DEED OF ASSIGNMENT
‘PROJECT TITLE’
This Deed is made on ---DATE--BETWEEN
--WRITER-- OF 1 ---ADDRESS--- (hereinafter called “the Owner”) of the one part
and
--PRODUCTION COMPANY-- of ---ADDRESS--- (hereinafter called “the Purchaser”) of the other part.
WHEREAS
A) The Owner are the absolute Owner free from encumbrances except as hereinafter mentioned of the copyright and all
other rights throughout the world in and to the Treatment and Screenplay entitled ‘PROJECT TITLE’ (hereinafter called
the “Work”) written by --WRITER--. (hereinafter called the “Authors”, which expression shall if the Authors and the Owner
are the same persons be construed as a reference to the Owner)
B) The Owner have agreed to grant and assign the Purchaser for the consideration hereafter mentioned all rights in the
Work throughout the world as hereinafter more particularly mentioned.
NOW THIS ASSIGNMENT WITNESSETH
1.1. In consideration of the payment by the Purchaser to the Owner of the deferred sum of AMOUNT IN WORDS Pounds
(£AMOUNT IN NUMBERS) (which shall be payable (if and to the extent that sufficient funds are available) after the costs
of production of the Film and the investors in the Film have been repaid) the Owner with full title guarantee hereby assigns
and grants to the Purchaser all rights (including but not limited to copyright) of whatever description whether now known
or in the future existing in and to the Work TO HOLD the same unto the Purchaser absolutely throughout all parts of the
world in which copyright in the Work may now subsist or may be acquired and during all renewals, revivals and
extensions thereof and thereafter (in so far as may be or become possible) in perpetuity and except as herein expressly
provided to the contrary free from all restrictions and limitations whatsoever including (but not by way of limitation of the
generality of the foregoing) free from all so-called “Authors rights” or “droit moral” and any similar right now or hereafter
accorded by the laws prevailing in any part of the world (including but not limited to any rights pursuant to sections 77 and
80 of the Copyright Designs and Patents Act 1988) and the Owner hereby expressly waives any so-called “Authors
rights”, droit moral and any such rights.
1.2. Without prejudice to the generality of the assignment of rights in Clause 1.1 above, the Owner hereby confirms and
agrees that the assignment of rights hereby made to the Purchaser includes any and all rights of communication to the
public by satellite, cable retransmission rights and any and all rental and lending rights, whether now or hereafter known
or existing in any country of the world, in and to the products of the Owner’ services hereunder and /or the Film (as
hereinafter defined) and/or copies thereof and/or any part or version or adaptation of any of the foregoing.
2 (a) The Owner agree that the consideration payable to the Owner in accordance with the provisions of this Agreement
takes into account and includes a payment in respect of all rights of communication to the public by satellite, cable,
retransmission rights and any and all rental and lending rights as referred to in Clause 1.2. hereof and that the said
payment constitutes equitable and adequate consideration for the assignment of satellite, cable and rental and lending
rights, and constitutes and satisfies in full any and all rights which the Owner has or may at any time have to receive
equitable, adequate or other remuneration for the exploitation by satellite and cable and the rental or lending of the
products of the Owner’ services and/or the Film and/or copies thereof and/or any part or version or adaptation of any of
the foregoing. Without prejudice to the provisions of this Clause nothing in this Agreement shall prevent the Owner from
being entitled to receive income under collection and other agreements negotiated by recognised collection societies
under the laws of any jurisdiction PROVIDED THAT this does not imply any obligation or liability on the part of the
Purchaser regarding the collection or payment of such monies.
3. The Owner hereby represents, warrants and undertakes to and with the Purchaser that:a) the Owner are the Owner and Authors of the Work which was and is wholly original with the Authors and nothing
therein infringes the copyright or any other rights of any third party
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.
b) copyright in the Work subsists or may be acquired in all countries of the world whose laws now provide for copyright
protection and that the Owner and the Authors have not and will not at any time hereafter do authorise or omit to do
anything relating to the Work whereby the subsistence of copyright therein or any part of such copyright may be destroyed
or otherwise impaired.
c) the rights hereby granted are vested in the Owner absolutely and neither the Owner nor the Authors or any other
predecessor in title of the Owner heretofore assigned, licensed, granted or in any way dealt with or encumbered the same
so as to derogate from the grant hereby made and that the Owner has a good title and full right and authority to make this
Deed
d) the Work does not constitute a breach of any duty of confidence owed to any party and does not breach any right of
privacy and does not contain any libellous or defamatory statement or matter or innuendo of or reference to any person
firm company or incident
e) the Owner will indemnify and at all times keep the Purchaser fully indemnified from and against all actions, claims,
proceedings, costs and damages incurred by or awarded against the Purchaser or any compensation paid or agreed to be
paid by the Purchaser on the advice of counsel agreed between the parties hereto (and in default of such agreement
within one month from the time such agreement is sought then a counsel decided by the President for the time being of
the Law Society) in consequence of any breach, non-performance or non-observance by the Owner of all or any of the
covenants, warranties, representations and agreements by the Owner contained in this Deed
f) the Owner will and does hereby authorise the Purchaser at the Purchaser’s expense to institute prosecute and defend
such proceedings and to do such acts and things as the Purchaser in it’s sole discretion may deem expedient to protect
the rights granted by the Owner to the Purchaser hereunder and to recover damages and penalties for any infringement of
the said rights and insofar as may be necessary in the Purchaser’s reasonable view to use the name of the Owner for or
in connection with any of the purposes aforesaid and the Owner shall in any such proceeding afford the Purchaser all
reasonable assistance the Purchaser may require at the expense of the Purchaser in instituting prosecuting or defending
such actions unless the said action is occasioned by some breach or non-performance by the Owner of any covenants or
warranties herein contained.
4. For further securing to the Purchaser the rights hereby granted the Owner hereby undertakes with the Purchaser that
the Owner will at the request and expense of the Purchaser do all such further acts and things and execute all such
further documents and instruments as the Purchaser may from time to time require for the purpose of confirming the
Purchaser’s title to the said rights in any part of the world and the Owner hereby appoints the Purchaser it’s irrevocable
attorney-in-fact with the right but not the obligation to do any and all acts and things necessary for the purpose of
confirming the Purchaser’s title at the expense of the Purchaser as aforesaid and to execute all such deeds documents
and instruments in the name of and on behalf of the Owner which appointment shall be deemed a power coupled with an
interest and shall be irrevocable.
5. The Owner hereby grants to the Purchaser the right to use and authorise others to use the name, biography and
likeness of the Authors when exploiting or dealing with the rights hereby granted provided that the Authors shall not be
represented as personally using or recommending any commercial product other than films or other products of the rights
hereby granted based upon the Work.
6. The Purchaser shall not be obliged to exercise any of the rights of copyright and other rights in and to the Work or any
part thereof granted unto the Purchaser hereunder and if the Purchaser shall not exercise any of these said rights the
Purchaser shall not be liable to the Owner in any manner whatsoever.
7. The Purchaser shall be fully entitled to negotiate and conclude agreements for the sale performance licensing and
other commercial exploitation of the rights hereby granted upon whatever terms the Purchaser considers fair and
reasonable and shall not be obliged in any way to seek the approval of the Owner in connection therewith and the
Purchaser gives no warranty or representation as to the amount (if any) of any receipts that may arise.
8. a) In the event of a film or films being based upon the Work the Purchaser shall give the Author a credit on all copies of
any such film or films issued under the control of the Purchaser in the form in line with the rules of the Writers Guild of
America provided however that no casual or inadvertent failure by the Purchaser to accord the Authors credit as aforesaid
shall be deemed a breach. The association with the Writers Guild of America is only in relation to the credits as the
production is a non-union production.
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.
b) The Purchaser will incorporate in it’s agreements with the distributors or broadcasters of such films as aforesaid a
provision obliging such distributor or broadcaster to accord such credits to the Authors but the failure of any distributor or
broadcaster to accord such credits shall not constitute a breach by the Purchaser hereof provided however that if the
Purchaser shall be notified of such failure the Purchaser shall use all reasonable endeavours but without incurring
material expense to ensure that such failure is remedied by such distributor or broadcaster (as the case may be)
9. All rights assigned by this Deed shall be irrevocable under all or any circumstances and shall not be subject to
reversion rescission termination or injunction in case of breach of the provisions of this Deed by the Purchaser including
failure to pay any part of the consideration other than the sum payable under clause 1 hereof. The Owner’ remedies shall
be limited to an action at law for damages or for an accounting (if applicable). The Purchaser shall not be liable for
damages for breach of contract (except for payment of consideration) unless the Purchaser has been given reasonable
notice and opportunity to adjust or correct the matter complained of and the same has not been adjusted or corrected
within a reasonable time following the notice aforesaid.
10. Any notices required to be served hereunder shall be deemed to have been duly and properly served if addressed to
the Owner or Purchaser as the case may be and sent in a prepaid envelope or if sent by facsimile transmission to the
above address or any subsequent address of the Owner or Purchaser as the case may be duly notified to the Owner or
Purchaser respectively and acknowledged and the date of service shall be deemed to be the date of delivery in the
normal course of posting if posted or the date of sending if sent by facsimile.
11. All sums mentioned herein are inclusive of Value Added Tax
12. The Purchaser shall be entitled to assign the benefit of this Deed to any third party but shall not thereby be relieved of
it’s obligations hereunder
13. This Deed shall be construed and shall take effect in accordance with the laws of England and subject to the exclusive
jurisdiction of the English Courts
IN WITNESS WHEREOF the Owner and the Purchaser have executed this Assignment and is hereby delivered as a
Deed the day and year first above written
EXECUTED and unconditionally
)
DELIVERED as a Deed
)
by --WRITER--
)
in the presence of a witness
)
)
EXECUTED and unconditionally
)
DELIVERED as a Deed
)
by --PRODUCTION COMPANY-acting through it’s Director and Secretary
)
__________________________________
(Owner)
)
)
__________________________________
(Purchaser)
Witness Signature: …………………………
Name: ………………………………………
Address: ……………………………………
…………………………………...
Occupation: …………………………………
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.
Example contract – Micro-Budget Mentor. You should always seek advice before using any legal documents.