Common use of INTELLECTUAL Clause in Contracts

INTELLECTUAL. Copyright 1. The client is advised to take professional advice from a trained legal professional specialising in copyright law should they be unsure on any terms/guidance concerning 'intellectual copyright' as detailed in this section. 2. The client is made aware and cautioned that there is a risk of copyright infringement if any elements (media/materials/assets/designs/photos/videos/fonts (print & web)/illustrations/literature) used for the purpose of the project/works, either under this agreement and/or in casual work, don't have the appropriate copyright licenses in place. Therefore the client is advised to speak with the supplier while drafting/compiling the project to ensure any elements used have the appropriate copyright agreements in place. 3. The client is responsible for ensuring they hold the appropriate copyright for materials they submit to the supplier for the purpose of this agreement/project. The supplier will not be held liable for copyright infringements obtaining from material supplied by the client. The supplier may reject material submitted by the client should there be reason to believe insufficient copyright privileges/licenses are in place. 4. By default, the supplier retains intellectual copyright of all deliverables (irrespective of its completeness), including but not limited to, sketches, preliminaries, notes, drafts and third party licensed assets (fonts, graphics, photos, videos), under this agreement. Third party intellectual copyrights remain with their respective authors. 5. By default, the client has rights to, and is entitled to ONE copy/use of each deliverable under this agreement. 6. Subject to a written agreement and payment of any 'transfer of intellectual copyright' fees, intellectual copyright of all deliverables can be passed to the client in full (including new licenses in the clients name for third party assets used/required) from the supplier. This excludes, but is not limited to sketches, preliminaries, notes and drafts. Third party intellectual copyrights remain with their respective authors. 7. Transfer of intellectual copyright fee are calculated by the following conditions; 1. The total project value (the original quotation value + any additional charges pertaining to the project) + 200%. 2. The cost of licenses for each third party asset used/required. 8. Unless otherwise stated in writing, logo and branding design deliverables are delivered to the client with full intellectual copyright included, excluding any third party licenses for assets used/required, to which will be invoiced to the client accordingly. 9. Unless the supplier has passed intellectual copyright to the client, the client can only use the supplied deliverables in the context they were first commissioned for, including for use in the named business in the quotation and/or schedule of work. The client cannot sell, re‐sell, copy, transfer, re‐distribute, edit or amend original artwork/source code without written consent from the supplier, and may be liable for 'transfer of intellectual copyright' fees.