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Exclusive Copyright License Agreement for Philippines

Exclusive Copyright License Agreement Template for Philippines

This document is a comprehensive legal agreement governed by Philippine law, specifically the Intellectual Property Code (Republic Act No. 8293), that grants exclusive rights to use, reproduce, distribute, and commercialize a copyrighted work. It establishes the terms and conditions under which the copyright owner (licensor) grants exclusive rights to another party (licensee), including the scope of the license, territory, duration, payment terms, quality control requirements, and obligations of both parties. The agreement incorporates specific provisions required under Philippine intellectual property law while ensuring compliance with international copyright conventions that the Philippines has ratified.

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What is a Exclusive Copyright License Agreement?

The Exclusive Copyright License Agreement is a crucial legal instrument used when a copyright owner wishes to grant another party the exclusive rights to exploit their intellectual property in the Philippines. This document is essential for transactions involving valuable copyrighted works such as software, literary works, music, artwork, or other creative content where the licensee requires exclusive market access. The agreement must comply with the Philippine Intellectual Property Code and related regulations, while addressing key commercial terms such as territory, duration, payment structures, and quality control measures. It's particularly important in commercial situations where the licensee needs to ensure no other parties can legally use the copyrighted work within the specified territory, making it valuable for business expansion, market entry, or product development strategies.

What sections should be included in a Exclusive Copyright License Agreement?

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

2. Background: Context of the agreement, description of the copyrighted work, and confirmation of the Licensor's ownership of the copyright

3. Definitions: Definitions of key terms used throughout the agreement, including 'Licensed Work', 'Territory', 'Term', and 'License Fee'

4. Grant of Rights: Detailed description of the exclusive rights being licensed, including specific uses permitted 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 license fees, royalties, payment schedule, and calculation methods

7. Licensor's Obligations: Obligations of the copyright owner, including warranties of ownership and non-infringement

8. Licensee's Obligations: Obligations of the Licensee regarding use of the work, quality control, and reporting

9. Quality Control: Standards for reproduction and use of the copyrighted work

10. Intellectual Property Protection: Provisions for protecting the copyright and handling infringement by third parties

11. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination

12. Post-Termination Obligations: Obligations and rights of parties after agreement termination

13. General Provisions: Standard contractual provisions including notices, entire agreement, amendments, and governing law

What sections are optional to include in a Exclusive Copyright License Agreement?

1. Sub-licensing Rights: Include when the Licensee is permitted to grant sub-licenses to third parties

2. Moral Rights: Include when dealing with works where moral rights are significant, such as artistic works

3. Digital Rights Management: Include when the licensed work will be distributed digitally

4. Minimum Performance Requirements: Include when the license requires minimum sales or usage levels

5. Marketing and Promotion: Include when specific marketing obligations are required of the Licensee

6. Source Code Escrow: Include when licensing software where source code access may be needed

7. Export Control: Include when the licensed work may be subject to export regulations

What schedules should be included in a Exclusive Copyright License Agreement?

1. Schedule A - Description of Licensed Work: Detailed description of the copyrighted work including specifications, formats, and versions

2. Schedule B - License Fee Schedule: Detailed breakdown of all fees, royalties, and payment terms

3. Schedule C - Quality Control Guidelines: Specific requirements for maintaining quality in the use or reproduction of the work

4. Schedule D - Approved Sub-licensees: List of pre-approved sub-licensees if sub-licensing is permitted

5. Schedule E - Technical Specifications: Technical requirements for implementation or reproduction of the work

6. Appendix 1 - Copyright Registration Documents: Copies of copyright registration certificates and other ownership proof

7. Appendix 2 - Territory Map: Visual representation of the licensed territory if geographical restrictions apply

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

Copyright Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Music Industry

Film and Television

Gaming

Education

Advertising and Marketing

Fashion and Design

Arts and Culture

Relevant Teams

Legal

Intellectual Property

Business Development

Content Acquisition

Rights Management

Corporate Development

Publishing

Product Development

Creative Operations

Compliance

Relevant Roles

Intellectual Property Lawyer

Copyright Attorney

Legal Counsel

Business Development Manager

Licensing Manager

Content Acquisition Manager

Rights Management Director

Creative Director

Publishing Manager

Software Development Manager

Chief Legal Officer

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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