Overreaching Clause About Duration of Grant

Clauses About Duration of Grant

Pick one to view

In consideration of his/her acceptance by the Publisher as a contributor (the “Contributing Author”) to the Work and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Contributing Author agrees as follows:

The undersigned Contributing Author grants to the Publisher the exclusive worldwide right to publish and sell the Article, in print format or in any other media, and all Articles contributed to subsequent editions, under its own name and under other imprints or trade names, during the full term of copyright and all renewals thereof. The undersigned Contributing Author assigns to the Publisher the worldwide copyright in the Article, for use by the Publisher in such manner and medium, including electronic media, as the Publisher wishes. In exercising this right the Publisher may (i) make translations, (ii) prepare other versions, or (iii) quote from and otherwise utilize the Article or material based on the Article, and the Publisher may grant permissions and licenses to third parties to do the same.

This is a contract for the publication of a contribution to a book of articles by several different authors.

The first paragraph of this excerpt means that the publisher will not pay the author for the rights the author grants.

The second paragraph means that the author gives up all her publishing rights -- print, digital, audio, and any other media -- for the whole world, for the full term of copyright. The publisher has the right to publish the work under its own name, but also under other imprints, and to allow others to publish: this can mean that the work, which the author expected would be published by the Publisher's prestige imprint, can end up being published by some less desirable imprint owned by the same Publisher, or even by someone else. Because the author assigns her full copyright to the publisher, she has no rights left in the work to sell to anyone else. The publisher may change the article, translate the article, make other versions of the article, and use any material from the article - all without getting the author's approval to any change, translation, version, etc.

[Contestant(s)] irrevocably assign and transfer to the Sponsor and its agents, licensees and assignees all rights in the Video, including, without limitation, all copyrights; grant to the Sponsor and its agents, licensees and assigns the right to reproduce, publish, broadcast/use, adapt, delete, edit and/or modify the Video in any manner or format, for any programming, publicity, advertising and promotional purposes, and in any and all media worldwide in perpetuity, in all languages and versions, and without additional consideration, [Contestant] unconditionally assigns and transfers all ideas, concepts, copyrighted materials and trademarks contained in the Video and any and all rights including “moral rights” in the Video to Sponsor and its agents, licensees and assigns. Sponsor and its agents, licensees and assigns have the right to use, assign, modify, edit, adapt, dispose, and electronically alter the Video, including bur not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce them, in whole or in part, without compensation or additional consent from me or any third party.

I unconditionally assign and transfer all ideas, concepts, copyrighted materials and trademarks contained in the Video and any and all rights including “moral rights” in the Video to Sponsor and its agents, licensees and assigns. Sponsor and its agents, licensees and assigns have the right to use, assign, modify, edit, adapt, dispose, and electronically alter the Video, including bur not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce them, in whole or in part, without compensation or additional consent from me or any third party.

Caveat contestant! This is a release form from a song-writing contest. The contestant who sends in a video of herself singing her song assigns all the rights in the video to the sponsor of the contest (the "Sponsor"). The sponsor can then make every conceivable kind of use of, and make any kind of change to, the video, throughout the world, forever, and without paying the contestant. The rights transferred to the do not appear to be limited to the exploitation of the video, but would include the rights in the music apart from the video.

Furthermore, it says that the entrant transfers any copyrights she holds in the video she is submitting to the sponsoring company and that the sponsor may use the video in any way it wants without paying the contestant anything. It also mentions that the contestant assigns any moral rights she may have in the work. The United States does not recognize moral rights per se and, therefore, this clause is moot. (For more information on moral rights, click here.) (Furthermore, it should be noted that moral rights cannot be assigned in jurisdictions that do honor them.)

By submitting an Essay, each entrant will be deemed to have granted Sponsor all rights, including copyright, in the Essay, any photo of the winner, and any other copyrighted or copyrightable materials furnished by entrant in connection with this contest, including the right to copy, edit, broadcast, publish and use, in whole or in part, and to license others to exercise the same rights, in any manner without further compensation.

This is an excerpt from the terms and conditions of The Hachette Book Group USA photo essay contest. The photographer grants the contest sponsor the entire copyright in the photographs and any other material submitted with the photographs (asuch as explanatory text . . .). Hachette can make any use it wants, and can permit others to make any use, without consulting or paying the creator.

The Author, in consideration of the Publisher undertaking as provided herein to publish the Work and for other good and valuable consideration paid by Publisher, receipt and sufficiency of which is hereby acknowledged, grants to Publisher, its successors and assigns, an exclusive worldwide license to publish the Work and to exercise all rights under the copyright for the full term of copyright. It is understood that this full license of rights includes but is not limited to [list of uses including commercial book clubs, periodicals, lecture use, reprints and royalty-free uses such as those for the visually impaired.]

Although the contract calls itself a "license," it gives to the publisher exclusive rights to all uses of the literary work for the full term of copyright, throughout the world. No rights are left for the author.

The Author hereby grants and assigns exclusively to the Publisher all rights in the Work, including book publication rights and the right to fully develop the Work in all languages throughout the World for the full term of copyright (under current or subsequent copyright laws). Such rights shall include, but are not limited to the right to print, publish, license, distribute, and/or market, either directly or where applicable by third parties, any marketable right associated with the Work.

This is a contract for publication of an article in a newspaper or magazine. It gives the publisher all the author's rights in the work, including the right to turn the article into a book, all foreign languge rights, and any other conceivable way of making money from the article, anywhere in the world, for as long as the copyright lasts.

[1] The AUTHOR and [distributor] intend this to be a contract for services and each considers the products and results of the services to be rendered by the AUTHOR hereunder (the "Work") to be a work made for hire. The AUTHOR acknowledges and agrees that the Work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of [distributor].

[2] If for any reason the Work would not be considered a work made for hire under applicable law, the AUTHOR does hereby sell, assign, and transfer to [distributor] its successors and assigns, the entire right, title and interest in and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the Work, . . . throughout the world.

This language is designed to grab all rights from a free-lance author or artist. The first clause purports to create a work for hire agreement, which would mean that the author has no rights left at all, ever (and cannot even get them back through the termination right). The second clause takes a belt-and-suspenders approach: if for any reason the work is not for hire -- which it would not be if the commissioned work did not fall within the statutory categories -- the author explicitly assigns all rights not only in this work, but in any work based on this work, for the full term of copyright, for the whole world.

All Master Recordings recorded during the Term which embody the performances of Artist, from the inception of the recording thereof, and all artwork ("Artwork") created for use on or in connection with Phonograph Records or other derivatives of such Master Recordings, shall be deemed "works made for hire" for [XYZ Company]. All such Master Recordings, from the inception of the recording thereof, and all Phonograph Records and other reproductions made therefrom, together with the performances embodied therein, and all Artwork, and all copyrights therein and thereto, and all renewals and extensions thereof, shall be entirely [XYZ Company's] property, free of any claims whatsoever by Grantor, Artist, or any other Person, throughout the world and in perpetuity. Accordingly, [XYZ Company] shall have the exclusive right to obtain registration of copyright (and all renewals and extensions) in those Master Recordings and in all Artwork, in [XYZ Company's] name, as the owner and author thereof. If for any reason any such Master Recording(s) or Artwork are deemed not to be "works made for hire", then Grantor and Artist hereby irrevocably assign to [XYZ Company] all of Grantor's and Artist's right, title and interest in and to such Master Recordings and Artwork (including, without limitation, all copyright therein, and all renewals and extensions thereof). Without limiting the generality of the foregoing, [XYZ Company] and its subsidiaries, affiliates, licensees and designees shall have the sole and exclusive right, throughout the world and in perpetuity, to manufacture Records, by any method(s) now or hereafter known embodying all or any portion(s) of the performances embodied on such Master Recordings and/or all or any portion(s) of any such Artwork; to publicly perform such Records; to import, export, sell, transfer, lease, license, rent, deal in or otherwise dispose of or exploit such Master Recordings, Artwork and Records derived therefrom throughout the world under any trademarks, trade names or labels designated by [XYZ Company]; to edit or adapt such Master Recordings and/or Artwork to conform to the technological or commercial requirements of Phonograph Records in various formats now or hereafter known or developed, or to eliminate material which might subject [XYZ Company] to any civil or criminal action; to exploit such Master Recordings for background music, synchronization in motion pictures and television soundtracks and other similar purposes, including, without limitation, use on transportation facilities, without any additional payments to Artist or Grantor other than as expressly set forth in [the discussion of royalty payments herein]; or, notwithstanding the provisions of this agreement, [XYZ Company] and its subsidiaries, affiliates and licensees may, at their election, delay or refrain from doing any one or more of the foregoing.

This contract not only demands a total assignment of rights in the musical recording, it also categorizes the recording (and accompanying artwork) as a "work made for hire," which means that the actual creator has no copyright whatsoever. There is, however, some uncertainty concerning whether musical recordings are in fact "works made for hire." If, under the law, they are not, then saying they are in a contract won't make it so.

Exclusive Rights. Author hereby grants to the Company throughout the world in any and all languages for the full term of the copyright of the work:

Exclusive "Electronic Publication Rights" to the Work. For purposes of this agreement "Electronic Publication Rights" shall mean the right to reproduce, transmit, make available, display publicly, distribute, syndicate and publish the Work in any and all languages on the Internet, in magnetic, CD-ROM, optical, electronic, digital, and other machine and computer rendable forms and media now and hereafter known. Exclusive film, television, video, DVD, and online video rights to the Work.

Exclusive 90-Day Rights. For a period of ninety (90) days after publication of the Work, exclusive right to publish the Work in any language in any and all media whether now known or hereinafter discovered or developed including anthology, collection, or compilation produced or authorized by the Company; it being understood and agreed that Artist shall not permit any other party to reproduce, publish, or use the Work in any form or media until the expiration of such exclusivity periods.

Non-Exclusive Rights. The Author hereby grants to the Company throughout the world in any and all languages for the full term of the copyright of the Work: After the expiration of the exclusivity period set forth in the preceding clause, nonexclusive right to publish the Work in any and all media whether now known or hereinafter discovered or developed including any anthology, collection, compilation, or magazine syndication produced or authorized by the Company.

The Company may, by itself or through third parties, exercise the rights granted in this agreement.

This is an excerpt from a publishing agreement for a work of fiction to be initially published in electronic form. It gives the distributor the right to exploit the work electronically, in any format, worldwide for the duration of the copyright term.

Furthermore, it gives them the exclusive right to sell the work on TV or video, in film or DVD and the online video rights. If a third party purchases the right to release the work in these media from the distributor, then the Author gets 25% of the net proceeds from that purchase. (Keep in mind that 'net proceeds' normally doesn't mean a lot of money!) If the Company finances the DVD, video, television show or other such production itself, the Author gets 2.5% of the production budget (except advertising and marketing - which is where a lot of the budget will be spent!)

For 90 days after the contract is signed, the Company has the right to exploit the work in any way it wants to in any media (although the geographic scope of this right is not addressed).

After 90 days, the Company has the non-exclusive right to publish the work in any media, worldwide for the duration of the copyright.

[Contest Entrant(s)] [4] irrevocably assign and transfer to the Sponsor and its agents, licensees and assignees all rights in the Video, including, without limitation, all copyrights; [5] grant to the Sponsor and its agents, licensees and assigns the right to reproduce, publish, broadcast/use, adapt, delete, edit and/or modify the Video in any manner or format, for any programming, publicity, advertising and promotional purposes, and in any and all media worldwide in perpetuity, in all languages and versions, and without additional consideration, except where prohibited by law;

[Contest Entrant(s)]warrant and represent that the Video for this Contest is wholly original and my own creation, and that I am the sole owner of all rights (other than Sponsor’s) relating to the Video. I unconditionally assign and transfer all ideas, concepts, copyrighted materials and trademarks contained in the Video and any and all rights including “moral rights” in the Video to Sponsor and its agents, licensees and assigns. Sponsor and its agents, licensees and assigns have the right to use, assign, modify, edit, adapt, dispose, and electronically alter the Video, including bur not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce them, in whole or in part, without compensation or additional consent from me or any third party. If moral rights are not permitted to be transferred to any third party under applicable laws, I will not exercise moral rights to Sponsor and its agents, licensees and assigns without compensation or additional consent from me or any third party.

Yet another example of a contest entrant relinquishing all their rights to their work. Here, the contest sponsor has included the assignation of any moral rights. The United States doesn't recognize moral rights (except in limited circumstances relating to visual works of art).