A Derivative Work Licence Agreement is essential when one party wishes to legally modify or adapt another's copyrighted work. Used extensively in creative industries under English and Welsh law, this agreement protects both the original creator's rights and enables innovation through authorized derivatives. It specifies permitted modifications, commercial terms, and quality standards, ensuring compliance with UK copyright legislation while providing clear frameworks for exploitation of derivative works. The agreement is particularly crucial for managing intellectual property rights in collaborative creative projects.
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Key Requirements PROMPT example:
Derivative Work Licence Agreement
"I need a Derivative Work Licence Agreement to allow a gaming studio to create mobile game versions of my existing board games, with a 10% royalty structure and exclusive rights in the European market starting from March 2025."
1. Parties: Details of the licensor and licensee
2. Background: Context of the agreement and ownership of original work
3. Definitions: Key terms used throughout the agreement
4. Grant of Licence: Scope and nature of the derivative work rights being licensed
5. Licence Restrictions: Limitations on use of the original work
6. Intellectual Property Rights: Ownership and protection of rights in both original and derivative works
7. Payment Terms: Fees, royalties and payment arrangements
8. Term and Termination: Duration and termination provisions
1. Quality Control: Used when licensor wants to maintain quality standards in derivative works - recommended for brand-sensitive or reputation-dependent works
2. Distribution Rights: Terms for distribution of derivative works - include when licensee will be distributing the derivative works
3. Territory Restrictions: Geographical limitations on derivative work usage - include for territory-specific licensing
4. Moral Rights: Protection of author's moral rights - include when original author wants to maintain specific controls
1. Schedule 1 - Original Work: Detailed description of the original work being licensed
2. Schedule 2 - Permitted Derivative Works: Specification of allowed derivative works and modifications
3. Schedule 3 - Payment Schedule: Detailed breakdown of fees, royalties and payment terms
4. Schedule 4 - Quality Standards: Quality requirements for derivative works if applicable
5. Appendix A - Approved Territories: List of territories where derivative works can be created/distributed
Authors
Relevant legal definitions
Agreement
Original Work
Derivative Work
Intellectual Property Rights
Licence Fee
Royalties
Territory
Term
Commencement Date
Permitted Use
Modification
Commercial Exploitation
Confidential Information
Background IP
Moral Rights
Quality Standards
Distribution Rights
Net Revenue
Licensed Materials
Approved Format
Effective Date
Force Majeure Event
Permitted Licensee
Sub-licence
Third Party Rights
Working Day
Governing Law
Jurisdiction
Original Work
Derivative Work
Intellectual Property Rights
Licence Fee
Royalties
Territory
Term
Commencement Date
Permitted Use
Modification
Commercial Exploitation
Confidential Information
Background IP
Moral Rights
Quality Standards
Distribution Rights
Net Revenue
Licensed Materials
Approved Format
Effective Date
Force Majeure Event
Permitted Licensee
Sub-licence
Third Party Rights
Working Day
Governing Law
Jurisdiction
Clauses
Grant of Licence
Scope of Rights
Territory
Restrictions
Payment and Royalties
Quality Control
Intellectual Property Rights
Moral Rights
Sub-licensing
Representations and Warranties
Duration and Termination
Confidentiality
Attribution
Approval Process
Reporting and Auditing
Distribution Rights
Modifications
Commercial Exploitation
Assignment
Force Majeure
Notices
Entire Agreement
Severability
Waiver
Third Party Rights
Dispute Resolution
Governing Law and Jurisdiction
Scope of Rights
Territory
Restrictions
Payment and Royalties
Quality Control
Intellectual Property Rights
Moral Rights
Sub-licensing
Representations and Warranties
Duration and Termination
Confidentiality
Attribution
Approval Process
Reporting and Auditing
Distribution Rights
Modifications
Commercial Exploitation
Assignment
Force Majeure
Notices
Entire Agreement
Severability
Waiver
Third Party Rights
Dispute Resolution
Governing Law and Jurisdiction
Relevant Industries
Relevant Teams
Relevant Roles
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