JOINT AUTHOR AGREEMENT
This Agreement is made on [date] between Eric
Goldman and [name]
1.
Overview. The parties are jointly
contributing to the creation of a copyrightable work ______ (the “Work”). The parties expect that the Work will be
characterized as a joint work of authorship under US Copyright law.
2.
Rights. The parties desire to restate
or override default copyright law regarding the Work in the following ways:
a.
Either
party may freely (1) reproduce, distribute, display and perform the Work in any
media now known or hereafter known, and (2) grant to one or more third parties
a nonexclusive, sublicenseable (through multiple tiers) license to reproduce,
distribute (through multiple tiers), display and perform the Work in any media
now known or hereafter known. Both
parties’ names shall be associated with the Work unless a party requests
his/her name be removed.
b.
Either
party may freely (1) create derivative works of the Work, and (2) grant to
third parties a nonexclusive license to create derivative works of the Work or
exercise any of the rights contemplated in Section 2(a). However, a party that does not have
editorial control over the final derivative version of the Work may require
that their name not be associated with the modified Work.
c.
Either
party may exercise any of the rights in Sections 2(a) and (b) without any need
for consent from the other party and without any liability for wasting the
Work. If a party chooses, any third
party license grants to the Work may be perpetual, irrevocable and
royalty-free. Further, the licensor
shall not owe the other party any royalty share or otherwise have any duty to
account for or share consideration received from a license of the Work.
d.
Exclusive
licenses of the Work shall require both parties’ consent.
e.
Either
party may assign its rights to the Work, and its rights under this Agreement,
freely and without the need for consent; however, this Agreement shall continue
to apply to the Work.
f.
The
parties shall cooperate on any effort to register the copyright in the Work or
in any enforcement action for infringement of the Work. Thus, neither party shall undertake such
activities without consent from the other party.
g.
To
the extent that a party lacks legal capacity to consent or is dead, then such
consent is not required.
3.
General. This Agreement is the entire
and exclusive agreement of the parties with respect to its subject matter. However, this Agreement is superseded by any
mutual agreement of the parties to license or assign ownership in the Work to a
third party. This Agreement shall be
governed by California law excluding its choice of law principles. If a portion of this Agreement is
unenforceable, the parties desire to replace that portion with a provision that
most closely facilitates their intent, and the remainder of the Agreement shall
continue to be enforced.
Eric Goldman [Name]