The Copyright Exclusive License agreement is essential for businesses seeking to obtain sole rights to exploit copyrighted works in specific territories. This document is commonly used when a copyright owner wishes to grant comprehensive exclusive rights to another party for commercialization purposes. Governed by Hong Kong law, particularly the Copyright Ordinance (Cap. 528), this agreement details the scope of licensed rights, territorial restrictions, payment terms, and quality control requirements. It's particularly crucial for transactions involving valuable intellectual property assets where the licensee requires exclusive market access. The document includes specific provisions for enforcement against third-party infringement, maintaining the integrity of the copyrighted work, and ensuring proper commercial exploitation while protecting both parties' interests under Hong Kong's legal framework.
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1. Parties: Identification of the licensor and licensee with full legal names and addresses
2. Background: Context of the agreement, including ownership confirmation of the copyright work
3. Definitions: Key terms used throughout the agreement, including 'Licensed Work', 'Territory', 'Term', etc.
4. Grant of Rights: Detailed scope of the exclusive license, including permitted uses and territory
5. Term and Termination: Duration of the license and circumstances for termination
6. Payment Terms: License fees, royalties, payment schedule and calculation methods
7. Licensee Obligations: Core responsibilities of the licensee including quality standards and reporting
8. Protection of Rights: Obligations regarding copyright notices, infringement actions, and enforcement
9. Warranties and Representations: Standard warranties regarding ownership, right to license, and non-infringement
10. Indemnification: Mutual or unilateral indemnification provisions for breach or third-party claims
11. Confidentiality: Protection of confidential information exchanged during the license term
12. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Quality Control: Specific quality standards and approval processes, essential for branded or artistic works
2. Sub-licensing Rights: Include when licensee may need to sub-license the work to third parties
3. Moral Rights: Specific provisions for artistic works where moral rights are relevant
4. Source Code Escrow: For software-related copyright licenses, establishing source code protection
5. Marketing and Promotion: Requirements for marketing the licensed work, including approval processes
6. Minimum Performance Requirements: Minimum sales or usage targets that the licensee must meet
7. Technical Support: For software or technical works requiring ongoing support
8. Updates and Modifications: Rights and processes regarding updates or modifications to the licensed work
1. Schedule 1 - Licensed Works: Detailed description of the copyright works covered by the license
2. Schedule 2 - Territory: Detailed description of the geographic territories covered by the license
3. Schedule 3 - Payment Terms: Detailed breakdown of fees, royalties, and payment calculations
4. Schedule 4 - Quality Standards: Specific quality requirements and approval procedures
5. Schedule 5 - Reporting Requirements: Ƶ and requirements for periodic reports
6. Appendix A - Copyright Registrations: List of copyright registrations covering the licensed works
7. Appendix B - Approved Form of Copyright Notice: Required format for copyright notices on licensed works
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Technology
Publishing
Software Development
Gaming
Music Industry
Film & Television
Digital Arts
Advertising
Education
Fashion
Retail
Relevant Teams
Legal
Intellectual Property
Business Development
Commercial
Licensing
Content Acquisition
Rights Management
Publishing
Creative
Product Development
Finance
Compliance
Relevant Roles
Legal Counsel
Intellectual Property Manager
Licensing Director
Business Development Manager
Copyright Administrator
Contracts Manager
Commercial Director
Content Acquisition Manager
Rights Manager
Chief Legal Officer
IP Strategist
Publishing Director
Creative Director
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