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Photography Copyright Transfer Agreement Template for Switzerland

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Key Requirements PROMPT example:

Photography Copyright Transfer Agreement

"I need a Photography Copyright Transfer Agreement for transferring rights to a collection of 200 product photographs from my studio to a Swiss luxury watch manufacturer, with the transfer to be completed by March 2025 and including provisions for global usage rights and digital distribution."

Document background
The Photography Copyright Transfer Agreement is essential when there is a need to legally transfer ownership rights of photographic works from a photographer to another party under Swiss law. This document is commonly used in commercial transactions, publishing agreements, and corporate acquisitions of creative works. It must carefully balance the transfer of economic rights with the protection of moral rights, which cannot be fully transferred under Swiss law. The agreement should be used whenever a complete or partial transfer of photographic copyright is intended, rather than a mere license. It includes crucial details about the scope of transfer, usage rights, compensation, and warranties, while ensuring compliance with the Swiss Federal Act on Copyright and Related Rights (URG) and related legislation. This agreement is particularly important for businesses acquiring photographic works for commercial use, publishers requiring full control over images, and organizations needing to secure comprehensive rights to photographic content.
Suggested Sections

1. Parties: Identification of the photographer (Transferor) and the recipient (Transferee) with full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the transfer

3. Definitions: Key terms including 'Photographic Works', 'Copyright', 'Moral Rights', and other relevant definitions under Swiss law

4. Subject Matter of Transfer: Clear identification of the photographs and associated rights being transferred

5. Scope of Rights Transfer: Detailed specification of the copyright rights being transferred, including reproduction, distribution, and modification rights

6. Moral Rights: Statement regarding moral rights under Swiss law, which cannot be fully transferred

7. Warranties and Representations: Photographer's warranties regarding ownership, originality, and right to transfer

8. Consideration: Payment terms and other consideration for the transfer

9. Effective Date and Transfer: When and how the transfer becomes effective

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

Optional Sections

1. Usage Rights: Specific terms about how the photographs may be used, particularly relevant for partial transfers

2. Attribution Requirements: Requirements for crediting the photographer, if retained

3. Future Works: Provisions for including future photographs under the agreement

4. Revenue Sharing: Terms for sharing future revenue from the photographs, if applicable

5. Reversion Rights: Conditions under which rights might revert to the photographer

6. Confidentiality: Terms regarding confidentiality of the agreement and photographs

7. Model Releases: Provisions regarding model releases if photographs contain identifiable individuals

8. Digital Rights Management: Specifications for digital protection measures

9. Territory: Geographic limitations on the transfer, if any

Suggested Schedules

1. Schedule A - List of Photographic Works: Detailed inventory of all photographs being transferred, including file names, dates, and descriptions

2. Schedule B - Payment Terms: Detailed payment schedule, including any royalties or staged payments

3. Schedule C - Technical Specifications: Technical details of the photographs, including format, resolution, and delivery specifications

4. Schedule D - Model Releases: Copies of all relevant model releases and permissions

5. Schedule E - Usage Guidelines: Specific guidelines for how the photographs may be used, modified, or distributed

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses






























Relevant Industries

Media & Entertainment

Advertising

Publishing

Fine Arts

Digital Marketing

E-commerce

Fashion

Real Estate

Tourism

Education

Corporate Communications

Retail

Relevant Teams

Legal

Creative Services

Marketing

Communications

Digital Content

Brand Management

Editorial

Intellectual Property

Publications

Art Direction

Relevant Roles

Photographer

Legal Counsel

Copyright Attorney

Creative Director

Art Director

Content Manager

Publishing Manager

Digital Rights Manager

Brand Manager

Marketing Director

Communications Manager

Intellectual Property Specialist

Media Buyer

Editorial Director

Gallery Curator

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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