ASSIGNMENT OF COPYRIGHTS IN A SONG
AN AGREEMENT made the …………………..day of
……………..BETWEEN ……………………….[composer] of P.O.BOX ……………………. (hereinafter
called “the composer”) of the one part and
………………………………[publisher] of P.O. BOX ……………………………..(hereinafter called
“the publisher”) of the other part.
WHEREBY IT IS AGREED as follows:
1. In consideration of the sum
of …………….. paid to the composer by the publisher (the receipt whereof the
composer hereby acknowledges) the
composer hereby assigns unto the publisher the respective copyrights in the
words and music of the song entitled ………………….. in [area agreed] for the
remainder of the respective terms of copyright subsisting therein subject to
the reservation hereinafter contained.
2. The composer hereby warrants
that the words and music of the said song are original works and that he is the
owner of the respective copyrights therein and that he has not made any
assignments of or granted any licence in respect of the copyrights hereby
assigned to any person company or firm and that the words and music of the said
song have not been published with his licence.
3. The publisher undertakes to
publish the words and music of the said song at the price of ……..per copy
thereof and to issue …………. Copies thereof before …………….. and if he fails to do
so the composer shall have the option of repurchasing the copyrights hereby
assigned for the sum of ………………. And on payment thereof the publisher shall
reassign to the composer the copyrights hereby assigned.
4. The publisher shall not
before the date mentioned in the preceding clause hereof assign his copyrights
hereunder or grant any licences in respect thereof without the written consent
of the composer.
5. The composer expressly
reserves to himself his personal representatives and assigns;
(a) his copyrights in the words
and music in the said song outside the [area agreed] and
(b) the right in [the area
agreed]:
(i)
to
make any translation of the words of the said song and to reproduce and publish
such translation;
(ii)
to
perform the words and music of the said song or any translation of such words in public;
(iii)
to
make any cinematograph film embodying the words and music of the said song or
any translation of such words in any sound track associated with such film;
(iv)
to
make any record of the words and music of the said song and of any translation
of such words;
(v)
to
broadcast and cause to be transmitted to subscribers to a diffusion service the
words and music of the said song and any translation of such work.
6.
The
publisher undertakes for himself his personal representations and assigns that
he will not publish the words and music of the said
song under any other title than …………………….. and will not in any way alter the
said words and music and will not assign his copyrights or grant any licence in
respect thereof without giving notice of this clause to the assignee or
licensee.
IN WITNESS
WHEREOF
both parties
have set their hands on the date hereinbefore given.
SIGNED
SEALED AND DELIVERED }
by the said Composer }
}
In the presence of: - }
}
}
}
}
}
SIGNED
SEALED AND DELIVERED
}
by the said Publisher }
}
In the presence of: - }
}
}
}
}
}
DRAWN BY:
MAYAI & COMPANY ADVOCATES
MITUMBA
HOUSE, NEW WING, 1ST FLOOR,
MOI
AVENUE,
P.O
BOX 123 – 00100,
NAIROBI.
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