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Rockefeller
Contract Assignment of Rights This agreement is made as of ________ 2002 between the Rockefeller Foundation, a charitable, tax-exempt organization incorporated under New York law ("Foundation") and _______________ an individual residing at ____________ ("Contributor"), who has contributed to a book tentatively entitled "Community, Culture and Globalization" by preparing a chapter entitled _________________("Work"). The Foundation and Contributor agree as follows 1. The parties agree that the Foundation specially commissioned the Work as a work made for hire under Section 101 of the U.S. Copyright Law. Accordingly, the Foundation will be deemed the "Author" of the Work for purposes of the copyright laws. 2. In the event that the Work is determined not to be a work made for hire under the U.S. Copyright laws, then, as of the date of this agreement or the creation of the Work, whichever is earlier, Contributor assigns to the Foundation, forever, all worldwide right, title and interest in the Work, including all United States and foreign copyrights (and extensions of them), whether under statute, treaty, convention, proclamation, or the like, and other proprietary rights existing in the Work. The Foundation will be the sole and exclusive owner of all rights in the Work. Contributor waives any moral rights of any kind in the Work. Contributor agrees to execute and deliver to the Foundation any additional documents that may be necessary to effectuate the transfer of the intellectual property rights in the Work contemplated by this Agreement. If Contributor fails or refuses to do so, Contributor hereby irrevocably appoints the Foundation as Contributor's true and lawful attorney-in-fact to execute those documents. 3. Beginning on the first anniversary date of The Foundation's first publication of the Work, The Foundation grants Contributor a non-exclusive, worldwide, nontransferable license to copy and distribute the Work in English, solely for the purpose of educating and informing the public regarding community cultural development. 4. The Foundation further grants Contributor a non-exclusive, worldwide, nontransferable license to create, copy and distribute derivative works based on the Work, including translations and abridgments, solely for the purpose of educating and informing the public regarding community cultural development. Contributor will submit any derivative work created pursuant to this Agreement to the Foundation for review and approval before distributing the derivative work in any form. Contributor hereby irrevocably assigns to the Foundation all worldwide right, title and interest in any derivative work that Contributor creates pursuant to this Agreement, including all United States and foreign copyrights (and extensions of them), whether under statute, treaty, convention, proclamation, or the like, and other proprietary rights existing. 5. Contributor will display the following copyright notices (or any other notice as the Foundation reasonably directs) on all copies of the Work or any derivative works created pursuant to this Agreement: "Copyright (or (c)) [2001 or year date of first publication] The Rockefeller Foundation. All rights reserved." 6. Contributor represents and warrants that: Contributor is the sole proprietor of the rights in the Work and has full power to make this Agreement; that the Work has not been published before; that it contains no matter that is obscene, libelous, injurious, or unlawful; and that the Work does not infringe any copyright or other proprietary right of another. Contributor agrees to indemnify the Foundation against any suits, claims, damages, liabilities, and costs (including reasonable attorney's fees), based on a claimed breach of the foregoing warranties. 7. This Agreement and any related dispute will be governed by the law of the United States of America and the State of New York applicable to agreements made and performed there, without regard to its conflicts of law principles. Any dispute between the Foundation and Contributor will be subject to the exclusive jurisdiction of the federal and state courts in the State and County of New York. 8. This Agreement constitutes the entire agreement between the Foundation and Contributor with respect to its subject matter, supersedes all prior agreements, and may not be amended or modified except in a writing executed by both parties. The Rockefeller Foundation Contributor
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