Intellectual Property Rights Clarification

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Summary

Both clauses effectively maintain the Owners intellectual property rights. They could be combined for clarity: Ownership and Exclusive Rights: Owner, Kimberly Garner/SHD, retains sole and exclusive ownership of all intellectual property rights in The Language of Home Scripts. Despite granting Agent, IAC, exclusive rights to use, distribute, and market the Scripts, the ownership of the intellectual property remains with the Owner. The sale or transfer of Scripts doesnt imply ownership transfer. If you own the copyright to the script, you generally have the right to sell it. However, your contract with the director or film company may limit this right. You should review any agreements youve signed for specific terms or conditions.

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Do these clauses remedy the same issue? Kimberly Garner/SHD (hereinafter referred to as "Owner") retains all rights, title, and interest in and to the scripts and guidebooks titled "The Language of Home," including all intellectual property rights, copyrights, and any other proprietary interests therein. The sale or transfer of these scripts to IAC (hereinafter referred to as "Agent") for the purpose of the film collaboration project does not transfer ownership of the intellectual property to the Agent AND Exclusive Rights without Transfer of Ownership: Owner grants Agent exclusive rights to use, distribute, and market the Scripts as part of the film collaboration project. However, this agreement does not transfer ownership of the Scripts or any related intellectual property rights to Agent. Owner retains all rights, title, and interest in and to the Scripts, including the right to use, license, or otherwise utilize the Scripts independently of this agreement?
Yes, both clauses address the same issue - the preservation of ownership rights over intellectual property. They clarify that despite the grant of exclusive rights to the Agent, the Owner retains all ownership.
Which clause is more effective? Also, Can you combine them into one clause? Ownership of Intellectual Property: Kimberly Garner/SHD (hereinafter referred to as "Owner") retains sole and exclusive ownership of all intellectual property rights, including but not limited to, copyrights, trademarks, and all other proprietary rights, in the six written and narrated scripts titled "The Language of Home" (hereinafter referred to as "Scripts"). The sale or transfer of these scripts to IAC (hereinafter referred to as "Agent") for the purpose of the film collaboration project does not transfer ownership of the intellectual property to the Agent. Exclusive Rights without Transfer of Ownership: Owner grants Agent exclusive rights to use, distribute, and market the Scripts as part of the film collaboration project. However, this agreement does not transfer ownership of the Scripts or any related intellectual property rights to Agent. Owner retains all rights, title, and interest in and to the Scripts, including the right to use, license, or otherwise utilize the Scripts independently of this agreement.
Both clauses effectively maintain the Owner's intellectual property rights. They could be combined for clarity:
"Ownership and Exclusive Rights: Owner, Kimberly Garner/SHD, retains sole and exclusive ownership of all intellectual property rights in "The Language of Home" Scripts. Despite granting Agent, IAC, exclusive rights to use, distribute, and market the Scripts, the ownership of the intellectual property remains with the Owner. The sale or transfer of Scripts doesn't imply ownership transfer."
May I sell a script I created as part of a film collaboration whereby the director owns the film copyright yet I solely and exclusively own the copyright on the script intellectual property?
Based on Washington law:
- If you own the copyright to the script, you generally have the right to sell it.
- However, your contract with the director or film company may limit this right.
- You should review any agreements you've signed for specific terms or conditions.
I'm creating the agreement between us and I would like to do so in a way that allows them copyright on the production while maintaining my copyright protection with the script intellectual property. Can you help me?
Certainly, Kimberly. You can include a clause like:
"Copyright Agreement: Agent (Director) will hold exclusive copyright to the film production. However, the copyright to the script stays with the Owner (Kimberly Garner/SHD). Sale or transfer of the script doesn't imply transfer of script's copyright."
Ensure to have a legal professional review the agreement.
Can you adjust this clause for our agreement: IAC will pay SHD a flat rate of *% royalties on all gross sales
Sure, here is the revised clause: "Royalty Agreement: Agent (IAC) agrees to pay Owner (SHD) a royalty rate of *% on all gross sales generated from the film. This payment will be made irrespective of the profitability of the film."
Can you update that clause to also include: *.* Royalty: IAC agrees to pay Kimberly Garner/SHD a *% royalty on all gross sales for all IAC products, offerings, and materials that contain, include or use Kimberly Garner/SHD intellectual property. *.* Payment Terms: Royalty payments shall be made on a quarterly basis, within 30 days following the end of each quarter. IAC shall provide a detailed statement of sales and royalties due with each payment.
Absolutely, here's your updated clause:
"*.* Royalty: Agent (IAC) agrees to pay Owner (Kimberly Garner/SHD) a *% royalty on all gross sales of any IAC products, offerings, and materials that contain, include, or use the Owner's intellectual property.
*.* Payment Terms: Royalty payments will be made on a quarterly basis, within 30 days following the end of each quarter. Agent will provide a detailed statement of sales and royalties due with each payment."