This document serves as a comprehensive Exclusive Copyright License Agreement for use in Indonesia, structured in accordance with Law No. 28 of 2014 on Copyright and related regulations. It is essential when a copyright owner wishes to grant exclusive rights to another party while maintaining ownership of the copyright. The agreement is particularly relevant for commercial transactions involving intellectual property, creative works, or content licensing where exclusive territorial or usage rights are being granted. It includes provisions for economic rights transfer, moral rights acknowledgment, quality control, and royalty payments, while ensuring compliance with Indonesian legal requirements. This document type is commonly used in media, entertainment, publishing, and technology sectors where exclusive licensing arrangements are crucial for business operations.
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1. Parties: Identification of the Licensor (copyright owner) and Licensee, including their legal status and addresses
2. Background: Context of the agreement, confirmation of copyright ownership, and general purpose of the license
3. Definitions: Definitions of key terms including 'Copyright Work', 'Territory', 'Term', 'Economic Rights', and 'Moral Rights'
4. Grant of License: Explicit grant of exclusive license, scope of rights, and confirmation of exclusivity
5. Territory and Term: Geographic scope of the license and duration of the agreement
6. License Fee and Payment Terms: Financial terms, including initial payments, royalties, and payment schedules
7. Moral Rights: Acknowledgment of moral rights retention by author and agreed handling of attribution
8. Licensee Obligations: Key responsibilities of the Licensee including quality control and exploitation requirements
9. Licensor Warranties and Representations: Warranties regarding ownership, right to license, and non-infringement
10. Reporting and Audit Rights: Requirements for financial reporting and right to audit license fee calculations
11. Termination: Grounds for termination, termination process, and consequences of termination
12. Post-Termination Obligations: Obligations of parties after termination including return of materials
13. Governing Law and Dispute Resolution: Confirmation of Indonesian law governance and dispute resolution mechanisms
1. Sub-licensing Rights: Include when Licensee is permitted to grant sub-licenses of the copyright work
2. Quality Control: Include for licenses where the copyright work's reproduction quality is crucial
3. Minimum Performance Requirements: Include when setting minimum exploitation or revenue requirements
4. Technical Specifications: Include when specific technical requirements exist for work reproduction
5. Marketing and Promotion: Include when specific marketing obligations are required of the Licensee
6. Source Material Handling: Include when dealing with sensitive or valuable original materials
7. Digital Rights Management: Include when the work will be distributed digitally
8. Government Approval: Include when specific government approvals are required for the license
1. Schedule 1 - Copyright Work Description: Detailed description of the copyright work including any registration details
2. Schedule 2 - License Fee Structure: Detailed breakdown of payment terms, royalty calculations, and payment schedules
3. Schedule 3 - Technical Requirements: Specific technical requirements for reproduction or use of the work
4. Schedule 4 - Territory Definition: Detailed description of geographic territories covered by the license
5. Appendix A - Copyright Registration Certificates: Copies of relevant copyright registration certificates
6. Appendix B - Approved Form of Attribution: Specified format for copyright and attribution notices
Relevant legal definitions
Clauses
Relevant Industries
Media and Entertainment
Publishing
Software and Technology
Music Industry
Film and Television
Gaming Industry
Fashion and Design
Advertising and Marketing
Education and E-learning
Art and Photography
Digital Content Creation
Relevant Teams
Legal
Intellectual Property
Commercial
Business Development
Content Management
Rights Management
Publishing
Creative Operations
Digital Strategy
Contract Administration
Relevant Roles
Legal Counsel
Intellectual Property Manager
Copyright Administrator
Licensing Manager
Business Development Director
Content Acquisition Manager
Creative Director
Chief Legal Officer
Commercial Director
Rights Management Officer
Contract Administrator
Publishing Manager
Digital Rights Manager
Content Strategy Director
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