Warranty Survives Indefinitely
Your IP warranties have no end date; breach exposure runs across your lifetime.
What it means
This contract states your IP warranties survive indefinitely; there is no end date. A claim of IP infringement years or decades after the engagement ends still triggers full warranty breach remedies. Well-drafted warranties survive for a defined survival period after the engagement; indefinite survival removes that time-based protection.
Warranties with no end date leave you open to claims long after the work is delivered.
What to check before you sign
- ·Is warranty survival defined as a specific period or stated as indefinite/perpetual?
- ·Where bounded, what's the duration?
- ·Are warranties also qualified by knowledge (de-escalating the indefinite survival)?
- ·Is there a liability cap on warranty breach?
- ·Does professional insurance cover the survival period?
- ·Are music synchronisation warranties separated from ordinary warranties?
How to fix it
Replace indefinite language with a defined survival period after the engagement for ordinary IP warranties.
Different survival periods for different warranty categories, with a longer defined period for music synchronisation warranties.
Where indefinite survival is preserved, ensure warranties are also knowledge-qualified to bound liability to events the creator could have known about at the time.
Cap warranty breach liability, for example at a level linked to the engagement fee, even where survival is indefinite.
Negotiating it
"Could we limit how long my warranties last to a set period after the engagement, with a separate set period for any music synchronisation warranties? "
Indefinite warranty survival combined with absolute warranties, no liability cap, broad indemnity scope, and refusal to bound any portion of the survival period is a strong walk-away signal. The combination creates lifetime exposure for matters the creator cannot defensively document indefinitely.
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Educational guidance, not legal advice. For high-value or complex deals, get independent legal advice from a qualified professional.