Clauses 1 – 5
What follows is the content of an example TelecomSoft developer contract – circa 1987 – for a Firebird budget game.
The amounts and per cent figures are assumed to be typical for a budget release, but might not have been typical for full-priced and/or licensed titles.
made this [DAY] day of [MONTH] [YEAR], between [FIRST NAME] [SECOND NAME] of [ADDRESS] of the one part (hereinafter called the Author, which expression shall, where the context permits, include his executors, administrators and assigns) and British Telecommunications plc (hereinafter called the Publisher, which expression shall, where the content admits, include its assigns or successors in business as the case may be).
Whereas the Author has agreed to write a computer programme at present entitled [NAME] consisting of a [FORMAT] computer game (hereinafter called the Work), now it is hereby agreed and declared between the Author and the Publisher as follows.
1 DELIVERY OF WORK The Author undertakes to deliver the complete master tapes or disks of the Work in a form and content satisfactory to the Publisher by [DATE]. Should the
Author neglect to deliver all the master copies by the prescribed date, the Publisher may terminate this Agreement giving 31 days notice in writing and shall thereupon without further notice be entitled to recover all amounts advanced to the Author hereunder.
2 WARRANTY The Author hereby warrants to the Publisher that neither the Work nor any part thereof is in any way whatever an infringement of any copyright or other right, that the Work contains nothing obscene, indecent, objectionable or libellous, that all statements contained therein purporting to be facts are true, and that he has full power to make this Agreement, and will indemnify the Publisher against any loss, injury or damage (including legal costs and expenses and any compensation costs and disbursements paid to the Publisher on legal advice to compromise or settle any claim) occaisioned to the Publisher in consequence of any breach of this warranty.
3 RIGHTS GRANTED In consideration of the payment hereinafter mentioned the Author grants to the Publisher during the legal terms of copyright, by way of license only, the right to duplicate, publish and sell the Work in tape cassette, disk or any other physical recording medium, or in telesoftware form, and to license others to do so. This right shall be exclusive throughout the World.
4 COMPETING WORK The author shall not during the continuance of this agreement, without the consent of the Publisher, publish any abridgement or part of the Work, nor shall the Author prepare other than for the publication, any work which is of a substantially similar nature to the Work which is the subject of this agreement.
5 PUBLICATION Unless prevented by the circumstances beyond its control, the Publisher shall publish the Work, at its own risk (subject to the provisions of the Warranty provided in Clause 2 hereof) and expense, within six months after agreement between the Author and the Publisher that the master copy and all ancillary material are ready for publication. The Publisher shall have the entire control of publication; and the tape, disk or other medium, the inlays and covers, the manner and extent of advertisement, the number and distribution of free copies for the Press and otherwise, and the price and terms of sale of the first and any subsequent editions shall be at its sole discretion.
The Publisher warrants that the name of the Author (or pseudonym or copy name at the Author’s discretion) shall appear in due prominence in the cover of every copy produced, incorporated in a copyright notice.