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Transfer Of Copyright Agreement for Canada

Transfer Of Copyright Agreement Template for Canada

This document is a comprehensive legal agreement governed by Canadian law that facilitates the complete transfer of copyright ownership from one party (the Assignor) to another (the Assignee). It addresses all aspects required under the Canadian Copyright Act, including the transfer of economic rights and the handling of moral rights, which under Canadian law cannot be assigned but must be explicitly waived. The agreement covers the identification of works being transferred, warranties of ownership, consideration details, and includes provisions for registration with the Canadian Intellectual Property Office where applicable.

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Transfer Of Copyright Agreement

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What is a Transfer Of Copyright Agreement?

The Transfer of Copyright Agreement is essential in situations where complete ownership of copyrighted works needs to be transferred from one party to another under Canadian jurisdiction. This document is commonly used in business acquisitions, publishing deals, software development projects, and creative industry transactions where intellectual property needs to be formally transferred. The agreement must comply with the Canadian Copyright Act and address unique aspects of Canadian copyright law, particularly the treatment of moral rights. The document includes comprehensive details about the works being transferred, consideration, warranties, and indemnities, making it suitable for both simple transfers and complex commercial transactions. It's particularly important that the Transfer of Copyright Agreement explicitly addresses both the economic rights transfer and moral rights waiver to ensure a complete and effective transfer under Canadian law.

What sections should be included in a Transfer Of Copyright Agreement?

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

2. Background: Context of the agreement, relationship between parties, and brief description of the copyrighted work(s)

3. Definitions: Key terms used in the agreement, including 'Work', 'Copyright', 'Moral Rights', 'Intellectual Property Rights', etc.

4. Subject Matter: Detailed description of the copyrighted work(s) being transferred

5. Transfer of Copyright: Express terms of the copyright transfer, including all rights under Section 3 of the Copyright Act

6. Moral Rights: Waiver of moral rights by the Assignor, as required under Canadian law

7. Consideration: Details of payment or other consideration for the transfer

8. Warranties and Representations: Assignor's warranties regarding ownership, originality, and right to transfer

9. Indemnification: Assignor's obligation to indemnify Assignee against third-party claims

10. Further Assurances: Parties' commitment to execute additional documents if needed

11. Governing Law: Specification of Canadian law as governing law and jurisdiction

12. General Provisions: Standard clauses including entire agreement, amendments, and severability

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

1. Registration: Procedures for registering the transfer with the Canadian Intellectual Property Office, used when immediate registration is desired

2. Royalties: Include when the transfer involves ongoing royalty payments rather than a one-time payment

3. Reversion Rights: Terms under which copyright might revert to the Assignor, included when negotiated by the parties

4. Confidentiality: Obligations regarding confidential information, included when sensitive information is involved

5. Territory: Specific geographical limitations on the transfer, if not worldwide

6. Duration: Specific term of the transfer if not permanent

7. Dispute Resolution: Alternative dispute resolution procedures, included for complex or high-value transfers

What schedules should be included in a Transfer Of Copyright Agreement?

1. Schedule A - Description of Works: Detailed description of all copyrighted works being transferred, including creation dates and registration numbers

2. Schedule B - Payment Terms: Detailed payment schedule and terms, particularly important if involving installments or royalties

3. Schedule C - Prior Licenses: List of any existing licenses or encumbrances on the copyright

4. Appendix 1 - Copyright Registrations: Copies of existing copyright registrations for the works

5. Appendix 2 - Form of Waiver: Formal waiver of moral rights in prescribed form

Authors

Alex Denne

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

Jurisdiction

Canada

Cost

Free to use
Relevant legal definitions























Clauses
























Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Education

Arts and Culture

Research and Development

Advertising

Gaming

Music Industry

Film and Television

Digital Content Creation

Photography

Graphic Design

Literature and Writing

Relevant Teams

Legal

Intellectual Property

Business Affairs

Content Acquisition

Rights Management

Publishing

Corporate Development

Research and Development

Creative Services

Business Development

Contract Administration

Relevant Roles

Intellectual Property Lawyer

Legal Counsel

Copyright Officer

Content Acquisition Manager

Publishing Rights Manager

Literary Agent

Contract Manager

Business Affairs Director

IP Portfolio Manager

Creative Rights Manager

Legal Operations Manager

Company Secretary

Business Development Manager

Research Director

Creative Director

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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