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Joint Copyright Agreement for Germany

Joint Copyright Agreement Template for Germany

A Joint Copyright Agreement under German law (Urheberrechtsgesetz) is a legally binding document that establishes and governs the shared ownership of copyright between two or more parties. The agreement is structured in accordance with German copyright law principles, which have specific requirements regarding moral rights and transfer of usage rights. It details the parties' respective ownership shares, rights, and obligations, methods of exploitation, revenue sharing arrangements, and decision-making processes for the joint work. The document ensures compliance with both German civil law (BGB) for contract formation and specific copyright legislation requirements.

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What is a Joint Copyright Agreement?

The Joint Copyright Agreement is essential when two or more parties collaborate to create a work and wish to establish clear terms of joint ownership under German law. This document is particularly crucial given Germany's specific approach to copyright law, which emphasizes creators' rights and has strict requirements regarding copyright transfer and licensing. The agreement should be used whenever parties create work collaboratively, whether in creative industries, technology sector, or academic environments. It addresses key aspects such as ownership proportions, exploitation rights, revenue sharing, and decision-making processes, while ensuring compliance with the German Copyright Act (Urheberrechtsgesetz) and related legislation. The document is particularly important as German law has specific provisions regarding moral rights and usage rights transfer that differ from common law jurisdictions.

What sections should be included in a Joint Copyright Agreement?

1. Parties: Identification and details of all parties entering into the joint copyright agreement

2. Background: Context of the agreement, including the nature of collaboration and the work(s) involved

3. Definitions: Key terms used throughout the agreement, including 'Work', 'Joint Ownership', 'Usage Rights', etc.

4. Subject Matter: Detailed description of the work(s) covered by the agreement

5. Joint Ownership Declaration: Express declaration of joint ownership and the ownership proportions between parties

6. Rights and Obligations: Core rights and obligations of each party regarding the joint copyright

7. Usage and Exploitation: Terms governing how the work can be used, licensed, or commercially exploited

8. Revenue Sharing: Agreement on how any income from the work will be distributed

9. Decision Making: Process for making decisions about the work's use and exploitation

10. Duration and Termination: Term of the agreement and conditions for termination

11. Governing Law: Confirmation of German law as governing law and jurisdiction

12. Signatures: Execution block for all parties

What sections are optional to include in a Joint Copyright Agreement?

1. Moral Rights: Specific provisions regarding moral rights (particularly relevant for creative works)

2. International Rights: Additional provisions for international protection and exploitation

3. Third Party Licensing: Procedures for licensing the work to third parties

4. Dispute Resolution: Specific procedures for resolving disputes between parties

5. Assignment and Transfer: Conditions under which rights can be transferred to third parties

6. Death or Incapacity: Provisions for what happens to rights upon death or incapacity of a party

7. Creative Control: Provisions about artistic or creative control over the work

8. Future Works: Provisions regarding future modifications or derivative works

What schedules should be included in a Joint Copyright Agreement?

1. Schedule 1: Work Description: Detailed technical or artistic description of the work(s) covered

2. Schedule 2: Contribution Schedule: Detailed breakdown of each party's contribution to the work

3. Schedule 3: Revenue Distribution: Detailed methodology for calculating and distributing revenue

4. Schedule 4: Existing Rights: List of any pre-existing rights or materials incorporated into the work

5. Appendix A: Exploitation Plan: Optional detailed plan for commercial exploitation of the work

6. Appendix B: Usage Guidelines: Specific guidelines for how the work may be used or modified

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Media and Entertainment

Publishing

Software Development

Music Industry

Visual Arts

Film and Television

Gaming Industry

Education

Research and Development

Advertising and Marketing

Digital Content Creation

Technology

Relevant Teams

Legal

Intellectual Property

Creative Services

Content Creation

Software Development

Business Development

Rights Management

Research and Development

Digital Innovation

Publishing

Contracts Administration

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Copyright Attorney

Content Creator

Creative Director

Software Developer

Artist

Author

Business Development Manager

Rights Manager

Contract Manager

Publishing Manager

Research Director

Innovation Manager

Digital Content Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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