or related class of document.
The undersigned does hereby release and discharge company name and his or her agents representatives and assignees from any and all claims and demands arising out of or in connection with the use of the material including without limitation any and all claims for invasion of privacy right of publicity and defamation. Agreements Consent. I the undersigned represent that am over the age of eighteen years and that have read the foregoing and fully understand its contents. This release shall be binding upon me my heirs legal representatives and assigns. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court.
Binding Effect. This Agreement shall be binding upon and inure to the benefit of company name and their respective successors and assigns provided that company name may not assign any of their obligations under this Agreement without the undersigneds prior written consent. Name. Date. Job title of signator authorized signature or signer. Address. Signature.
AFFIDAVIT OF ORIGINAL WORK AND RELEASE I Original Author do hereby swear and attest that the following is true and accurate. I reside at Insert current address information here I am the original author of the following list of works and materials see complete copies attached as Exhibit which were created between Insert period of time during which copyright was established or when authorship took place for Insert intent or reason for creation. publication works for hire resale Insert brief history of the creation or lifecycle of the documents or original work. Insert any registrations copyright dates publication dates or other supporting evidence if available. Library of Congress copyright registration certificates will have number such as. TX XXX XXX.
Copies of all registrations and publication dates have been attached as Exhibit B. Nothing in the works and materials listed in Exhibit contains any content that infringes or violates any intellectual property rights of any third party or author. Further nothing contained within the work or materials or any part or operation of the materials will cause the use reproduction resale or transfer of the rights to the materials to infringe upon the intellectual property rights of any third party. I hereby grant and quitclaim to company name the absolute and irrevocable right and unrestricted permission to use re use display distribute transmit publish re publish copy or otherwise exploit either in whole or in part digitally in print or in any other medium now or hereafter known for any purpose whatsoever and without restriction the materials listed in Exhibit currently owned or created by me or in which my labor is included; to alter the same without restriction; and to copyright the same. understand and agree that company name may or may not use my name in conjunction with the materials as company name so chooses. I hereby release and discharge company name and its agents representatives and assigns from any and all claims and demands arising out of or in connection with the use of the materials including without limitation any and all claims for invasion of privacy right of publicity and defamation. Signature.
Printed Name. Dated.
COPYRIGHT AGREEMENT I Original Author do hereby swear and attest that the following is true and accurate. I reside at Insert current address information here I am the Original Author of the following list of works and materials see complete copies attached as Exhibit which were created between Insert period of time during which copyright was established or when authorship took place for Insert intent or reason for creation. publication works for hire resale Insert brief history of the creation or lifecycle of the documents or original work. Insert any registrations copyright dates publication dates or other supporting evidence if available. Library of Congress copyright registration certificates will have number such as. TX XXX XXX. Copies of all registrations and publication dates have been attached as Exhibit B. Further the following list of works provided to Company by the Author are not original works i. e. they are Non Original Works or Authors claim to ownership cannot be verified and shall be identified as such. Copies of all Non Original Works submitted to Company by Author have been attached as Exhibit E. Nothing in the works and materials listed in Exhibit contains any content that infringes or violates any intellectual property rights of any third party or author. Further nothing contained within the work or materials or any part or operation of the materials will cause the use reproduction resale or transfer of the rights to the materials to infringe upon the intellectual property rights of any third party.
I hereby grant and quitclaim to company name the absolute and irrevocable right and unrestricted permission to use re use display distribute transmit publish re publish copy or otherwise exploit in whole or in part either digitally in print or in any other medium now or hereafter known for any purpose whatsoever and without restriction the materials listed in Exhibit currently owned or created by me or in which my labor is included; to alter the same without restriction; and to copyright the same. understand and agree that company name may or may not use my name in conjunction with the materials as company name so chooses. I hereby release and discharge company name and its agents representatives and assigns from any and all claims obligations or demands arising out of or in connection with the use of the materials listed in Exhibit whether monetary or otherwise. Signature. Printed Name. Dated.
TRANSFER OF COPYRIGHT AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as Author and company name hereafter referred to as Client PART A. The purpose of this Agreement hereafter referred to as the Agreement is to act as transfer of copyright for the attached work Exhibit hereafter referred to as the Article from company name to company name effective as of the date of this agreement. Note. If article was prepared as part of the writers duties for his her employer work for hire this agreement must be signed and authorized by the employer as the Author. If the Article was prepared by U. S. Government employee as part of his her official duties please refer to Part B.
Copyright to the above work including without limitation the right to publish the work in whole or in part in any and all forms of media now or hereafter known is hereby transferred to company name for the following publication uses. Insert details of the specified usage of the content. Copyright to the listed original and unpublished article and subsequent revisions errata or abstracts submitted by the above author the Article is hereby transferred to company name for the full term thereof throughout the world subject to the following rights that the author may freely exercise and to acceptance of the Article for publication and use in company name business. company name shall have the right to register as claimant copyright to the Article in its name whether used individually or as part of another work or medium in which the Article is part of. The author shall retain the following rights so long as the author agree that all copies of the Article made under any of these following rights shall include notice of the company name copyright. 1 All proprietary rights and patent rights other than copyright and the publication rights transferred to company name. 2 The nonexclusive right after publication by company name to give permission to third parties to republish the Article or translation thereof or excerpts therefrom without obtaining permission from company name provided the company name published version is not used for this purpose and provided the Article is not to be published in another journal or web site. If the company name version is used permission from company name must be obtained. 3 The right to post their own author versions of reprints and revisions to use all or part of the Article without revision or modification including the company name published version in personal collection or other publications of the authors own works so long as the company name copyright notice is attached. 4 The right of an employer to make copies of the Article so long as it was prepared by an employee within the scope of his or her employment and only for the employers own internal use. 5 In the case of work performed under United States Government contract Publisher grants the U. S. Government royalty free permission to reproduce all or portions of the Article and to authorize others to do so for U. S. Government purposes.
In the event that the Article is not accepted and published by company name this agreement becomes null and void. By signing this Agreement the author warrants that the Article is original with the author and does not infringe any copyright or violate any other right of any third parties and that the Article has not been published elsewhere and is not being considered for publication elsewhere in any form except as provided herein. If each authors signature does not appear below the signing author represent that they sign this Agreement as authorized agents for and on behalf of all the authors and that this Agreement and authorization is made on behalf of all the authors. The signing author or in the case of work made for hire the signing employer also warrant that they have the full power to enter into this Agreement and to make the grants contained herein. If any provision of this agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This agreement and any disputes arising here under shall be governed by the laws of state or province state without regard to conflicts of laws principles. failure by any party to exercise or delay in exercising right or power conferred upon it in this agreement shall not operate as waiver of any such right or power. company name Name. Signature.
Date. PART B. In the case of work that was performed under U. S. Government contract but you are not U. S. Government employee please sign the transfer form above and review Item above. The following certifies that the author of the listed Article see Exhibit are employees of the U. S. Government and the work was performed as part of their employment and that the Article is not subject to protection under U. S. Copyright. Name. Signature.
Govt. Organization. Date. Author Initials Client Initials