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Copyright Ownership Agreement for Germany

Copyright Ownership Agreement Template for Germany

A Copyright Ownership Agreement under German law (Urheberrechtsgesetz) is a specialized legal document that establishes the terms for transferring usage rights of copyrighted works from the original creator to another party. Unlike jurisdictions that allow full copyright transfer, German law maintains that the creator always retains the core copyright, while allowing comprehensive transfer of usage rights. This agreement details the scope of granted rights, compensation terms, moral rights provisions, and usage restrictions, ensuring compliance with Germany's author-centric copyright framework while facilitating commercial exploitation of the work.

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What is a Copyright Ownership Agreement?

The Copyright Ownership Agreement is essential in situations where comprehensive usage rights need to be transferred from a creator to another party under German law. This document is particularly crucial given that German copyright law (Urheberrechtsgesetz) differs significantly from common law jurisdictions, as it does not permit the transfer of copyright itself, only usage rights. The agreement typically specifies the exact scope of usage rights being granted, including territorial limits, duration, and permitted forms of exploitation. It addresses moral rights, which are strongly protected under German law, and includes provisions for compensation, warranties, and compliance with collecting society requirements. This type of agreement is commonly used in commercial transactions involving creative works, software development, publishing deals, and media production, where clear ownership and usage rights are essential for business operations.

What sections should be included in a Copyright Ownership Agreement?

1. Parties: Identification of the rights holder (author/current owner) and the recipient of the rights, including full legal names and addresses

2. Background: Context of the agreement, identification of the copyrighted work(s), and the parties' intentions regarding the transfer of usage rights

3. Definitions: Key terms including 'Work', 'Usage Rights', 'Territory', 'Moral Rights', and other relevant definitions

4. Subject Matter: Detailed description of the copyrighted work(s) covered by the agreement

5. Grant of Rights: Specific usage rights being granted, including scope, territory, and duration (noting that under German law, only usage rights can be transferred, not the copyright itself)

6. Moral Rights: Acknowledgment of the author's moral rights and any agreed arrangements regarding attribution and integrity of the work

7. Compensation: Payment terms, including any royalties, one-time payments, or other financial considerations

8. Warranties and Representations: Warranties regarding ownership, originality, and non-infringement of third-party rights

9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

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

1. Future Works: Additional provisions for works that have not yet been created, including delivery schedules and acceptance procedures

2. Multiple Authors: Special provisions for works with multiple authors, including decision-making processes and rights allocation

3. Employment Context: Specific provisions relating to works created in the course of employment

4. Sublicensing Rights: Terms governing the right to sublicense the usage rights to third parties

5. Revenue Sharing: Detailed provisions for sharing revenue from exploitation of the work

6. Collective Rights Management: Provisions regarding the relationship with collecting societies

7. Confidentiality: Provisions for maintaining confidentiality about the work or agreement terms

8. Modifications and Derivatives: Terms governing the right to modify the work or create derivative works

What schedules should be included in a Copyright Ownership Agreement?

1. Schedule A - Work Description: Detailed technical description of the copyrighted work(s), including any identifying features or registration numbers

2. Schedule B - Usage Rights: Comprehensive list of specific usage rights being granted, including any limitations or restrictions

3. Schedule C - Payment Terms: Detailed payment schedule, including any royalty calculations or milestone payments

4. Schedule D - Author's Guidelines: Guidelines for attribution, moral rights implementation, and approved modifications

5. Appendix 1 - Copyright Registrations: Copies of any existing copyright registrations or other formal documentation

6. Appendix 2 - Prior Licenses: List of any existing licenses or agreements affecting the work

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

Jurisdiction

Germany

Cost

Free to use

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