Transfer Of Copyright Ownership Form

Transfer Of Copyright Ownership Form Template for Denmark

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Document background

The Transfer of Copyright Ownership Form is a critical legal instrument used in Denmark when transferring ownership rights of copyrighted works from one party to another. This document is essential when complete transfer of economic rights in intellectual property is desired, such as in corporate acquisitions, publishing deals, or when commissioning creative works. It must comply with the Danish Copyright Act (Ophavsretsloven) and relevant EU directives, particularly regarding the distinction between transferable economic rights and non-transferable moral rights. The form is commonly used in business transactions involving intellectual property, creative works, software, literary works, artistic creations, and other copyrightable content. It includes crucial elements such as detailed identification of the work(s), specific rights being transferred, consideration details, and warranties, while ensuring compliance with Danish legal requirements for copyright transfers.

Suggested Sections

1. Parties: Identification of the Transferor (current copyright owner) and Transferee (recipient of copyright), including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the transfer, including the nature of the copyrighted work and the parties' relationship

3. Definitions: Key terms used in the agreement, including 'Work', 'Copyright', 'Economic Rights', 'Moral Rights', and any technical or industry-specific terms

4. Subject Matter: Detailed description of the copyrighted work(s) being transferred, including creation date, registration details if any, and unique identifying characteristics

5. Scope of Transfer: Specific enumeration of the rights being transferred, including all economic rights under Danish copyright law

6. Moral Rights Acknowledgment: Statement acknowledging the retention of moral rights by the author as per Danish law

7. Consideration: Details of payment or other consideration for the transfer

8. Warranties and Representations: Transferor's warranties regarding ownership, right to transfer, and non-infringement

9. Effective Date and Territory: When the transfer takes effect and the geographical scope of the transfer

10. Governing Law: Confirmation of Danish law as the governing law

11. Signatures: Execution block for both parties, including date and place of signing

Optional Sections

1. Future Rights: Optional section addressing any future rights or derivative works, recommended when the work may evolve or generate new versions

2. Royalty Provisions: Required if the transfer includes ongoing royalty payments rather than a one-time payment

3. Reversion Rights: Optional provisions specifying conditions under which rights might revert to the original owner

4. Sub-licensing Rights: Optional section granting or restricting the Transferee's right to sub-license the work

5. Dispute Resolution: Optional detailed dispute resolution procedures, recommended for high-value transfers

6. Confidentiality: Optional provisions regarding confidentiality of the transfer terms

7. Registration: Optional provisions regarding the registration of the transfer with copyright authorities or other relevant bodies

Suggested Schedules

1. Schedule A - Work Description: Detailed technical description of the copyrighted work(s), including any registration numbers, dates of creation, and specific identifying features

2. Schedule B - Payment Terms: Detailed breakdown of payment structure, especially important if involving installments or royalties

3. Schedule C - Existing Licenses: List of any existing licenses or permissions that will remain in effect after the transfer

4. Appendix 1 - Copyright Registration Documents: Copies of original copyright registration documents if applicable

5. Appendix 2 - Prior Agreements: Copies of any relevant prior agreements affecting the copyrighted work

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