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Intellectual property law

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1. Copyright notices

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These are website copyright notices containing a Universal Copyright Convention-style notice, an assertion of ownership of copyright in website materials, a licence to use the website and straightforward acceptable use provisions. If you are using one of our website terms and conditions documents, you will not usually need a separate copyright notice.

2. Assignments of copyright

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An owner of copyright may transfer that ownership to another person using one of these assignment documents. The assignment may be entered into before or after the creation of the copyright work. These documents all include a nominal consideration clause, under which the assignee agrees to pay to the assignor a nominal fee.

3. Waiver of moral rights

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This waiver document allows the individual author of a copyright-protected work to irrevocably waive his or her moral rights in that work. Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works sets out the special moral rights of authors, which site alongside the "economic" copyrights. "Independently of the author's economic rights, and even after the transfer of the ...

4. Ebook disclaimer

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This is a template for an ebook disclaimer: the text often found near the start of the ebook that disclaims liability in relation to the use of the ebook. In addition to disclaiming liability in various ways, this template also includes a licence of copyright. The licence specifies exactly what the customer or user is permitted to do with the ebook, as well a detailing ...

5. Specialised non-disclosure agreements

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These templates have been created from our general non-disclosure agreements, with adaptations designed for the particular purposes of the documents - namely, the protection of information disclosed in the context of: (a) discussions regarding an invention; (b) a proposed business venture; (c) pitching of a media concept discussion; and (d) the appointment of a web designer.

6. Assignment of intellectual property rights

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This document can be used to assign intellectual property rights - in other words, to transfer ownership of the intellectual property rights from one person to another. Those rights may be registered and/or unregistered rights. Registered rights include trade marks, patents and registered design rights. Unregistered rights include copyright and database rights. The rights may be assigned with or without a title guarantee. The default ...

7. Assignment of trade marks

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This is an assignment of trade marks. The purpose of this document is to transfer the rights in trade marks from one person to another. The transfer may relate to both registered and, subject to the comments below, unregistered trade mark rights. In respect of UK registered trade marks, you must, in addition to executing a written assignment, register that assignment with the UK Intellectual ...

8. Assignment of rights in a website

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If you need to assign the copyright and other unregistered intellectual property rights in a website from one person (or company) to another person (or company) you should consider this document. Based on our standard copyright assignment, the subject matter of the transfer is designated using two key definitions: "Excluded IP" refers to the intellectual property rights that are reserved; and "Assignment IP" refers to ...

9. Assignment of rights in software

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Using this assignment document, you can transfer the copyright in a computer program or piece of software from the existing owner to a new owner. In addition, the document can also be used to transfer other unregistered intellectual property rights subsisting in the computer program (for example, database rights) alongside the copyright. Although software itself is not usually protected by moral rights, other works incorporated ...

10. Graphic design terms and conditions

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This document contains terms and conditions for the provision of graphic design services. It has been drafted to take particular account of the interests of the services provider, and accordingly may be a good basis for preparing the standard terms of trading of a graphic design business. The document's treatment of intellectual property in the designer's work product is relatively flexible. The intellectual ...

11. Writing services terms and conditions

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Many businesses engage external agencies to produce written works. For instance, web content and informational copy may be produced by such agencies. This terms and conditions template is designed to cover the provision of writing services by one business to another. (It is unsuitable for use in relation to B2C contracts.) One of the key issues with this sort of contract is the treatment of ...

12. Translation services terms and conditions

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These are standard terms and conditions for a business providing translation services. The terms and conditions include warranties from the client in relation to the source material. For instance, the client warrants that the source material will not infringe any third party rights. Subject to this client warranty, the translator warrants that the translation will not infringe any third party rights. This document assumes that ...

13. Licence of copyright

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Copyright works include written works, musical works and artistic works. A copyright licence is a right for a person to act in some particular way in respect of a copyright work without infringing the rights of the copyright owner. Licensing is one of the key characteristics of intellectual property rights such as a copyright. This document allows a person who owns or controls the copyright ...

14. Licence of trade marks

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Using this document, a trade mark owner may licence rights in trade marks to another person. The trade mark rights may be registered or unregistered or both. The rights granted will vary from licence to licence. The document is relatively flexible, and may be edited to the advantage of either party. The trade mark licence assumes that the rights in question arise under English law. ...

15. Digital content distribution terms and conditions

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Where digital content is supplied by a website user to a website operator for resale, the legal basis of the parties' relationship should be set down in writing. That is the purpose of these terms and conditions. A licensing clause is included in the terms and conditions, setting out the basis upon which the website operator may use the digital content, and also the basis ...

16. Domain name licence agreement

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Under this agreement one party may permit another to use a domain name for an agreed period or an indefinite period. The party that owns the domain name, the licensor, gives certain assurances to the licensee that the domain name will remain available to the licensee during the term of the agreement. The other party, the licensee, gives undertakings that it will not use the ...

17. Website contributor agreements

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These contributor contracts share the same core provisions. The contributor has an obligation to deliver the agreed contributions to the website operator, and to license or assign the intellectual property rights in those contributions to the operator. The contributor also warrants that the contributions will not create legal difficulties for the operator. The contracts take account of the possibility that the contributor may be using source material provided by the operator, and in these cases the operator will be responsible for such source material. Confidentiality obligations protecting the operator are also included in all the contracts.

18. Domain name sale agreement

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This agreement may be used in relation to the sale of a domain name, or a collection of domain names, by one person or company to another. The agreement includes provisions allowing for the price to be held in escrow by a third party, pending the completion of the transfer of the domain name. Different domain name extensions are regulated by different bodies and you ...

19. Copyright agreement

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This copyright agreement is concerned with the assignment and licensing of copyright and other unregistered intellectual property rights in work and materials. An assignment is a transfer of ownership of the rights, whereas a licence is grant of a right to do some defined act or acts in relation to the protected work. The assignment and licensing provisions are organised using the idea of deliverables. ...

20. Consultancy terms and conditions (B2B and B2C)

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This is an adaptation of our standard consultancy T&Cs, with provisions designed for both consumers and business customers. The core clauses require the consultant to provide to the customer, during the term of the contract, consultancy services meeting some defined standard (eg "... with reasonable skill and care ..."). The details of the services should be defined in a separate statement of work. A skeleton statement ...

21. Download terms and conditions

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These download terms and conditions templates each follow the same basic pattern, with standard clauses covering the order process, pricing and payments, distance selling rules, warranties, liability limitations and interpretation. However, the licensing clause in each document - which sets out the basis upon which a customer may use the downloaded files is tailored to the particular type of download.

22. Consultancy and commission agreement

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This agreement may be used to record the terms upon which a consultant is appointed by a client, where the consultant will be paid (in whole or part) on the basis of commission. This agreement is not suitable for employees, whether or not paid by commission. In addition to combining the provisions of our standard consultancy agreement with those of our commission agreement, this document ...

23. Digital marketplace website terms and conditions

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A digital marketplace is a forum for users to buy and sell digital products. These terms and conditions have been designed to help website operators regulate the various legal relationships that arise out of the operation of such a marketplace. The document is not specific to one particular type of digital download, and may in principle be used for ebooks, audio files, video files, software ...