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Copyright Licence Agreement for Malaysia

Copyright Licence Agreement Template for Malaysia

This is a comprehensive legal agreement governed by Malaysian law, specifically the Copyright Act 1987, that establishes the terms and conditions under which a copyright owner (licensor) grants permission to another party (licensee) to use their copyrighted works. The agreement covers essential elements including licence scope, usage rights, territorial restrictions, royalty payments, quality control measures, and term duration. It incorporates Malaysian legal requirements while adhering to international copyright conventions, making it suitable for both domestic and international licensing arrangements within Malaysia's jurisdiction.

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What is a Copyright Licence Agreement?

The Copyright Licence Agreement is a crucial legal instrument used when a copyright owner wishes to grant permissions for their intellectual property while retaining ownership. This document is essential in Malaysia's growing creative and digital economy, where content licensing is becoming increasingly important. The agreement must comply with the Malaysian Copyright Act 1987 and related legislation, while also considering international copyright conventions where applicable. It typically includes detailed provisions about permitted uses, territorial scope, quality control, royalty arrangements, and term duration. This type of agreement is particularly relevant for businesses engaging in content distribution, software licensing, publishing, and media production within Malaysia's jurisdiction. The Copyright Licence Agreement serves to protect both the licensor's intellectual property rights and the licensee's commercial interests while providing a clear framework for the exploitation of copyrighted works.

What sections should be included in a Copyright Licence Agreement?

1. Parties: Identification of the licensor and licensee with full legal names and addresses

2. Background: Context of the agreement, ownership confirmation of the copyrighted works, and purpose of the licence

3. Definitions: Definitions of key terms used throughout the agreement including 'Licensed Works', 'Territory', 'Term', and 'Intellectual Property Rights'

4. Grant of Licence: Specific rights being granted, including scope, exclusivity/non-exclusivity, and permitted uses

5. Term and Termination: Duration of the licence and circumstances under which it can be terminated

6. Licence Fees and Payment Terms: Financial terms including royalties, payment schedule, and accounting requirements

7. Licensee Obligations: Core obligations of the licensee regarding use of the licensed works

8. Quality Control: Standards and requirements for use of the licensed works

9. Intellectual Property Protection: Provisions for protecting the licensed IP and handling infringement

10. Warranties and Indemnities: Standard warranties regarding ownership and right to license, and related indemnities

11. Confidentiality: Obligations regarding confidential information exchanged under the agreement

12. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Copyright Licence Agreement?

1. Sublicensing Rights: Include when licensee is permitted to sublicense the copyrighted works to third parties

2. Territory Restrictions: Include when the licence is limited to specific geographical areas

3. Moral Rights: Include specific provisions when dealing with works where moral rights are particularly relevant (e.g., artistic works)

4. Marketing and Promotion: Include when specific marketing requirements or restrictions apply

5. Source Attribution: Include when specific attribution requirements are needed

6. Minimum Performance Requirements: Include when the licence is contingent on achieving certain performance metrics

7. Format and Technical Requirements: Include when specific technical standards or formats must be maintained

What schedules should be included in a Copyright Licence Agreement?

1. Schedule 1 - Licensed Works: Detailed description of the copyrighted works being licensed

2. Schedule 2 - Commercial Terms: Detailed breakdown of financial terms, royalty calculations, and payment schedules

3. Schedule 3 - Quality Control Guidelines: Specific quality standards and approval processes

4. Schedule 4 - Territory Definition: Detailed description of geographical territories if territory-specific

5. Schedule 5 - Approved Uses: Specific examples and guidelines for permitted uses of the licensed works

6. Appendix A - Style Guide: If applicable, guidelines for maintaining consistency in use of the works

7. Appendix B - Technical Specifications: If applicable, technical requirements for digital works or specific formats

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

Malaysia

Publisher

Ƶ

Document Type

License Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions




















Clauses




























Relevant Industries

Media and Entertainment

Publishing

Technology

Education

Software Development

Digital Content

Gaming

Music Industry

Advertising

E-commerce

Fashion and Design

Arts and Culture

Relevant Teams

Legal

Intellectual Property

Business Development

Content Management

Creative Services

Publishing

Digital Rights Management

Contracts Administration

Licensing Operations

Corporate Affairs

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Copyright Manager

Licensing Manager

Business Development Manager

Content Manager

Creative Director

Publishing Manager

Digital Rights Manager

Contract Administrator

IP Portfolio Manager

Media Rights 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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