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Copyright Assignment Agreement for Philippines

Copyright Assignment Agreement Template for Philippines

A Copyright Assignment Agreement under Philippine law is a legally binding document that facilitates the complete transfer of copyright ownership from one party (the Assignor) to another (the Assignee). This agreement is governed by the Intellectual Property Code of the Philippines (Republic Act No. 8293) and must comply with local contract law requirements. The document details the permanent transfer of all copyright interests, including economic and exploitation rights, while addressing moral rights as permitted under Philippine law. It includes specific provisions for consideration, warranties, and representations required for effective copyright transfer in the Philippine jurisdiction.

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What is a Copyright Assignment Agreement?

The Copyright Assignment Agreement is a crucial legal instrument used in the Philippines when one party wishes to completely transfer their copyright ownership to another. This document, governed by the Intellectual Property Code (Republic Act No. 8293) and Civil Code of the Philippines, is essential in various commercial and creative contexts, such as when companies acquire creative works, during business acquisitions, or in employment situations where intellectual property rights need to be formally transferred. The agreement must address specific requirements under Philippine law, including clear identification of the works being assigned, explicit transfer language, and consideration details. It's particularly important to note that while economic rights can be fully transferred, moral rights treatment must align with Philippine legal requirements. The document typically includes comprehensive warranties about ownership and non-infringement, making it a vital tool for businesses and individuals involved in intellectual property transactions.

What sections should be included in a Copyright Assignment Agreement?

1. Parties: Identification of the Assignor (copyright owner) and Assignee, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, relationship between parties, and brief description of the copyrighted work(s) being assigned

3. Definitions: Definitions of key terms used throughout the agreement, including 'Work', 'Intellectual Property Rights', 'Effective Date', etc.

4. Assignment: Clear statement of the transfer of all copyright and related rights from Assignor to Assignee, including scope and territory

5. Consideration: Details of the payment or other consideration for the assignment

6. Assignor's Warranties: Warranties regarding ownership, right to assign, non-infringement, and originality of the work

7. Further Assurance: Obligation to execute additional documents and perform actions necessary to perfect the assignment

8. Waiver of Moral Rights: Express waiver of moral rights to the extent permitted by Philippine law

9. Governing Law and Jurisdiction: Specification of Philippine law as governing law and choice of courts

10. Entire Agreement: Statement that the agreement represents the entire understanding between parties

11. Execution: Signature blocks and execution formalities

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

1. Representations: Additional representations about the work or parties, used when specific assurances beyond standard warranties are needed

2. Confidentiality: Provisions for maintaining confidentiality of the agreement terms, used when dealing with sensitive works or terms

3. Tax Provisions: Specific provisions about tax responsibilities, used when significant monetary consideration is involved

4. Registration: Provisions regarding copyright registration and recordation with IPOPHL, used when formal registration is desired

5. Royalties: Structure for any ongoing payments or royalties, used when the assignment includes future revenue sharing

6. Indemnification: Specific indemnification provisions, used when additional protection is needed beyond standard warranties

7. Survival: Specification of which provisions survive termination, used in complex assignments with ongoing obligations

What schedules should be included in a Copyright Assignment Agreement?

1. Schedule 1 - Description of Works: Detailed description of all copyrighted works being assigned, including creation dates and registration details if any

2. Schedule 2 - Assigned Rights: Comprehensive list of all intellectual property rights being transferred

3. Schedule 3 - Consideration Details: Detailed breakdown of payment terms, installments, or other consideration structures

4. Appendix A - Existing Licenses: List of any existing licenses or permissions granted to third parties

5. Appendix B - Registration Certificates: Copies of copyright registration certificates or other relevant documentation

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

Philippines

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions






























Clauses



























Relevant Industries

Media & Entertainment

Publishing

Technology

Education

Research & Development

Digital Content

Software Development

Arts & Culture

Music Industry

Film & Television

Gaming

Advertising

Professional Services

Legal Services

Relevant Teams

Legal

Intellectual Property

Content Acquisition

Business Development

Editorial

Creative Services

Research & Development

Content Management

Rights Management

Contract Administration

Legal Operations

Corporate Development

Relevant Roles

Intellectual Property Lawyer

Legal Counsel

Copyright Administrator

Content Director

Creative Director

Publishing Manager

Rights Manager

Business Development Manager

Contract Manager

Legal Operations Manager

IP Portfolio Manager

Content Acquisition Manager

Literary Agent

Research Director

Software Development Manager

Chief Legal Officer

Chief Content Officer

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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