COPYRIGHT OWNERSHIP AGREEMENT
THIS COPYRIGHT OWNERSHIP AGREEMENT( this “Agreement”) is made effective as
of ____________[Date], ____________[Month], ____________[Year]
BETWEEN
1. XXX Studio of [Address] hereinafter be referred to a “ANIMATION STUDIO”
OF THE FIRST PART
-AND-
2. [ARTIST’S NAME] with a principal place of business at [ADDRESS] hereinafter
referred to as “ARTIST”
OF THE SECOND PART
Collectively the Animation Studio and Artist shall be known as the “PARTIES.”
RECITALS
A. Artist carries out the business of making animated films and videos;
B. Animation Studio is desirous of sourcing the works of Artist (hereinafter the
“Works”)
C. Artist has agreed to render the Works of making animated films and videos in
accordance with the terms and conditions set out in this Agreement
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained, the Animation Studio and Artist agree as follows:
1. DESCRIPTION OF SERVICES
The Animation Studio is in the business of producing animated media and has
contracted Artist for the following services:
a) Making of animated films and videos.
The Services listed above embody the entire scope of Artist’s work on the duration of
this Agreement, and further services required by Animation Studio shall necessitate a
new written agreement before commencement of work.
2. LIABILITY
The Artist guarantees that to the best of its integrity, knowledge and belief, that the
work it creates will not violate the copyright of any other party. Should judgement
arise after the work completion, Artist is not liable for similarities.
3. INTELLECTUAL PROPERTY
Animation Studio acknowledges and agrees that all anime characters (“Anime
Characters”) as portrayed in Exhibit A, and all ideas, concepts, materials, products,
software, documentation, designs, architectures, specifications, flow charts, test
data, Artist’s notes, deliverables, improvements, discoveries, methods, processes, or
inventions, trade secrets or other subject matter related to the Artist’s business
(collectively, “Materials”) conceived, developed or prepared by Artist alone during
the period of their employment or other relationship with the Animation Studio in
written, oral, electronic, photographic, optical or any other form, are the property of
the Artist.
The rights, title and interest of the Anime Characters and Materials developed by the
Artist shall vest in the Artist. To the extent that the title to any Materials and Anime
Characters, by operation of law, vest in the Artist and such Materials and Anime
Characters may not be considered works made for hire.
The Anime Characters storyline’s and animation created by women in meta cannot be
used or sold by Animation Studio. The Artist retains all copyright of produced
animated media by the Artist. Artist shall own the copyright in the Derivative Works.
Animation Studio hereby irrevocably agrees and acknowledges all rights, title and
interest therein to the Artist. All Materials and Anime Characters belong exclusively to
the Artist , with the Artist having the right to obtain and to hold in its or their own
name, copyrights, patents, trademarks, applications, registrations or such other
protection as may be appropriate to the subject matter, and any extensions and
renewals thereof.
The copyright ownership fully vests with Artist. Animation Studio has no rights to use
the Anime Characters designed by the Artist during the period of this Agreement or in
future, unless otherwise expressed in writing and signed by both Parties.
4. INJURY AND INDEMNIFICATION
Each party shall indemnify and hold the other harmless for any losses, claims,
damages, awards, penalties, or injuries incurred by any third party, including
reasonable attorney’s fees, which arise from any alleged breach of such indemnifying
party’s representations and warranties made under this Agreement, provided that the
indemnifying party is promptly notified of any such claims. The indemnifying party
shall have the sole right to defend such claims at its own expense. The other party
shall provide, at the indemnifying party’s expense, such assistance in investigating
and defending such claims as the indemnifying party may reasonably request. This
indemnity shall survive the termination of this Agreement.
5. GOVERNING LAW
This Agreement shall be construed and enforced in accordance with the laws of
Australia, the province of Queensland.
6. FORCE MAJEURE
In no event shall the Parties be responsible or liable for any failure or delay in the
performance of its obligation under this Agreement arising out of or caused by,
directly or indirectly, forces beyond its reasonable control, including without
limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or
military disturbances, nuclear or natural catastrophes or acts of God, and
interruptions, loss or malfunctions of utilities, communications or computer (software
or hardware) services.
7. DISPUTE RESOLUTION MECHANISM
If any dispute relating to this Agreement between the Parties is not resolved through
formal discussion within 14 days from the date a dispute arises, the Parties agree to
submit the issue first before a non-binding mediator and to an arbitrator in the event
the mediation fails. The decision of the arbitrator will be binding on the Parties. Any
mediator or arbitrator must be a neutral party acceptable to all Parties. The cost of
any mediations or arbitrations will be shared equally by the Parties.
8. SEVERABILITY
In the event that any provision of this Agreement shall be deemed to be severable or
invalid, and if any term, condition, phrase or portion of this Agreement shall be
determined to be unlawful or otherwise unenforceable, the remainder of the
Agreement shall remain in full force and effect, so long as the clause severed does
not affect the intent of the parties. If a court should find any provision of this
Agreement to be invalid or unenforceable, but that by limiting said provision it would
become valid and enforceable, then said provision shall be deemed to be written,
construed and enforced as so limited.
9. ENTIRE AGREEMENT
This Agreement constitutes the entire and only agreement between the Parties and
all other prior negotiations, agreements, representations and understandings are
superseded hereby.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
representatives to execute this Agreement.
SIGNED by the parties: )
……………………………. )
([ARTIST’S NAME]- ARTIST) ) _________________
) Signature
)
AND )
………………………………. )
(XXX Studio- ANIMATION STUDIO) )
Represented By: XXX ) _________________
) Signature
)
EXHIBIT A
EXHIBIT A
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