DEED OF ASSIGNMENT – SINGER
THIS DEED OF ASSIGNMENT is made BETWEEN Sri Sravana Bhargavi residing at
Manikonda Hyderabad,India, and hereinafter referred to as the “SINGER” (which expression
shall include his/her legal heirs, executors and successors) of the FIRST PART;
AND
M/s. Kaipas proprietary firm represented herein by it's proprietor SRI. K Bhavani
shanker , PAN No : ALRPK1920D having its office at 71 , Jubilee Hills hereinafter
referred to as the “PRODUCER” (which expression shall include its administrators,
successors, legal heirs, partners and assigns) of the SECOND PART;
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WHEREAS the Producer is producing/ has produced a film which is detailed as follows:
Title : “CLIMAX”
Music Director : RAJESH-NIDHWANA
Director : K BHAVANI SHANKER
Star Cast : G B RAJENDRA PRASAD, SASHA SINGH, SRI REDDY & Others.
(Hereinafter referred to as “said film “)
The Singer has consented to and performed / has agreed to perform the Songs (as detailed under
Annexure A, annexed hereto, hereinafter referred to as the said Performance/ the said Works) that
have been recorded by the Producer to be used / exploited in the said Film and / or otherwise in
the manner the Producer may deem fit.
Now this Deed Witnesseth
a) In consideration of payment of Rs.25000 /-(Rupees TWENTY FIVE THOUSAND ONLY )
the receipt and sufficiency whereof is hereby confirmed and acknowledged by the Singer,
the Singer hereby irrevocably, unconditionally, solely and exclusively transfers and assigns
unto the Producer in perpetuity (“Term”) for the territory of the world including India
without (“Territory”) any restrictions, limitations or reservations the entire rights, title,
interest and benefits in and to the said Performance/ the said Works for all modes, mediums
and formats now in existence and commercial use or which may come into existence and
commercial use during the Term in the Territory (“Modes, Mediums and Formats”) without
any further consideration or dues. “Mode, Medium and Formats” refers to any technology
or process or method (regardless of the contrivance, appliance, device, analog, matrix,
equipment, plate or format employing that medium or method) which is in existence and /
or in commercial use anywhere in the World whether or not in the field of cinematograph
films or sound recordings. Further, the Performer/Assignor hereby grants an irrevocable
and exclusive license during the entire term to the Producer/Assignee and/or his
transferees/sub-licensees, for the territory of the entire World to exploit all assigned
copyrights in any new mode or medium which is not in existence or in commercial use as
on date and hereby acknowledges the sufficiency of the Consideration paid hereunder for
the same.
b) The rights assigned hereby include without limitation all the rights as conferred upon a
Performer under Sec. 38 A in the Copyright (Amendment) Act, 2012 and rights to receive
royalties. The rights assigned include but are not restricted to all rights of Publication of the
said Performance, whether as whole or in part, in any/all manners, for any purpose, on
any/all mediums and in any/all and forms, including without limitation on all types of
paper, plastic surfaces, glass surfaces, metal surfaces, magnetic tape, vinyl, optical disc,
silicon surfaces, celluloid, direct or relay broadcasting/transmission (including any
rebroadcast /retransmission) on television, radio, internet, telecommunication networks
and any other mode through electromagnetic waves, air diffusion, through wires, fiber
optics or a combination thereof, in cinematograph films, performing in public, and whether
in visual, aural or somatosensory (sense of touch) form the Singer hereby agrees and
confirms that the Producer shall be the sole, exclusive, irrevocable, unconditional,
unencumbered owner and copyright holder of the Performance and/or the Works including
any results, proceeds, versions created by the Singer during rendition of the Performance
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hereunder for the Term and Territory and the Singer hereby also agrees and confirms that
the Producer shall have the sole, exclusive and unfettered rights as per Section 14 of the
Copyright Act, 1957 and Rules thereto (as amended from time to time) for the Term and the
Territory.
c) Singer having rendered the Performance under this agreement do hereby irrevocably
consent to the incorporation of Singer’s rendition and/or said Performance/the said Works
in the said Film and for all inclusive valuable consideration and also hereby solely and
exclusively assign unfettered rights to the Producer of the said Songs as a part of the Film or
otherwise and in any such manner the Producer and/or its assigns may deem fit.
d) The Singer hereby absolutely and unconditionally assigns his/her entire rights including
related rights exclusively in favour of the Producer without any exclusion or limitation on
the scope of the said assignment, for the Term and Territory. The Producer shall be free to
exploit or authorize exploitation of all the Singer’s name, photographs, likeness, sobriquet,
autograph, caricature, portrait, voice silhouette, and other attributes appearing in and
contributing to the Songs and the Film and all other results and products of the performance
of the Singer in the Film for any promotional, merchandising or publishing or music
publishing endeavours in connection with the Songs and the Film and other materials
related to the said work in the said Performance/ in the said Works across all Modes,
Mediums and Formats in the Territory during the Term.
e) The Singer hereby agrees, confirms and acknowledges that no rights with respect to the
Songs as well as the performance are retained by the Singer and no further dues are payable
by the Producer and/or its assigns to the Singer and the Producer is the sole, exclusive and
unencumbered owner of the same and the Producer and its assigns may deal with the Songs
and the performance of the Singer hereunder in the manner the Producer may deem fit and
appropriate without any restrictions.
In the event the Producer and / or his subsequent assignees or licensees of the Producer are
unable to exploit any of the rights in the said Performance/said works due to any reason
whatsoever, then assignment of such rights shall not be considered to have lapsed pursuant
to Section 19 (4) of the Copyright Act, 1957, as applicable from time to time.
f) The Singer hereby represents and warrants that (1) the said Performance/s is original and is
free from any encumbrances: (2) has not assigned the rights of the said Performance/s to
any third party. The Singer agrees to indemnify, defend and hold harmless the Producer
and the Producer’s subsequent assignees, licensees, associates and agents against all claims,
losses, suits, demands, damages, costs and expenses (including reasonable attorney fee)
resulting from any misrepresentation and / or any breach hereunder.
g) The invalidity of any one provision of this Assignment Deed shall not invalidate the
Assignment in its entirety and amendment, modification or alteration thereof shall be valid
and binding only if reduced into writing and executed by both the parties. The parties agree
to substitute in good faith all/ any void /invalid portions or parts thereof by valid
provisions.
h) This Agreement shall be governed by the laws prevalent in the Republic of India and is
subject to the jurisdiction of competent courts situated in Hyderabad, Telangana, India.
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i) This Agreement shall not be assignable by the Singer. The Producer shall have the
unfettered right to further assign this Agreement in its entirety or any parts thereof to any
other party in the manner the Producer may deem fit.
IN WITNESS WHEREOF the Producer by its duly authorized signatory and the Singer has
hereunto set and subscribed their respective hands on the day, month and year first above written.
SINGER: Sravana Bhargavi PRODUCER:
K Bhavani Shanker
FOR M/s. KAIPAS
______________________ _________________________________
Witness:………………........ Witness:…………………………
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ANNEXURE
Movie Name:- CLIMAX
Production House:- M/s. KAIPAS
Producer(s):- K BHAVANI SHANKER
Director:- K BHAVANI SHANKER
Music composed by:- RAJESH - NIDHWANA
Starring:- G B RAJENDRA PRASAD, SASHA SINGH, SRI REDDY & Others.
NO. SONG TITLE SINGERS LYRICISTS
1. “GOLI SODA” Sravana Bhargavi SRI RAM TAPASWI
”
SINGER: Sravana Bhargavi PRODUCER:
K Bhavani Shanker
FOR M/s. Kaipas
______________________ _________________________________
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