A Copyright Waiver Agreement serves as a formal mechanism for copyright owners to voluntarily surrender their rights in protected works under English and Welsh law. This document is particularly useful in situations where traditional licensing or assignment may not be appropriate, or where the copyright owner wishes to make their work more freely available. The agreement should clearly identify the work in question, specify which rights are being waived, and address any territorial or temporal limitations. It must comply with the Copyright, Designs and Patents Act 1988 and consider any moral rights implications.
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1. Parties: Identification of the copyright owner and the party receiving the waiver
2. Background: Context of the agreement and description of the copyrighted work
3. Definitions: Key terms used throughout the agreement including 'Work', 'Copyright', 'Waiver'
4. Scope of Waiver: Specific rights being waived and extent of the waiver
5. Duration: Time period for which the waiver applies
6. Governing Law: Specification of English and Welsh law as governing law
1. Moral Rights: Section addressing specific waiver of moral rights, including right of attribution and integrity
2. Territory: Section defining the geographical scope where the waiver applies
3. Consideration: Section detailing any payment or consideration for the waiver
4. Warranties: Warranties regarding ownership and right to waive copyright
1. Schedule 1: Description of Works: Detailed description of copyrighted works covered by the waiver
2. Schedule 2: Excluded Rights: List of any rights specifically excluded from the waiver
3. Schedule 3: Territory Details: Detailed breakdown of territorial scope if applicable
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