Copyright is a potentially valuable asset to businesses and individuals alike. In common with other assets, copyright can be sold in its entirety (assigned) or it can be licensed, subject to whatever terms and conditions the parties may wish to agree upon. Under Section 90(3) of the Copyright, Designs and Patents Act 1988, if copyright is assigned, the assignment must be done in writing and must be signed by, or on behalf of the assignor.
This Copyright Assignment provides for the assignment of copyright (and other intellectual property rights if you so wish) in one or more works. The terms of this assignment are sufficiently broad to cover most types of copyright work including artistic, literary and musical.
It is important to note that the moral rights that the creators of certain copyright works possess by virtue of Chapter IV of the Copyright, Designs and Patents Act cannot be assigned. Such rights are therefore waived in this agreement, meaning that the assignor no longer has the right to, for example, assert their right to be identified as an author of the assigned work, or object to the derogatory treatment of that work.
A number of undertakings on the part of the assignor are provided for in this template, including the obligation to assist the assignee in practical and legal matters relating to the works and the assigned rights. Warranties are also provided, ensuring the validity of the assignment and providing reassurance for the assignee.
The works in which the assigned rights subsist are referenced in the document and can be listed in a blank schedule, thus avoiding the need to make complex and cumbersome alterations to the main body of the agreement.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document. Removal of certain optional clauses may alter the numbering of clauses. The clause numbers themselves will update, however cross-references within other clauses will not and great care should therefore be taken when making any adjustments.
This Copyright Assignment contains the following clauses:
1. Definitions and Interpretation
3. Waiver of Moral Rights
4. Fee and Payment
6. Further Assistance
7. Assignor’s Warranties
8. Assignee’s Warranties
10. Assignment of Agreement
12. Force Majeure
13. No Waiver
15. Law and Jurisdiction
and the following Schedule:
This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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