Copyright and Moral Rights Waiver
THIS AGREEMENT takes effect the day JUST LED US Release of Information & Photo document is agreed upon BETWEEN: [The Author/Artist/Photographer] [Address] (“the Author/Artist/Photographer”) AND: JUST LED US Inc.
THE PARTIES AGREE as follows:
(1) In this Agreement the following definitions apply:
‘Author’ means literature/content produced by writer as requested by JUST LED US pursuant to this Agreement and described in Item 1 of Schedule 1 of this Agreement;
‘Artwork’ means Artwork produced by the Artist as requested by JUST LED US pursuant to this Agreement and described in Item 1 of Schedule 1 of this Agreement;
‘Photographer’ means photography produced by Photographer as requested by JUST LED US pursuant to this Agreement and described in Item 1 of Schedule 1 of this Agreement;
‘JUST LED US’ means Judiciously Uniting Strengths Together as Leadership & Education Develops Understanding of Sustainability, including its controlled entities, licensee and any person authorized by JUST LED US in connection with this Agreement.
(2) A reference to persons includes corporations.
(1) In consideration for the Literature, Content, Artwork, Photography JUST LED US will pay the Author/Artist/Photographer the sum set out hereby known as ‘Virtual Credit’, defined in section 2, paragraph 2 of this Agreement. This sum shall be the total consideration for the Literature, Content, Artwork, and/or Photography. The Author, Artist, photographer agrees that they shall have no future claim for royalties or compensation from the use of the Literature, Content, Artwork, and/or Photography.
(2) Virtual Credit: is defined as ‘credit’ that can be used on the JUST LED US Inc. web site in place of earning actual funds.
Credit offered for items submitted and items used by JUST LED US will be based on quality, originality and marketability.
(3) Commission: is a method of compensation for ‘private sales’.
(4) There will be no compensation prior to submissions of completed commissioned works. In other words, JUST LED US will not pay Authors/Artists and/or Photographers advances. There will be no royalties paid on commissioned works.
(3) Private Submissions & Social Media Submissions
Works may be submitted ‘privately’ or through representative’s ‘social media channels’. In certain circumstances, some authors/artists and/or photographers will exclusively be inclined to make a submission ‘privately’ and in such case JUST LED US will sign a ‘temporary non disclosure agreement’ to protect the owner, the author/artist/photographer of their copyright and their moral rights for the period of time that the writer/artist and/or photographer retains ownership for the works that they wish to present for sale.
When a submission is made by an author/artist/photographer and an agreement is made and ownership of the works is transferred the author/artist/photographer agrees that JUST LED US has the exclusive right to use the said works for whatever reason the company sees fit.
(4) Assignment of Copyright and Moral Rights
1) By accepting commission for literature/content, artwork, photography, the Author/Artist/Photographer agree to the following:
2)assigns absolutely to JUST LED US the copyright subsisting in the Literature, Content, Artwork, Photography for its use in all current and future media whether that use is known or unknown to the Author, Artist, photographer;
3)agrees that JUST LED US may modify the Literature, Content, Artwork, Photography as it sees fit to meet its requirements;
4)unconditionally waives all moral rights (as defined in the Copyright Act of Canada and/or Copyright Laws of the United States) the Author may have in respect of the literature/content, Artist may have in respect of the Artwork, Photographer may have in respect of the photography.
(5) Warranty and indemnity
(1) The Author/Artist/Photographer warrants to JUST LED US that:
- The Literature, Content, Artwork, Photography is an original work;
- The Author/Artist/Photographer is the sole proprietor of the Literature, Content, Artwork, Photography;
- The Literature/Content, Artwork, Photography does not infringe any existing copyright.
(2) The Author/Artist/Photographer will indemnify JUST LED US Inc. against loss, injury or damage (including any related legal costs or expenses properly incurred) occasioned to JUST LED US Inc. in consequence of any breach by the Author/Artist/Photographer (unknown to JUST LED US Inc.) of the warranty in clause 5 (1).
(1) Applicable Law: This Agreement must be read and construed according to the laws of the Province Ontario in the Country of Canada and the parties submit to the jurisdiction of Province of Ontario.
(2) Amendments: This Agreement may not be varied except in writing signed by both the parties.
(3) Severability: If any provision of this Agreement is held by a court to be unlawful,
invalid, unenforceable or in conflict with any rule or law, statute, ordinance or regulation, it is to be severed so that the validity and enforceability of the remaining provisions are not affected.
(4) Further agreements: Each party must do all such acts and execute all such documents as necessary to give effect to this Agreement.
Revision Number: 03212015
©2015 JUST LED US Inc.