A Copyright Assignment Agreement is essential when there is a need to transfer ownership of copyrighted works in Austria. This document is commonly used in business acquisitions, publishing deals, software development projects, and creative industry transactions where complete transfer of copyright ownership is desired. The agreement must be carefully structured to comply with Austrian law, particularly the Urheberrechtsgesetz, which provides strong protection for authors' moral rights. Unlike some other jurisdictions, Austrian law maintains certain inalienable moral rights for creators, making it crucial to properly address these aspects in the assignment agreement. The document typically includes detailed descriptions of the works being assigned, consideration details, warranties about ownership and non-infringement, and specific provisions about the scope of rights being transferred.
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1. Parties: Identification of the Assignor (copyright owner) and Assignee, including full legal names and addresses
2. Background: Context of the assignment, relationship between parties, and purpose of the agreement
3. Definitions: Definitions of key terms used throughout the agreement, including 'Work', 'Intellectual Property Rights', and 'Moral Rights'
4. Assignment of Rights: Express assignment of copyright and related rights, specifying the scope and completeness of the transfer
5. Moral Rights Acknowledgment: Specific provisions addressing moral rights under Austrian law, which cannot be fully assigned but can be waived to the extent permitted by law
6. Consideration: Details of payment or other consideration for the assignment
7. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, and non-infringement
8. Further Assurance: Obligation to execute additional documents and perform actions necessary to perfect the assignment
9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and jurisdiction for disputes
10. Entire Agreement: Confirmation that the agreement represents the entire understanding between parties
1. Revenue Sharing: Include when the assignment involves ongoing revenue sharing arrangements
2. Territory Restrictions: Include when the assignment is limited to specific geographical areas
3. Duration: Include when the assignment is time-limited rather than perpetual
4. Third Party Rights: Include when there are known third-party rights or licenses that need to be addressed
5. Reversion Rights: Include when there are conditions under which rights may revert to the Assignor
6. Confidentiality: Include when confidential information will be shared as part of the assignment process
7. Assignment and Sublicensing: Include when there are specific restrictions on the Assignee's ability to further assign or license the rights
1. Schedule 1 - Description of Works: Detailed description of all copyrighted works being assigned, including creation dates and registration numbers if applicable
2. Schedule 2 - Payment Terms: Detailed breakdown of payment arrangements, including any installments or royalties
3. Schedule 3 - Existing Licenses: List of any existing licenses or permissions granted to third parties
4. Appendix A - Copyright Registrations: Copies of copyright registration certificates or other formal documentation
5. Appendix B - Prior Agreements: Copies of any relevant prior agreements affecting the assigned works
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Publishing
Software & Technology
Education
Advertising
Digital Arts
Music Industry
Gaming
Photography
Film & Television
Literary Arts
Research & Development
Relevant Teams
Legal
Intellectual Property
Business Affairs
Rights Management
Content Acquisition
Corporate Development
Publishing
Research & Development
Creative Services
Compliance
Relevant Roles
Legal Counsel
Intellectual Property Lawyer
Copyright Attorney
Contract Manager
Business Affairs Manager
Rights Management Officer
Content Acquisition Manager
Literary Agent
Publishing Rights Manager
IP Portfolio Manager
Creative Director
Chief Legal Officer
Content Licensing Manager
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