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Quick help with the definition of this sentence

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Michealparson

Junior Member
Hello. This is a contract where I am purchasing full rights to a work of digital art.

4. AUTHOR warrants and represents that he has not entered into any assignment, contract, or understanding in conflict herewith.

Is this his reference to the validity of the contract with one of more foreign law elements?

Or does this state that he has simply not entered into a "contract" in the contract which negates his transfer of rights?
 
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Just Blue

Senior Member
Hello. This is a contract where I am purchasing full rights to a work of digital art.

4. AUTHOR warrants and represents that he has not entered into any assignment, contract, or understanding in conflict herewith.

Is this is reference to the validity of the contract with one of more foreign law elements?

Or does this state that he has simply not entered into a "contract" in the contract which negates his transfer of rights?
This site deals with US Law ONLY.
 

tranquility

Senior Member
Hello. This is a contract where I am purchasing full rights to a work of digital art.

4. AUTHOR warrants and represents that he has not entered into any assignment, contract, or understanding in conflict herewith.

Is this his reference to the validity of the contract with one of more foreign law elements?

Or does this state that he has simply not entered into a "contract" in the contract which negates his transfer of rights?
It purports the author has the rights he is transferring or granting to you.
 

quincy

Senior Member
Hello. This is a contract where I am purchasing full rights to a work of digital art.

4. AUTHOR warrants and represents that he has not entered into any assignment, contract, or understanding in conflict herewith.

Is this his reference to the validity of the contract with one of more foreign law elements?

Or does this state that he has simply not entered into a "contract" in the contract which negates his transfer of rights?
It is always important to review a contract in its entirety. What is said before or after Number 4 can make a difference.

As it stands on its own, Number 4 is NOT saying that the author/artist holds any rights in the work of digital art (I assume that is said somewhere else in the contract). What Number 4 is saying is that the author/artist has not assigned (licensed) any rights to others that would interfere with his contract with you.

If the contract is transferring the ownership of ALL rights in the work of digital art to you, the contract should explicitly say that all exclusive rights are being transferred. This transfer of ALL exclusive rights, once signed by the artist/author, will make you the new copyright holder and the original copyright holder/artist/author will no longer have any rights in the work.

This transfer of exclusive rights MUST be signed by the author/artist to be valid and it is smart to have the transfer recorded with the US Copyright Office.
 
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