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Copyright Transfer Agreement Graphic Design

Copyright Transfer Agreement Graphic Design Template for United States

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Copyright Transfer Agreement Graphic Design

"I need a Copyright Transfer Agreement Graphic Design to transfer all rights in my company's new logo and brand identity package created by a freelance designer, with the transfer to be effective from March 1, 2025, and I need to ensure the designer can still use the work in their portfolio."

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The Copyright Transfer Agreement Graphic Design is utilized when a complete transfer of copyright ownership in graphic design works is required under U.S. law. This document is essential for businesses seeking full control over commissioned design works, ensuring clear ownership rights and preventing future disputes. It covers all aspects of copyright transfer, including moral rights, usage rights, and modification permissions, while complying with federal copyright legislation and state contract laws. The agreement is particularly important for work-for-hire situations and commercial design projects where clean chain of title is crucial.
Suggested Sections

1. Parties: Identification of the transferor (designer) and transferee, including full legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used in the agreement including 'Work', 'Copyright', 'Derivative Works'

4. Grant of Rights: Specific rights being transferred and scope of transfer

5. Warranty and Representations: Designer's confirmation of original work and right to transfer

6. Consideration: Payment or other compensation for the transfer

Optional Sections

1. Portfolio Rights: Optional clause allowing designer to retain the right to use work in their portfolio for self-promotion

2. Moral Rights Waiver: Optional clause for waiver of attribution and integrity rights when complete transfer of all rights is required

3. Derivative Works: Optional clause specifying rights regarding modifications and adaptations of the work

Suggested Schedules

1. Schedule A - Work Description: Detailed description of the graphic design works being transferred

2. Schedule B - File Formats: List of deliverable file formats and specifications

3. Schedule C - Usage Rights: Specific terms of use, territories, and mediums

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses


















Industries

U.S. Copyright Act: Title 17 of United States Code, the fundamental federal copyright law that governs the protection of creative works, including graphic designs

Digital Millennium Copyright Act (DMCA): Federal law addressing copyright issues in digital media and online content, relevant for digital graphic designs and online distribution

Visual Artists Rights Act (VARA): Specific legislation protecting visual artists' moral rights, including rights of attribution and integrity of the work

Work for Hire Doctrine: Provision under Copyright Act determining ownership of works created during employment or specially commissioned works

Fair Use Provisions: Legal doctrine allowing limited use of copyrighted material without permission for purposes such as criticism, commentary, or education

Lanham Act: Federal trademark law that may affect graphic designs incorporating trademarked elements or designs intended for trademark registration

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

Uniform Commercial Code: Standardized state laws governing commercial transactions, relevant for commercial aspects of design contracts

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Moral Rights Provisions: Legal rights protecting the personal and reputational value of creative works, including right of attribution and integrity

Copyright Duration: Legal provisions governing the length of copyright protection for graphic design works

Derivative Works Rights: Legal framework governing the creation and ownership of works based on or derived from the original graphic design

Display and Distribution Rights: Legal provisions concerning how and where the graphic design can be displayed and distributed

Digital Rights: Legal considerations for online usage, digital reproduction, and electronic distribution of graphic designs

Portfolio Usage Rights: Legal provisions regarding the designer's right to use the work in their professional portfolio

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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