A Copyright Assignment agreement is essential when there is a need to transfer full ownership of copyright from one party to another under Irish law. This document type is commonly used in various scenarios, such as when a company acquires intellectual property assets, when commissioned works are completed, or in business acquisitions where copyright assets are being transferred. The agreement must comply with the Irish Copyright and Related Rights Act 2000 and relevant EU regulations, ensuring a valid and enforceable transfer of rights. It includes crucial details about the works being assigned, consideration for the transfer, warranties of ownership and non-infringement, and provisions for moral rights. The document is particularly important in commercial transactions where clean title to copyright works is essential for business operations or future exploitation.
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1. Parties: Identifies and defines the Assignor (copyright owner) and Assignee (recipient of copyright)
2. Background: Explains the context of the assignment and confirms the Assignor's ownership of the copyright works
3. Definitions: Defines key terms used throughout the agreement, including 'Works', 'Intellectual Property Rights', and 'Effective Date'
4. Assignment: Core provision transferring all copyright and related rights from Assignor to Assignee
5. Consideration: Specifies the payment or other consideration for the assignment
6. Moral Rights: Addresses the waiver or assertion of moral rights in relation to the assigned works
7. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, and non-infringement
8. Further Assurance: Obligation to execute additional documents and take necessary steps to perfect the assignment
9. Indemnification: Assignor's agreement to indemnify Assignee against third-party claims
10. Governing Law and Jurisdiction: Specifies Irish law as governing law and Irish courts' jurisdiction
1. Royalties: Include when the assignment involves ongoing payments based on exploitation of the works
2. Territorial Restrictions: Include when the assignment is limited to specific geographic territories
3. Registration: Include when the works are registered or require registration with copyright offices
4. Confidentiality: Include when sensitive information is exchanged during the assignment process
5. Third Party Rights: Include when addressing known licenses or permissions granted to third parties
6. Reversion Rights: Include when the assignment includes conditions for rights to revert to the Assignor
1. Schedule 1 - The Works: Detailed description of all copyright works being assigned
2. Schedule 2 - Existing Licenses: List of any existing licenses or permissions granted to third parties
3. Schedule 3 - Registered Rights: Details of any registered copyrights including registration numbers
4. Schedule 4 - Payment Terms: Detailed payment schedule and calculation of any royalties or ongoing payments
5. Appendix A - Form of Registration: Template documents for recording the assignment with relevant authorities
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