The Derivative Work License Agreement is essential in Nigeria's creative and commercial landscape where parties seek to build upon existing intellectual property to create new works. This document is particularly relevant when an original work owner wishes to authorize another party to modify, adapt, or transform their work while maintaining certain controls and receiving compensation. The agreement must comply with Nigerian Copyright Act (Cap C28, LFN 2004) and considers international treaties Nigeria has ratified. It typically includes detailed provisions for rights granted, territorial restrictions, quality control measures, royalty structures, and termination conditions. This type of agreement is commonly used in various scenarios, from adapting books into films to creating software modifications, and must carefully balance the interests of both original rights holders and derivative work creators while ensuring legal compliance in the Nigerian jurisdiction.
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1. Parties: Identification and details of the licensor (original work owner) and licensee (derivative work creator)
2. Background: Context of the agreement, description of the original work, and intended derivative work
3. Definitions: Defined terms including 'Original Work', 'Derivative Work', 'License Period', 'Territory', and other key terms
4. Grant of Rights: Specific rights granted to create and exploit the derivative work, including scope and limitations
5. Original Work Protection: Provisions protecting the original work's copyright and attribution requirements
6. Term and Territory: Duration of the license and geographical scope of permitted use
7. Royalties and Payments: Financial terms, payment schedules, and royalty calculations
8. Quality Control: Standards for the derivative work and approval processes
9. Representations and Warranties: Parties' assertions regarding rights ownership and authority to enter agreement
10. Attribution and Moral Rights: Requirements for crediting original work and respecting moral rights
11. Termination: Conditions for ending the agreement and post-termination obligations
12. General Provisions: Standard clauses including notices, governing law, and dispute resolution
1. Digital Distribution Rights: Specific terms for online distribution and digital platforms, used when derivative work will be distributed digitally
2. Sublicensing Rights: Terms for allowing licensee to sublicense the derivative work, included when sublicensing is permitted
3. International Use: Additional provisions for international exploitation, needed for multi-jurisdictional use
4. Merchandising Rights: Terms for creating and selling merchandise based on the derivative work
5. Collaborative Development: Provisions for joint development of derivative work, used when multiple parties are involved
6. Technical Requirements: Specific technical standards and requirements, included for technical or digital works
7. Confidentiality: Non-disclosure provisions, included when sensitive information is shared
1. Schedule A - Original Work Details: Detailed description and specifications of the original work
2. Schedule B - Derivative Work Specifications: Planned modifications and specifications for the derivative work
3. Schedule C - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods
4. Schedule D - Approval Process: Step-by-step process for obtaining approval for the derivative work
5. Schedule E - Quality Control Standards: Specific quality requirements and evaluation criteria
6. Appendix 1 - Attribution Requirements: Detailed requirements for crediting original work
7. Appendix 2 - Territory Specifications: Detailed list of territories and applicable terms
Relevant legal definitions
Agreement
Original Work
Derivative Work
Intellectual Property Rights
License
License Period
Territory
Effective Date
Licensor
Licensee
Royalties
Net Revenue
Gross Revenue
Confidential Information
Force Majeure
Moral Rights
Attribution Requirements
Quality Standards
Approved Purpose
Commercial Exploitation
Distribution Channels
Modification Rights
Original Elements
New Elements
Background IP
Foreground IP
Licensed Rights
Improvements
Publication
Term
Termination Date
Permitted Uses
Subsidiary Rights
Third Party Rights
Working Day
Intellectual Property Claims
Marketing Materials
Reporting Period
Accounting Period
Approval Process
Derivative Rights
Original Work
Derivative Work
Intellectual Property Rights
License
License Period
Territory
Effective Date
Licensor
Licensee
Royalties
Net Revenue
Gross Revenue
Confidential Information
Force Majeure
Moral Rights
Attribution Requirements
Quality Standards
Approved Purpose
Commercial Exploitation
Distribution Channels
Modification Rights
Original Elements
New Elements
Background IP
Foreground IP
Licensed Rights
Improvements
Publication
Term
Termination Date
Permitted Uses
Subsidiary Rights
Third Party Rights
Working Day
Intellectual Property Claims
Marketing Materials
Reporting Period
Accounting Period
Approval Process
Derivative Rights
Clauses
Definitions
Grant of Rights
License Scope
Territory and Duration
Royalties
Payment Terms
Quality Control
Approval Process
Attribution Requirements
Moral Rights
Warranties and Representations
Intellectual Property Protection
Confidentiality
Non-Competition
Assignment and Sub-licensing
Termination
Post-Termination Obligations
Force Majeure
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Waiver
Third Party Rights
Indemnification
Insurance
Audit Rights
Record Keeping
Marketing and Promotion
Technical Requirements
Performance Obligations
Reporting Requirements
Grant of Rights
License Scope
Territory and Duration
Royalties
Payment Terms
Quality Control
Approval Process
Attribution Requirements
Moral Rights
Warranties and Representations
Intellectual Property Protection
Confidentiality
Non-Competition
Assignment and Sub-licensing
Termination
Post-Termination Obligations
Force Majeure
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Waiver
Third Party Rights
Indemnification
Insurance
Audit Rights
Record Keeping
Marketing and Promotion
Technical Requirements
Performance Obligations
Reporting Requirements
Relevant Industries
Entertainment
Media & Broadcasting
Publishing
Software & Technology
Music Industry
Gaming
Education
Digital Content Creation
Advertising
Film & Television
Relevant Teams
Legal
Intellectual Property
Content Licensing
Rights Management
Business Development
Creative Services
Content Strategy
Publishing Rights
Digital Rights
Contract Administration
Relevant Roles
Legal Counsel
Intellectual Property Lawyer
Content Licensing Manager
Rights Management Director
Business Development Manager
Creative Director
Content Strategy Manager
Publishing Rights Manager
Digital Rights Manager
Copyright Administrator
Contract Manager
Media Rights Coordinator
Licensing Specialist
IP Portfolio Manager
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