Assignment of rights in software
Using this assignment document, you can transfer the copyright in a computer program or piece of software from the existing owner to a new owner. In addition, the document can also be used to transfer other unregistered intellectual property rights subsisting in the computer program (for example, database rights) alongside the copyright.
Although software itself is not usually protected by moral rights, other works incorporated into software such as graphical works may be so protected. For this reason, the assignment includes an optional waiver of moral rights.
The document allows for specified rights to be excluded from the transfer. For example, if a software program incorporates third party / open source libraries, they would need to be excluded from the assignment: the assignor cannot assign what he or she does not own.
This assignment should not be used in relation to the transfer of patent rights or other registered intellectual property rights.Ask about this document
Assignment of rights in software contents
- Definitions: definitions.
- Consideration: consideration benefiting first party.
- 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.
- 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.
- Warranties: first party warranty of authority; first party warranties relating to unregistered assignment IP; exclusion of implied warranties and representations.
- Indemnity: first party indemnifies second party upon breach.
- Limits upon exclusions of liability: caveats to limits of liability.
- Further assurance: further assurance (intellectual property); assistance with registration of intellectual property rights; assistance with proceedings relating to assigned intellectual property.
- General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
SCHEDULE 1 (RIGHTS IN SOFTWARE: IDENTIFICATION)
Assignment IP: software: identification of rights in software to be assigned. Excluded IP: identification of intellectual property rights to be excluded from assignment.