Maria Paredes Fernàndez de Ortega

 Barcelona, ….. of ….. of 2018. BETWEEN From one party, ……………………, legal of age, …………………. Nationality, marital status……………………, neighbor of ……………………, with address in ……………………, with citizenship document number or NIE ………………….. . From now on, the AUTHOR. From the other party, ……………………, legal of age, …………………. Nationality, marital status……………………, neighbor of ……………………, with address in ……………………, with citizenship document number o ………………….. From now on, ASSIGNEE. Both parties, each being who they are in this contract, mutually recognize, freely and by mutual consent, in each other the legal capacity to perform this COPYRIGHT ASSIGNMENT CONTRACT, SET FORTH I. That the AUTHOR states that he/she is the author and rightsholder of all the exploitation rights to the work which consists in an artistic and graphic design which is................. (breu descripció disseny), …………………………….. (regarding the subsequent WORK or DESIGN). There is a copy of the product’s design attached to this contract, identified as APPENDIX I) II. That the ASSIGNEE is interested in acquiring all the rights and exploitation modalities that might exist, regarding the WORK, under the conditions that will be outlined. III. Both parties are interested in the signing of this COPYRIGHT ASSIGNMENT CONTRACT, in accordance with the following: PROVISIONS FIRST.- SUBJECT Through the present contract The AUTHOR assigns all the exploitation rights upon the design’s, previously mentioned, exploitation to the ASSIGNEE about any kind of valid supports, and from each and every support and the final number of produced or manufactured final pieces sold to the public, the AUTHOR will be entitled to the royalties outlined further on. To this end, the AUTHOR assigns to the ASSIGNEE the following rights and exploitation modalities of the stated WORK: 1. Publicity and Publication, understanding that these refer to making WORKS accessible to the public for the first time, and its replicas in any format. 2. Direct and indirect reproduction, understanding that it refers to the right of fix or make fix WORKS in a whole or in parts, with provisional or permanent nature upon any support or format through any system or procedure that will allow its communication and/or the collection of the totality of the copies of the WORKS, or parts or fragments of it. The digitalization of the WORKS and the digital storage in an electronic support will be considered as an act of reproduction. 3. Transformation, understanding that this refers to the adaptation or transformation of the WORKS in a way that other or other different works arise from it. 4. Distribution¸ understanding that this refers to making the WORKS available to the public, in original, copies or replicas that might be able to put under circulation, like tangible objects on any support or format, and by any system or procedure through its sale, rent, loan, or any other form of temporal or definitive transfer or the property, possession, or use for any licit purpose, including the making available to the public of copies in any kind of system or format for its use in a household level. 5. Public communication, understanding that this refers to every act in any support of format, and by any system or procedure that allows a plurality of persons to have access to the WORKS without any previous copy’s distribution to each and every one of them. 6. Associated Exploitations: The rights assigned with an exclusive nature, include the using of the WORKS or of the elements of the WORKS, such as the title, themes, characters, characteristics, images or accessories for the manufacturing and commercialization of plastic or applied arts objects, games and, in general, for all the applications identified generically as derived products. SECOND.- EXCLUSIVITY. In accordance with Intellectual Property Law, the AUTHOR assigns to the ASSIGNEE such rights with an exclusive nature and with no limitations what so ever, with the faulty of assigning to third parties, exclusively or not. The exclusive assignment to the ASSIGNEE includes the totality of the intellectual property rights that might arise from the WORKS. Such exclusive assignments, give the ASSIGNEE the faculty to exploit the WORKS, excluding any third party, including the AUTHOR, and also the faculty of transfer, assign the assigned rights, or to grant authorizations to third parties for its commercialization and exploitation. THIRD.-DURATION. The assignment regarding this Contract will have a duration of TEN YEARS, from the date of the signing of this contract. The duration of the assignment of this Contract can be extended for the amount of the agreed initial term, if none of the parties inform conclusively their will to do otherwise with a prior notice of 60 days, as a minimum, prior to the end of the previously laid down. FOURTH.-GEOGRAPHICAL SCOPE. Through this contract, the ASSIGNEE obtains the faculty to exploit THE DESIGN worldwide, in accordance with the assigned rights and modalities, FIFTH.-GUARANTEES. The AUTHOR guarantees that he/she is the legitimate owner of all the rights assigned through this contract and the WORK is original, that it does not violate any third party’s right, and there has not been and it will not be carried out any kind of act that will prevent or make it difficult for the ASSIGNEE to fully exercise the rights assigned through this contract. Also, he declares that she/she carried out all the protection measures for intellectual property. Accordingly, the AUTHOR will exclusively be liable for any kind of action or claim from third parties that might arise as a reason or as a consequence of the assignment and/or the exercise of the rights awarded to the ASSIGNEE through this contract. The ASSIGNEE will be legitimized, regardless of the AUTHOR, the violations or offenses that affect the rights and faculties that come from his status as exclusive rightsholder of the rights of exploitation that are subject of this contract. Nevertheless, the AUTHOR undertakes to collaborate to this effect when asked by the ASSIGNEE. SIXTH.- MORAL RIGHT OF THE AUTHOR THE ASSIGNEE undertakes to respect the moral right of the AUTHOR and to inform her/him of any offense to this right that might be carried out by third parties. The ASSIGNEE, in particular, undertakes to guard the right of authorship of the work, whereby the name of the author is indicated on the WORK in the usual way in accordance with the kind of exploitation in hand, and to scrupulously respect the integrity of the WORK. With the purpose of protecting the moral rights of the author, and with publicity purposes, the AUTHOR explicitly enables the ASSIGNEE to publish her/his name in its website or in the appropriate advertising media. The ASSIGNEE is liable to the AUTHOR for the violations her/his moral right of the WORK that arises from one of its assistants or from third parties it might be responsible for. SEVENTH.- ECONOMIC CONDITIONS. ROYALTIES. THE ASSIGNEE is bound to MONTHLY inform the number of design applications and its modalities. In case of not informing him/her, it shall be understood that within that month there was no sale to report, and it will be understood that there is no percentage to be taken on behalf of royalties. The AUTHOR is entitled to receive a percentage from the net worth of the sale obtained by the ASSIGNEE from every piece that had the application of the design subject to this contract, in the following conditions: A % of the net worth of the wholesale. A % of the retail sale. An amount of …. In the worth of the jewelry on the online store owned by the ASSIGNEE. It is specified that in the moment of the signing of this contract the AUTHOR receives the amount of …..€ as a down payment of the percentage stated above. Therefore, on the first sales carried out by the ASSIGNEE, the number of sold units and pieces will be informed with the frequency stated above, but it won’t be until the amount of the down payment is exceeded that the ASSIGNEE will have the obligation to transfer the applicable resulting percentages in royalties due to the copyright assignment. The amounts earned, if applicable, will be deposit in a bank account property of the AUTHOR, who designates to this effect: EIGHTH.- EXPENSES AND TAXES The AUTHOR explicitly enables the ASSIGNEE for the drawdown, declaration, and income on the coffers of the Treasury of those amounts that should be fulfilled by the concept of tax as a consequence of the income arising from the exploitation or sale of the WORK, and as long as in accordance with the applicable provisions the ASSIGNEE is able to act in lieu of the AUTHOR as taxpayer. NINTH.- COMMUNICATIONS For the communications regarding the correlation between the objects and the design, and other issues relating to this contract, the parties designate and understand as valid, those carried out in the following emails. AUTHOR: ………..@.............. ASSIGNEE: ………..@.............. Any change on the address, email, or on any relevant data of one of the parties should be immediately notified to the other party through a mean that guarantees the message’s receipt. TENTH.-OVERVIEW This contract annuls and replaces any other contract or agreement between the parties on the same subject and can only be amended by a new agreement signed by both parties. If any of the provisions of this contract were to be declared null or non-applicant, such provision will be considered excluded from the contract, without this implying the invalidity of the contract. In this case, the parties will make every possible effort to find an equivalent valid solution that properly reflects their intentions. ELEVENTH.-JURISDICTION The parties explicitly wave their own jurisdiction, if they have one, and they establish that for any issue that might arise between them about the interpretation and/or compliance of this contract, will be subject for the Courts in Barcelona. As proof of accordance and acceptance of the foregoing, both parties sign all pages and appendix of this COPYRIGHT ASSIGNMENT CONTRACT, in duplicate and to a single effect, in the city and data stated in the heading. AUTHOR ASSIGNEE (nam author) CESIONARIO JAJ