The Copyright Assignment Agreement is essential for businesses and individuals seeking to transfer complete ownership of copyrighted works in Switzerland. This document is commonly used in scenarios such as company acquisitions of intellectual property, freelancer agreements, or corporate restructuring where copyright ownership needs to be transferred. The agreement must comply with Swiss Federal Copyright Act (URG) and related legislation, making it particularly important to address specific Swiss legal requirements regarding moral rights and transfer provisions. It typically includes detailed descriptions of the works being assigned, warranties of ownership, consideration terms, and provisions for future modifications or derivatives. The document is crucial for establishing clear ownership rights and preventing future disputes over intellectual property ownership.
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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 transfer
3. Definitions: Key terms used in the agreement, including 'Work', 'Intellectual Property Rights', 'Effective Date', etc.
4. Assignment of Rights: Core provision transferring all copyright and related rights from Assignor to Assignee
5. Scope of Assignment: Detailed description of the rights being transferred, including moral rights where applicable under Swiss law
6. Consideration: Payment or other consideration for the assignment
7. Assignor's Warranties: Warranties regarding ownership, right to assign, non-infringement, and originality of the work
8. Cooperation: Assignor's obligation to assist with registration and enforcement of rights
9. Effective Date: When the assignment takes effect
10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Moral Rights: Specific provisions regarding moral rights where they cannot be fully assigned under Swiss law
2. Future Works: Provisions for assignment of future works or modifications, if applicable
3. Registration: Provisions regarding the registration of the assignment with copyright offices or registries
4. Confidentiality: Confidentiality obligations regarding the work and transaction, if needed
5. Tax Provisions: Specific tax-related provisions for significant assignments or international transfers
6. Survival: Provisions that continue after the assignment, such as warranties and indemnities
7. Third Party Rights: Provisions dealing with any third-party rights or licenses that may affect the work
1. Schedule 1 - Description of Works: Detailed description of the copyrighted works being assigned, including all relevant versions and formats
2. Schedule 2 - Existing Licenses: List of any existing licenses or permissions granted to third parties
3. Schedule 3 - Payment Terms: Detailed payment schedule and terms if the consideration is complex or involves multiple payments
4. Appendix A - Copyright Registrations: List of any existing copyright registrations or applications
5. Appendix B - Prior Rights: Documentation of chain of title or prior rights relevant to the assigned works
Relevant legal definitions
Clauses
Relevant Industries
Technology
Media & Entertainment
Publishing
Software Development
Creative Arts
Digital Content
Gaming
Advertising
Professional Services
Education
Relevant Teams
Legal
Intellectual Property
Content Creation
Product Development
Publishing
Rights Management
Creative Services
Business Development
Software Development
Corporate Affairs
Relevant Roles
Intellectual Property Lawyer
Legal Counsel
Copyright Manager
Content Director
Creative Director
Software Development Manager
Publishing Rights Manager
IP Portfolio Manager
Contracts Manager
Business Development Director
Chief Legal Officer
Digital Rights Manager
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