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Copyright Waiver Agreement Template for New Zealand

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Key Requirements PROMPT example:

Copyright Waiver Agreement

"I need a Copyright Waiver Agreement for a collection of digital photographs I've created, to be waived in favor of a non-profit educational organization, with the waiver to take effect from March 1, 2025, but I want to retain the right to use the photographs in my personal portfolio."

Document background
The Copyright Waiver Agreement serves as a formal legal instrument under New Zealand law for copyright owners who wish to permanently relinquish some or all of their copyright rights in specific works. This document is particularly useful in situations where traditional licensing or assignment may not be appropriate, such as contributing to open-source projects, public domain dedications, or simplified content sharing arrangements. The agreement must comply with New Zealand's Copyright Act 1994 and related legislation, ensuring that the waiver is properly documented and legally binding. It includes essential details about the copyrighted works, the scope of rights being waived, and any limitations or reservations. This type of agreement is commonly used in academic, creative, and technology sectors where free distribution and use of works is desired.
Suggested Sections

1. Parties: Identifies and defines the copyright owner (grantor) and the beneficiary of the waiver (grantee)

2. Background: Establishes context, including the owner's rights and reason for the waiver

3. Definitions: Defines key terms used in the agreement, including 'Work', 'Copyright', 'Waiver', etc.

4. Copyright Ownership Warranty: Grantor's warranty of ownership of the copyright and right to waive

5. Scope of Waiver: Detailed description of the rights being waived and extent of the waiver

6. Duration: Specifies the time period for which the waiver is valid (usually perpetual)

7. No Revocation: Confirms the irrevocable nature of the waiver

8. Governing Law: Specifies New Zealand law as governing the agreement

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Consideration: Required if there is payment or other consideration for the waiver

2. Retained Rights: Used when the copyright owner wishes to retain certain specific rights

3. Moral Rights: Specific section addressing the waiver of moral rights, if applicable

4. Territory: Defines specific geographical limitations of the waiver, if not worldwide

5. Assignment: Include if the rights under the waiver can be assigned to others

6. Severability: Standard clause to ensure remainder of agreement survives if any part is found invalid

7. Dispute Resolution: Include if specific dispute resolution procedures are required

Suggested Schedules

1. Schedule 1 - Description of Works: Detailed description of the copyrighted works covered by the waiver

2. Schedule 2 - Specific Rights Waived: Itemized list of specific copyright and related rights being waived

3. Schedule 3 - Excluded Rights: List of any rights specifically excluded from the waiver (if applicable)

4. Appendix A - Copy of Works: Copies or representations of the copyrighted works (where practical)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Education

Arts and Culture

Advertising and Marketing

Music Industry

Film and Television

Gaming

Digital Content Creation

Photography

Research and Development

Non-Profit

Professional Services

Relevant Teams

Legal

Intellectual Property

Content Creation

Creative Services

Business Development

Research and Development

Publishing

Rights Management

Digital Operations

Corporate Affairs

Academic Affairs

Documentation

Compliance

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Content Creator

Artist

Author

Software Developer

Publishing Manager

Rights Manager

Creative Director

Business Development Manager

Research Director

Academic Administrator

Copyright Officer

Licensing Manager

Contract Administrator

Company Secretary

Chief Legal Officer

Head of Content

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

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