1.1.1. Agreement with the composer of music: It is the practice of the producer of a film to compel the composer to compose the music and the background score for the film. Under the Copyright Act of 1957, the composer is the author of the musical work. It is often the case that, until the film`s release, the producer retains the copyright to all musical works by entering into a service contract with the musical composer.3 1.2. Marketing contract: A marketing agreement allows a third party a restricted right to display the licensee`s trademarks during the marketing, advertising and sale of products owned by the licensee. 1.5.2. Software as a service: As a general rule, there is a company in these agreements that has developed software and provides services that help with the productive use of this software. The company enters into an agreement with the customer that grants a customer a license to use the software for its business activities, while the company retains the IP in the software. Once the rights are reset in this way, the allocation must be reissued in a separate agreement. From a practical point of view, it is desirable to include in the agreement a clause in which the parties agree that section 19 (4) of the Copyright Act does not apply to their agreement.
However, it may be in Zmittor`s interest to authorize the operation of Section 19 (4), as this would deter an agent from filling the rights to a plant without using it publicly. i. In order to protect the interests of the producer, the agreement with the composer and the editor must contain a clause clearly stating that all stages of the investigation period in musical and literary works belong to the producer. 1.3.4. Terms of payment – The transfer agreement must clearly define the terms of payment agreed between the parties. This consideration may be a lump sum payment, a number of payments as a share of revenue or in the form of royalties. i. Agreements must include a timetable specifying the timing of delivery of printing and material to the platform, as well as the technical specifications of these materials. In this article, the second in the two-part series on the transmission of mental protection and intellectual protection and rights, we discussed how different clauses should be formulated in an IP transfer contract. There are many ways to structure these agreements, but it is important to keep in mind the intent of the parties and the extent of the rights to be granted.