The Joint Copyright Ownership Agreement is essential when two or more parties collaborate to create or acquire copyright-protected works and wish to formalize their ownership rights under Hong Kong law. This document is particularly valuable in creative industries, technology sectors, and research collaborations where intellectual property is created through joint efforts. It addresses crucial aspects such as ownership proportions, decision-making authority, revenue sharing, and exploitation rights, while ensuring compliance with Hong Kong's Copyright Ordinance (Cap. 528) and related legislation. The agreement becomes especially important in preventing future disputes by clearly defining each party's rights and responsibilities, establishing mechanisms for commercial exploitation, and providing clear protocols for managing the shared intellectual property.
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1. Parties: Identification of all parties entering into the agreement
2. Background: Context of the agreement, including the nature of the work and how the joint ownership arose
3. Definitions: Definitions of key terms used throughout the agreement
4. Joint Ownership Declaration: Clear statement of the ownership proportions and rights of each party
5. Rights and Responsibilities: Detailed outline of each party's rights and obligations regarding the copyrighted work
6. Decision Making: Process for making decisions about the use, licensing, or modification of the work
7. Revenue Sharing: Terms for sharing revenue generated from the copyrighted work
8. Exploitation and Licensing: Rules governing how the work can be commercially exploited and licensed to third parties
9. Attribution and Credits: Requirements for how the parties should be credited in connection with the work
10. Maintenance and Protection: Obligations regarding maintaining and protecting the copyright
11. Dispute Resolution: Procedures for resolving disputes between the parties
12. Term and Termination: Duration of the agreement and circumstances for termination
13. General Provisions: Standard contractual provisions including governing law, notices, and entire agreement
1. Moral Rights: Specific provisions regarding moral rights, particularly relevant for creative works
2. International Rights: Provisions for international copyright protection and enforcement, necessary if international exploitation is contemplated
3. Future Works: Terms governing ownership of derivative works or future versions, relevant for evolving creative projects
4. Buy-out Provisions: Mechanism for one party to buy out the other's share, useful for commercial works
5. Death/Incapacity: Provisions dealing with what happens to ownership rights upon death or incapacity of a party
6. Non-Competition: Restrictions on parties creating competing works, relevant for commercial works
7. Confidentiality: Provisions for protecting confidential information, necessary if sensitive information is involved
8. Quality Control: Standards for maintaining quality in the work's exploitation, important for branded or commercial works
1. Schedule 1 - The Works: Detailed description of the copyrighted work(s) covered by the agreement
2. Schedule 2 - Ownership Proportions: Detailed breakdown of ownership percentages and any specific rights attached to each share
3. Schedule 3 - Revenue Sharing Formula: Detailed calculations and methods for revenue distribution
4. Schedule 4 - Approved Uses: List of pre-approved uses or licenses of the work
5. Schedule 5 - Territory Details: Specification of territorial rights and restrictions
6. Appendix A - Initial Marketing Plan: Agreed initial approach to marketing and exploiting the work
7. Appendix B - Required Credits: Specific format and wording for credits and attributions
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