Thursday, April 26, 2012

Who is the first owner of the copyright in the work?

Introduction

The author of the work is normally recognised as the first owners of the copyright in the work. However, the ownership of copy right can be assigned from the initial owner to the other person. The copyright in the work can be assigned before the completion of the work. It is not mandatory that copyright must be assigned after the creation of the work. The initial owner must assign the copyright without any undue influence or coercion. The copyright may be in any type of work – a book, an e-book, computer programme, a screenplay, painting, document, article and so on. The owner of the copyright may sell, donate or permit the use of whole or part of their copyright. Owners of the copyright have the exclusive right to deal with their work. The ownership of copyright is automatic on the creation of the copyright work.
Is it mandatory to register the ownership of copyright?
In Australia, there is no system for the registration of the copyright. However, you can protect the copyright of the work by including copy right notice. The notice must provide the name of the author in the following format:
” © Net Lawman Ltd and Andrew R Taylor”This notice will protect your work, and no one can claim the ownership of the work. This notice will recognise you the owners of f the copyright material.
Term of copyright
The term of the copyright varies for the work to work. It lasts for the life of the author plus seventy years.
How to assign the copyright?
You can transfer the copyright to anyone by assignment of copyright. Assignment must be in a written form. It is your exclusive right to transfer the right of copyright.
What is the status of the work created by the employees?
Usually, the copyright material created by the employee in the course their employment is owned by employer. Unless, there is written or verbal agreement that employee will own the copyright. You can negotiate this matter with the employer if you want to own the copyright.
Copyright material created by independent contractor
The contractor will own the right of copyright for the work created by him even you have paid him for creation of such work. You enjoy the ownership of the work but not right of copyright. You will have the implied licence to reproduce such work.
Certain commissioned work
For photographs commissioned, the photographer is the owner of the copyright except the photograph was a commissioned for:
Private; or
Domestic purpose.
Work made under the direction of State
Australian states own the copyright in the :· the work was made by, or under the direction or control of, the Commonwealth Government, or a State or Territory government; or· the work was first published by, or under the direction or control of, the Commonwealth Government, or a State or Territory government.
What must be included in the assignment of the copyright?
Net Lawman provides the document for the assignment of the copy right in plain English.The document includes:
Payment: how, how much and when
Identification of the copyright work or creation
Dispute resolution
Succession and assignment
Representations and warranties
Appropriate legal provisions – warranties, exclusions, indemnities
Conclusion
It is the sole and exclusive right of the author to deal with work and assign to anyone. You can claim damages if someone have infringed the copyright.
About Net Lawman
Net Lawman provides best quality online legal documents, legal contracts and legal agreements for use in Australia. Net Lawman is the premier source to buy online legal documents in Australia. Mature your legal agreements and legal contracts without any extra help. Our legal templates are self explanatory, written in plain English and easy to use. Just download from our website and use them according to your needs. We have dedicated and free legal information section and reference for all Australian Acts of parliament.
Editors’ notes:For more information please visit www.netlawman.com.au or contact Rashid Ramay on support@netlawman.co.uk.Save 10% on documents frequently bought together.
Related Documents:

Monday, April 23, 2012

Setting Business Terms and Condition


When you are going to start a business to sell goods or to provide services, you must need a comprehensive terms and condition document to deal with your customers. These set of terms are also known as trade terms. Business terms and conditions document is a contract between you and your customer. The document protects your rights, limits your liabilities and provides you with some security when you sell goods or provide a service. The terms document affirms the legal rights of the parties, so that either can sue the other in court for a breach of these terms. Most of businesses have been involved in litigation due to use of verbal or informal agreements. You will hope of course, that by setting out your terms precisely, you will never be in dispute!
Purpose of terms and conditions
Their purpose is:
• To set out what you have agreed;
• To dines the rights of each parties;
• To limit the your liability;
• To define trade procedure etc
What must be included in the terms and condition?
You must include:
Subject matter of contract
You must describe what you are going to sell. You must provide the detail of business in a detailed manner. You can refer your customer to such a document that describes the details of your business.
Price
You must provide the information about the price and variation in the price. The price is variable and can be from time to time. So therefore, you must let the customer about this fact. You can ask the customer to check the price list time to time.
Modes of payment
You must describe the acceptable modes of payment. It will help the customer to know that whether you will accept the payment through check or bank transfer, etc.
Cost of delivery
You must provide the information about the charges of delivery. You can also describe whether the price of the goods includes the delivery charges or not. This will provide the clear picture to the customer about the price and delivery charges.
Cancellation of the order
You must provide the time period how long the offer will remain valid if the customer did pay in time. You must provide the time period under which customer can terminate the order. You must provide the information, whether the customer can terminate the order after the delivery of the goods.
Limitation of liability
You must provide the limit of your liability. You are no longer liable for the force majeure acts. You must provide the limit of your liability when the goods are declared defective? You must also provide the time period for making the claims.
Dispute resolution
You must incorporate the dispute resolution paragraph. This paragraph will enable the both parties to settle their disputes through arbitration.
Jurisdiction
This will help the customer to know under which law this agreement will be governed. In Australia, each state has its own laws. You must include that this agreement shall be interpreted in accordance with laws of Australia and state.
Where to buy terms and conditions?
Net Lawman offers easy to edit and written in plain English terms and conditions.
• Terms and conditions sale of goods to business or consumers: short form
• Export contract: terms and conditions for sale of goods abroad
• Garage repair company / mechanic's terms and conditions
• Caravan park booking terms and conditions
Conclusion
A well drafted and comprehensive written terms and condition will not only avoid legal disputes but also promote the business.
About Net Lawman
Net Lawman provides best quality online legal documents, legal contracts and legal agreements for use in Australia. Net Lawman is the premier source to buy online legal documents in Australia. Mature your legal agreements and legal contracts without any extra help. Our legal templates are self explanatory, written in plain English and easy to use. Just download from our website and use them according to your needs. We have dedicated and free legal information section and reference for all Australian Acts of parliament.



Thursday, April 12, 2012

Deed of Novation

The essence of novation agreement is that it requires the consent of other parties. It cannot be made without obtaining the consent of the other party. Assignment can be made without obtaining the consent of other party. The novation agreement is valid, and it develops through case laws and interpretation of the laws. The initial principal of the law is that party to contract must fulfill their obligations.

Notation is an exception to this rule. It replaces the original contract. However, it does not change the original term and conditions.

What are the reasons for making novation?
Usually the novation is occurred when:
• One party ( transferor) wants to transfer his rights and obligation to thirds party; and
• Other party agrees to it.
• The novation avoids the cancellation of contract.

Does it only transfer the benefits or obligations?
No, it transfers the both rights and obligations to third party. While, assignment only transfers the benefits to the transferee.

Does novation change the original terms and conditions of the contract?
No, it does not changes the original terms and conditions of the contract. But it ensures the continuity of the contract and avoids the renegotiation's. Novation cannot be back dated. It must incorporate the date when the novation becomes effective.

Is there any difference between novation and assignment?
Yes, there is a clear line of demarcation between novation and assignment. Assignment is made between two parties while it is made between three parties. Assignment does not replace the original contract, but it replaces the original contract. Assignment does not require the consent of other party while t cannot be made without the consent of other party.

Can a license be novated?
No, it cannot be novated. License is personal to licensee. It is advisable to enter into new license with new party rather novating it.

Can a novation be considered as deed?
Deed is made when there is no consideration. Usually, the element of consideration is involved in novation agreement. Therefore it is not considered as deed. It is a process which transfers rights as well as obligation from one party to the third party.

Is novation a legally binding contract?
Yes, it is a new contract and it must fulfill the all essential for making the contract. It involves the consideration and requires the consent of the other party. Once it is signed, it becomes legal and valid contract. It has the same values as the original contract. it cannot be used to only transfer the benefits.

Features/contents
Net Lawman provides the following types of novation agreements. such as:
Novation agreement: transfer of service contract
Novation agreement: transfer debt to new debtor
Novation agreement: transfer debt to new creditor
Novation agreement: of construction contract

There are main common features of the novation agreements:
• Suitable when either party is resident outside the UK;
• Ensures a legal transfer as it is drawn as an agreement between all parties;
• Comprehensive provisions provide ideas for you to mould.

Conclusion
Novation agreement is useful tool which allows the transferor to transfer his rights and obligation to third party rather than terminating it. It requires the consent of other party and a part of agreement cannot be novated. It novates the whole contract .The third party must have a legal capacity to enter into contract.

For Further Details, You can Visit Following Links:

Tuesday, April 10, 2012

Monday, April 9, 2012