The Transfer of Copyright Ownership Form is a crucial legal instrument used in Indonesia when permanently transferring copyright ownership from one party to another. This document is essential for transactions involving intellectual property rights and must comply with Law No. 28 of 2014 on Copyright, which governs copyright matters in Indonesia. It's commonly used in situations where creators or companies want to sell their intellectual property rights, during company acquisitions involving intellectual property assets, or in publishing and media rights transfers. The form must address both economic rights (which can be transferred) and moral rights (which remain with the original creator under Indonesian law). The document includes comprehensive details about the copyrighted work, parties involved, consideration, and terms of transfer, ensuring legal certainty and proper documentation of the ownership change.
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1. Parties: Identification of the copyright owner (transferor) and the recipient (transferee) with complete legal names, addresses, and any relevant registration numbers
2. Background: Brief context about the copyright work and the intention to transfer ownership
3. Definitions: Definition of key terms used in the agreement including 'Work', 'Copyright', 'Economic Rights', and 'Moral Rights'
4. Copyright Work Description: Detailed description of the copyrighted work being transferred, including registration details if applicable
5. Transfer Declaration: Clear statement of transfer of copyright ownership and specification of rights being transferred
6. Consideration: Details of the payment or other consideration for the transfer
7. Warranties and Representations: Transferor's warranties regarding ownership, right to transfer, and non-infringement
8. Effective Date: Specification of when the transfer becomes effective
9. Governing Law: Specification that Indonesian law governs the transfer
10. Execution: Signature blocks and execution requirements
1. Moral Rights Acknowledgment: Section specifically addressing the treatment of moral rights, which cannot be transferred under Indonesian law but can be waived
2. Registration Obligations: Section detailing responsibilities for recording the transfer with relevant authorities
3. Tax Provisions: Section addressing tax implications and responsibilities if the transfer involves significant monetary consideration
4. Dispute Resolution: Optional provisions for handling disputes through mediation or arbitration
5. Confidentiality: Provisions regarding confidentiality of the transfer terms if required
1. Schedule A - Copyright Work Details: Detailed description of the copyrighted work including any registration numbers, creation dates, and specific components covered
2. Schedule B - Payment Terms: Detailed breakdown of payment terms and schedule if the consideration is complex or involves installments
3. Appendix 1 - Copyright Registration Certificate: Copy of the copyright registration certificate if the work is registered
4. Appendix 2 - Chain of Title Documentation: Documentation proving the transferor's ownership of the copyright if applicable
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