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Copyright Transfer Contract for the United States

Copyright Transfer Contract Template for United States

A Copyright Transfer Contract is a legal document governed by U.S. federal copyright law that facilitates the transfer of copyright ownership from one party to another. This agreement formally documents the complete or partial transfer of copyright rights, including reproduction, distribution, performance, and derivative work rights. The document must comply with the U.S. Copyright Act requirements, including the written instrument requirement under 17 U.S.C. ยง 204(a), and may include provisions for territorial restrictions, moral rights, and termination rights.

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What is a Copyright Transfer Contract?

The Copyright Transfer Contract is essential when transferring ownership of copyrighted works in the United States. This document is commonly used in situations where creators wish to sell or assign their rights to publishers, production companies, or other entities. The contract must comply with U.S. federal copyright law and typically includes detailed descriptions of the work(s), the scope of rights being transferred, warranties of ownership, and consideration terms. It's particularly important in commercial transactions involving intellectual property and must be in writing to be legally valid.

What sections should be included in a Copyright Transfer Contract?

1. Parties: Identification of the copyright owner (transferor) and recipient (transferee)

2. Background: Context of the transfer and description of the copyrighted work(s)

3. Definitions: Key terms used in the agreement including 'Work', 'Rights', 'Territory'

4. Grant of Rights: Specific rights being transferred and scope of transfer

5. Warranties and Representations: Confirmations regarding ownership and right to transfer

6. Consideration: Payment or other value exchanged for the transfer

What sections are optional to include in a Copyright Transfer Contract?

1. Moral Rights: Waiver or reservation of moral rights, particularly relevant for visual arts

2. Territory Restrictions: Geographic limitations on the transfer

3. Derivative Works: Rights regarding creation of derivative works

What schedules should be included in a Copyright Transfer Contract?

1. Schedule A - Work Description: Detailed description of the copyrighted work(s) being transferred

2. Schedule B - Payment Terms: Detailed payment schedule and terms if applicable

3. Schedule C - Reserved Rights: List of any rights reserved by the transferor

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Copyright Agreement

Sector

IP

Cost

Free to use

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