The Copyright Transfer Agreement is essential for businesses and individuals operating in Malaysia who need to formally transfer ownership of copyrighted works. This document is particularly crucial in situations involving the sale of intellectual property, publication of works, or corporate acquisitions where copyright assets are involved. The agreement must comply with the Malaysian Copyright Act 1987 and related legislation, ensuring all transfers are legally valid and enforceable. It should be used whenever there is a need to transfer copyright ownership, whether it's for creative works, software, literary works, or other copyrightable material. The document typically includes detailed specifications of the works being transferred, consideration involved, warranties of ownership, and any retained rights or ongoing obligations. It's particularly important in commercial transactions where clear documentation of intellectual property ownership is required.
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1. Parties: Identification and details of the transferor (copyright owner) and transferee
2. Background: Context of the agreement and brief description of the copyrighted work(s)
3. Definitions: Definitions of key terms used throughout the agreement
4. Grant of Rights: Explicit transfer of copyright ownership and all associated rights
5. Scope of Transfer: Detailed specification of the rights being transferred, including territorial scope and duration
6. Consideration: Details of payment or other consideration for the copyright transfer
7. Warranties and Representations: Transferor's warranties regarding ownership, originality, and right to transfer
8. Delivery and Documentation: Requirements for delivering the works and associated documentation
9. Further Assurances: Commitment to execute additional documents or take actions necessary to effect the transfer
10. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
11. Entire Agreement: Statement that the agreement represents the complete understanding between parties
1. Royalty Provisions: Include when the transferor retains rights to royalties or ongoing payments
2. Moral Rights: Include when addressing the author's moral rights, especially for creative works
3. Reserved Rights: Include when certain rights are being retained by the transferor
4. Confidentiality: Include when there are confidential aspects of the work or transfer
5. Registration and Recordal: Include when specific requirements for copyright registration or recordal exist
6. Reversion Rights: Include when providing conditions under which rights may revert to the transferor
7. Usage Rights: Include when specifying particular usage rights retained by the transferor
8. Tax Provisions: Include when there are specific tax implications requiring detailed treatment
1. Schedule 1 - Description of Works: Detailed description of the copyrighted works being transferred
2. Schedule 2 - Payment Terms: Detailed payment schedule and terms if applicable
3. Schedule 3 - Existing Licenses: List of any existing licenses or encumbrances on the copyright
4. Appendix A - Copyright Registration Details: Details of existing copyright registrations
5. Appendix B - Related Materials: List of associated materials included in the transfer
Relevant legal definitions
Clauses
Relevant Industries
Publishing
Media and Entertainment
Technology
Software Development
Education
Research and Development
Creative Arts
Music Industry
Film and Television
Digital Content
Gaming
Advertising
Relevant Teams
Legal
Intellectual Property
Content Creation
Research and Development
Publishing
Creative Services
Business Development
Contract Administration
Copyright Administration
Media Rights
Product Development
Academic Affairs
Relevant Roles
Legal Counsel
Intellectual Property Lawyer
Content Creator
Author
Artist
Software Developer
Research Director
Publishing Manager
Creative Director
Business Development Manager
Contract Manager
Copyright Administrator
IP Portfolio Manager
Media Rights Manager
Academic Researcher
Chief Technology Officer
Chief Creative Officer
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