An Assignment and Transfer of Copyright is essential when permanently transferring ownership of copyright from one party to another. This document is commonly used in business acquisitions, creative collaborations, or when monetizing intellectual property. Under English and Welsh law, it must include specific details about the works being transferred, the scope of rights being assigned, and any limitations or restrictions. The agreement ensures compliance with the Copyright, Designs and Patents Act 1988 and provides legal certainty for both parties involved in the transfer.
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1. Parties: Identification of the assignor and assignee
2. Background: Context of the assignment and description of the works being assigned
3. Definitions: Key terms used in the agreement including 'Work', 'Rights', 'Territory'
4. Assignment: Core clause transferring ownership of copyright
5. Warranties: Assignor's confirmations regarding ownership and right to assign
6. Consideration: Payment or other consideration for the assignment
1. Moral Rights Waiver: Used when assignee requires waiver of moral rights - typically in commercial assignments where complete control is required
2. Territory Restrictions: Specifies geographical limitations of the assignment - used when assignment is limited to specific countries/regions
3. Future Works: Provisions for assignment of future works - used in employment or ongoing creative relationships
1. Schedule 1: The Works: Detailed description of works being assigned
2. Schedule 2: Territory: Detailed description of territorial scope (if applicable)
3. Schedule 3: Excluded Rights: List of any rights specifically excluded from the assignment
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