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Copyright Assignment Contract Template for Germany

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Key Requirements PROMPT example:

Copyright Assignment Contract

"I need a Copyright Assignment Contract for transferring rights to a custom software application from our development team to our client, a German automotive company, with completion scheduled for March 2025, including provisions for source code transfer and ongoing maintenance rights."

Document background
The Copyright Assignment Contract is essential for businesses and individuals seeking to transfer or acquire copyright exploitation rights under German law. This document is particularly important because German copyright law, unlike many other jurisdictions, maintains a clear distinction between transferable economic rights and non-transferable moral rights. The contract must carefully navigate these requirements while ensuring commercial objectives are met. It's commonly used in scenarios involving software development, creative works, publishing, and media production, where clear ownership of intellectual property is crucial. The document typically includes detailed descriptions of the work(s), specific exploitation rights being transferred, compensation terms, and provisions for the ongoing recognition and protection of the creator's moral rights. This contract type is fundamental for intellectual property transactions in Germany and must comply with both the Urheberrechtsgesetz (German Copyright Act) and relevant provisions of the Bürgerliches Gesetzbuch (German Civil Code).
Suggested Sections

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

2. Background: Context of the assignment, identification of the work(s), and confirmation of the Assignor's ownership

3. Definitions: Key terms including 'Work', 'Intellectual Property Rights', 'Moral Rights', and 'Exploitation Rights'

4. Assignment of Rights: Detailed specification of the economic rights being transferred, including exploitation rights under §31 UrhG

5. Moral Rights Acknowledgment: Statement acknowledging the inalienable nature of moral rights under German law and arrangements for their exercise

6. Warranties and Representations: Assignor's warranties regarding ownership, originality, and right to assign

7. Compensation: Details of payment or other consideration for the assignment

8. Delivery and Acceptance: Terms for delivering the work and any associated materials

9. Cooperation: Obligations to assist with registration, enforcement, or further actions needed

10. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

Optional Sections

1. Future Works: Required if the assignment covers works yet to be created, including specific provisions under §40 UrhG

2. Third Party Rights: Needed if the work incorporates any third-party materials or requires third-party clearances

3. Territory and Duration: Optional section specifying geographic limitations and duration if the assignment is not worldwide or perpetual

4. Confidentiality: Required if any confidential information is exchanged or if the work contains trade secrets

5. Registration and Recordal: Needed if the work requires registration or recordal with copyright offices or other authorities

6. Royalties: Required if the compensation includes ongoing payments or revenue sharing

7. Reversion Rights: Optional provisions for circumstances under which rights might revert to the Assignor

Suggested Schedules

1. Schedule 1: Description of Work(s): Detailed description of the copyright work(s) being assigned, including creation date, format, and identifying features

2. Schedule 2: Excluded Rights: List of any rights specifically excluded from the assignment

3. Schedule 3: Payment Schedule: Detailed payment terms, including any installments or royalty calculations

4. Appendix A: Copy of Work: Physical or digital copy of the work(s) being assigned, where practical

5. Appendix B: Prior Licenses: List of any existing licenses or permissions that will survive the assignment

Authors

Alex Denne

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

Relevant legal definitions






























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Relevant Industries

Publishing

Software Development

Media and Entertainment

Education

Research and Development

Technology

Gaming

Advertising and Marketing

Music Industry

Film and Television

Digital Arts

Photography

Journalism

Academic Publishing

Relevant Teams

Legal

Intellectual Property

Research and Development

Content Creation

Publishing

Product Development

Business Development

Rights and Licensing

Corporate Development

Creative Services

Relevant Roles

Intellectual Property Lawyer

Legal Counsel

Copyright Attorney

Contracts Manager

Legal Director

Content Creator

Software Developer

Author

Artist

Musician

Photographer

Research Director

Publishing Manager

Creative Director

IP Portfolio Manager

Business Development Manager

Rights and Licensing 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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