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Copyright Transfer Agreement for the United States

Copyright Transfer Agreement Template for United States

A Copyright Transfer Agreement is a legal document governed by U.S. copyright law that formally transfers ownership of copyright from one party to another. This agreement, compliant with the U.S. Copyright Act (17 U.S.C.), specifies the exact rights being transferred, the scope of the transfer, and any limitations or reservations. It must be in writing and signed by the copyright owner to be legally valid, as required by Section 204 of the Copyright Act. The agreement typically includes provisions for consideration, warranties of ownership, and specific terms regarding the use and exploitation of the copyrighted work.

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What is a Copyright Transfer Agreement?

The Copyright Transfer Agreement serves as a crucial legal instrument for transferring intellectual property rights in the United States. This document is essential when creators, publishers, or businesses need to formally transfer ownership of copyrighted works, whether for publication, distribution, or commercial exploitation. The agreement must comply with U.S. federal copyright law, particularly the Copyright Act (17 U.S.C.), and requires written documentation of the transfer. It's commonly used in publishing, entertainment, and digital media industries where clear ownership of intellectual property is paramount. The Copyright Transfer Agreement includes specific details about the work being transferred, the scope of rights being conveyed, any limitations or reservations, and the consideration being provided for the transfer.

What sections should be included in a Copyright Transfer Agreement?

1. Parties: Identification of transferor and transferee with full legal names and addresses

2. Background: Context of the transfer and description of the copyrighted work(s)

3. Definitions: Key terms used throughout the agreement including 'Work', 'Copyright', 'Territory', and 'Effective Date'

4. Transfer of Rights: Explicit statement of copyright transfer and scope of rights being transferred

5. Warranties and Representations: Transferor's warranties regarding ownership and right to transfer

6. Consideration: Payment or other consideration for the transfer

7. Governing Law: Jurisdiction and applicable law

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

1. Digital Rights: Specific provisions for digital distribution and online use of the copyrighted work

2. Moral Rights: Treatment of moral rights, particularly relevant for visual arts under VARA

3. Reversion Rights: Conditions under which rights might revert to original owner

What schedules should be included in a Copyright Transfer Agreement?

1. Schedule A - Work Description: Detailed description of the copyrighted work(s) being transferred

2. Schedule B - Payment Terms: Detailed payment schedule and terms if applicable

3. Schedule C - Territory: Geographic scope of the transfer if not worldwide

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

United States

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Clauses
















Industries

U.S. Copyright Act - Section 201: Fundamental provisions governing ownership and transfer of copyright, including rules for initial ownership and requirements for valid transfers

U.S. Copyright Act - Section 204: Specifies formal requirements for copyright transfers, including the requirement that transfers must be in writing and signed by the copyright owner

U.S. Copyright Act - Section 106: Defines the exclusive rights granted to copyright owners, which are the rights being transferred in the agreement

U.S. Copyright Act - Section 302: Establishes the duration of copyright protection, which affects the temporal scope of the transfer

Digital Millennium Copyright Act: Federal law addressing copyright issues in digital and online contexts, including technological protection measures

Work-for-hire Doctrine: Legal concept defined in 17 U.S.C. ยง 101 determining initial ownership of works created in employment or specially commissioned works

Fair Use Provisions: Limitations on exclusive rights codified in 17 U.S.C. ยง 107, which survive copyright transfer and must be acknowledged

State Contract Laws: State-specific contract formation and enforcement requirements that apply to the agreement as a legal contract

Visual Artists Rights Act: Federal law protecting moral rights of visual artists, which may affect the scope of rights that can be transferred

Berne Convention: International treaty establishing minimum standards for copyright protection across member countries

WIPO Copyright Treaty: International agreement addressing copyright protection in the digital environment

Universal Copyright Convention: International copyright treaty providing copyright protection across member states with different legal systems

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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