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Assignment of copyright

Just like real property, intellectual property may be transferred from one person to another. This document may be used to effect the transfer (ie assignment) of copyright. It may be used in connection with one specific type of copyright (eg literary copyright or artistic copyright) or alternatively may be used to assign a range of different copyright types.

The transfer under this document may be made on the basis that: (a) the transferor is only transferring those rights that the transferor actually owns; or (b) the transferor is transferring all rights in the relevant works, and accordingly guarantees ownership of all such rights.

You should always use a signed document to transfer copyright. This is a specific requirement of the Copyright, Designs and Patents Act 1988.

If you are looking for a document that will cover the transfer of copyright alongside other intellectual property rights (eg design rights or trade mark rights) then you should look at our intellectual property assignment document instead of this one.

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Assignment of copyright contents

  1. Definitions: definitions.
  2. Consideration: consideration benefiting first party.
  3. Assignment: assignment of intellectual property rights with full title guarantee option; assignment of owned intellectual property rights in works; assignment for full term of rights; assignment includes right to claim for past infringements.
  4. Moral rights: warranty that rights of paternity in works have been waived; acknowledgement of assertion of right of paternity in works; assertion of moral right of paternity in works; warranty that right of integrity in works has been waived.
  5. Warranties: first party warranty of authority; first party warranties relating to unregistered assignment IP; exclusion of implied warranties and representations.
  6. Indemnity: first party indemnifies second party upon breach.
  7. Limits upon exclusions of liability: caveats to limits of liability.
  8. Further assurance: further assurance (intellectual property); assistance with registration of intellectual property rights; assistance with proceedings relating to assigned intellectual property.
  9. General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
  10. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (COPYRIGHT: IDENTIFICATION)

  1. Assignment IP: works: identification of unregistered intellectual property to be assigned.
  2. Excluded IP: identification of intellectual property rights to be excluded from assignment.
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