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Derivative Work License Agreement for Indonesia

Derivative Work License Agreement Template for Indonesia

This agreement governs the creation and exploitation of derivative works under Indonesian law, particularly Law No. 28 of 2014 on Copyright. It establishes the legal framework for transforming original works into new creative outputs while protecting the rights of both the original creator and the derivative work creator. The document covers essential aspects such as licensing terms, royalty structures, quality control measures, and compliance with Indonesian intellectual property regulations, ensuring clear delineation of rights and responsibilities in the creation and commercialization of derivative works.

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Derivative Work License Agreement

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What is a Derivative Work License Agreement?

The Derivative Work License Agreement is essential in Indonesia's creative and commercial landscape where original works are frequently adapted, transformed, or modified to create new content. This document is particularly crucial when parties need to establish clear terms for creating derivative works while ensuring compliance with Indonesian Copyright Law (Law No. 28 of 2014). It's commonly used in situations involving content adaptation, translation, software modification, or artistic reinterpretation of existing works. The agreement details rights granted, quality standards, royalty arrangements, and approval processes, while addressing both moral and economic rights as recognized under Indonesian law. It's particularly relevant in today's digital age where content transformation and adaptation across multiple platforms has become increasingly common.

What sections should be included in a Derivative Work License Agreement?

1. Parties: Identification of the licensor (original work owner) and licensee (derivative work creator), including their legal status and addresses

2. Background: Context of the agreement, description of the original work, and the parties' intentions regarding derivative works

3. Definitions: Key terms including 'Original Work', 'Derivative Work', 'Intellectual Property Rights', 'License Fee', and other relevant definitions

4. Grant of License: Scope of rights granted to create and exploit derivative works, including any territorial or temporal limitations

5. Original Work Protection: Provisions maintaining the licensor's rights in the original work and requirements for attribution

6. Derivative Work Rights: Ownership and rights related to the derivative works created under the agreement

7. License Fees and Royalties: Payment terms, calculation methods, and reporting requirements for license fees and ongoing royalties

8. Quality Control: Standards and approval processes for derivative works to maintain quality and protect the original work's reputation

9. Moral Rights: Recognition and protection of moral rights under Indonesian law for both original and derivative works

10. Term and Termination: Duration of the agreement, renewal provisions, and grounds for termination

11. Post-Termination Rights: Rights and obligations of parties after agreement termination, including treatment of existing derivative works

12. Representations and Warranties: Parties' assertions regarding work ownership, rights to contract, and non-infringement

13. Indemnification: Mutual protection against third-party claims and breaches of warranties

14. Governing Law and Dispute Resolution: Application of Indonesian law and methods for resolving disputes

What sections are optional to include in a Derivative Work License Agreement?

1. Sublicensing Rights: Include when licensee needs right to authorize third parties to use or distribute derivative works

2. Digital Rights Management: Include for digital works requiring technical protection measures

3. International Distribution: Include when derivative works will be distributed outside Indonesia

4. Merchandising Rights: Include when derivative works may be used for merchandise or promotional products

5. Confidentiality: Include when parties need to exchange confidential information or trade secrets

6. Social Media and Marketing: Include when derivative works will be promoted on social media platforms

7. Force Majeure: Include to address unforeseen circumstances preventing performance

What schedules should be included in a Derivative Work License Agreement?

1. Schedule A - Original Work Description: Detailed description and specifications of the original work

2. Schedule B - Approved Derivative Works: List and descriptions of authorized derivative works

3. Schedule C - Quality Standards: Specific quality requirements and approval processes for derivative works

4. Schedule D - License Fee Structure: Detailed breakdown of fees, royalty rates, and payment terms

5. Schedule E - Approval Procedures: Step-by-step process for obtaining approval for new derivative works

6. Appendix 1 - Brand Guidelines: Guidelines for using the original work's branding elements in derivative works

7. Appendix 2 - Technical Specifications: Technical requirements for creating and distributing derivative works

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions












































Clauses






























Relevant Industries

Media & Entertainment

Publishing

Software Development

Gaming

Digital Content

Advertising

Music Industry

Film & Television

Education

Translation Services

Art & Design

Technology

Relevant Teams

Legal

Intellectual Property

Content Development

Creative Services

Business Development

Rights Management

Digital Production

Publishing

Software Development

Localization

Brand Management

Content Strategy

Media Production

Relevant Roles

Legal Counsel

Content Licensing Manager

Intellectual Property Director

Creative Director

Business Development Manager

Rights Acquisition Manager

Content Adaptation Specialist

Publishing Manager

Digital Rights Manager

Copyright Administrator

Media Production Director

Software Development Manager

Localization Manager

Brand Manager

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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