The Copyright Transfer Form is a crucial legal instrument used in Malaysia for transferring ownership rights in copyrighted works from one party to another. This document is essential when authors, artists, or content creators wish to transfer their copyright to publishers, production companies, or other entities. The form must comply with the Malaysian Copyright Act 1987 and related legislation, ensuring proper documentation of the transfer of both economic and moral rights where applicable. It's commonly used in publishing, media, entertainment, and academic contexts, particularly when works are being commercialized or published. The document needs to clearly specify the work(s) being transferred, the scope of rights being assigned, and any terms or conditions attached to the transfer. Its proper execution is crucial for establishing clear ownership rights and preventing future disputes regarding copyright ownership.
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1. Parties: Identification of the copyright owner (Assignor) and the recipient (Assignee) with full legal names and addresses
2. Background: Brief context about the work(s) and the purpose of the transfer
3. Definitions: Key terms used in the agreement, including 'Work', 'Copyright', 'Intellectual Property Rights', and other relevant terms
4. Declaration of Ownership: Assignor's declaration of ownership and right to transfer the copyright
5. Transfer of Rights: Express assignment of all copyright and related rights in the Work
6. Scope of Transfer: Detailed description of the rights being transferred, including territory and duration
7. Warranties: Assignor's warranties regarding ownership, originality, and non-infringement
8. Execution: Signature blocks and execution details
1. Consideration: Details of payment or other consideration for the transfer, used when the transfer is not gratuitous
2. Moral Rights: Specific handling of moral rights, particularly relevant for artistic, literary, or musical works
3. Reversion Rights: Conditions under which rights might revert to the original owner, if applicable
4. Future Works: Provisions for transfer of copyright in future iterations or versions of the Work
5. Royalties: Include when ongoing payments are part of the transfer arrangement
6. Dispute Resolution: Specific dispute resolution procedures, recommended for high-value transfers
1. Schedule 1 - Description of Work: Detailed description of the work(s) being transferred, including title, format, and identifying features
2. Schedule 2 - Rights Transferred: Comprehensive list of specific rights being transferred
3. Schedule 3 - Payment Terms: Details of any payment arrangements, including amounts and payment schedule
4. Appendix A - Copy of Work: Physical or digital copy of the work being transferred, or representative samples
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