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Copyright Transfer Agreement for Switzerland

Copyright Transfer Agreement Template for Switzerland

A Copyright Transfer Agreement under Swiss law is a legally binding document that facilitates the complete or partial transfer of copyright ownership from one party (typically the creator or current rights holder) to another. Governed by the Swiss Federal Act on Copyright and Related Rights (CopA) and the Swiss Code of Obligations, this agreement details the scope of rights being transferred, terms of transfer, and any retained rights. The document ensures compliance with Swiss copyright law's specific requirements, including provisions for moral rights protection and fair compensation, while establishing clear ownership and usage rights for the transferred intellectual property.

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What is a Copyright Transfer Agreement?

The Copyright Transfer Agreement is essential in situations where complete or partial transfer of copyright ownership is required under Swiss law. This document is commonly used in publishing, academic, creative, and commercial contexts where intellectual property rights need to be formally transferred from creators to publishers, institutions, or businesses. The agreement must comply with the Swiss Federal Act on Copyright and Related Rights (CopA) and address specific Swiss legal requirements regarding copyright transfer, including moral rights considerations. It typically includes detailed provisions about the scope of transfer, compensation, warranties, and any retained rights. The document is particularly important in ensuring clear chain of title for copyright ownership and protecting both transferor and transferee interests in intellectual property transactions.

What sections should be included in a Copyright Transfer Agreement?

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

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

3. Definitions: Definitions of key terms used in the agreement, including 'Work(s)', 'Intellectual Property Rights', 'Effective Date', etc.

4. Subject Matter of Transfer: Clear identification and description of the copyrighted work(s) being transferred

5. Grant of Rights: Explicit statement of transfer of copyright ownership and all associated rights

6. Scope of Transfer: Detailed description of the rights being transferred, including territory, duration, and field of use

7. Warranties and Representations: Transferor's warranties regarding ownership, right to transfer, and non-infringement

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

9. Delivery: Requirements and timeline for delivery of the work(s) and associated materials

10. Effective Date and Duration: When the transfer becomes effective and its duration

11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes

12. Execution: Signature blocks and execution requirements

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

1. Moral Rights: Specific provisions regarding moral rights under Swiss law, used when moral rights need to be specifically addressed or waived to the extent permitted by law

2. Future Works: Provisions for transfer of copyright in future works, used when the agreement covers works yet to be created

3. Revenue Sharing: Terms for sharing any future revenue from the work, used when the transfer includes ongoing financial arrangements

4. Reversion Rights: Conditions under which rights might revert to the transferor, used when temporary or conditional transfer is intended

5. Third Party Rights: Provisions regarding third party permissions or licenses, used when the work incorporates third-party content

6. Confidentiality: Confidentiality obligations regarding the transfer and work details, used when sensitive information is involved

7. Registration: Obligations regarding copyright registration and recordation, used when formal registration is desired

What schedules should be included in a Copyright Transfer Agreement?

1. Schedule A - Description of Works: Detailed description of all works covered by the transfer, including creation dates, registration numbers if any, and specific identifying features

2. Schedule B - Payment Terms: Detailed payment schedule, including any royalties, milestone payments, or other financial arrangements

3. Schedule C - Delivery Requirements: Specific requirements for delivery of works, including format, medium, and technical specifications

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

5. Appendix 2 - Prior Licenses: List of any existing licenses or permissions granted to third parties that will survive the transfer

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

Switzerland

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
































Clauses

























Relevant Industries

Publishing

Software Development

Media and Entertainment

Education

Research and Development

Technology

Creative Arts

Digital Content Creation

Gaming Industry

Scientific Publishing

Relevant Teams

Legal

Intellectual Property

Rights and Licensing

Content Acquisition

Editorial

Research and Development

Creative Services

Contract Administration

Legal Operations

Publications

Relevant Roles

Intellectual Property Lawyer

Legal Counsel

Copyright Officer

Publishing Rights Manager

Content Acquisition Manager

Literary Agent

Research Director

Creative Director

Legal Operations Manager

Contracts Administrator

Rights and Licensing Manager

IP Portfolio 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, 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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