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Joint Copyright Agreement Template for New Zealand

A Joint Copyright Agreement under New Zealand law is a legal document that establishes shared ownership and management of copyright between two or more parties. The agreement defines how the parties will jointly own, control, and commercially exploit copyrighted works while ensuring compliance with the New Zealand Copyright Act 1994 and related legislation. It covers essential aspects such as ownership percentages, revenue sharing, usage rights, attribution requirements, and dispute resolution mechanisms, providing a comprehensive framework for collaborative creative endeavors.

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What is a Joint Copyright Agreement?

The Joint Copyright Agreement is essential for situations where multiple parties collaborate on creative or intellectual works in New Zealand. This document is particularly relevant when two or more parties contribute to the creation of copyrightable works and need to formalize their ownership rights, responsibilities, and commercial arrangements. The agreement ensures compliance with New Zealand's Copyright Act 1994 and related legislation while providing a clear framework for managing joint copyright ownership. It typically includes provisions for revenue sharing, decision-making authority, licensing rights, and dispute resolution. This type of agreement is commonly used in creative industries, technology sector, and research collaborations where intellectual property is jointly created and needs to be properly managed and protected.

What sections should be included in a Joint Copyright Agreement?

1. Parties: Identification and details of all parties entering into the joint copyright agreement

2. Background: Context of the agreement, including the nature of the copyrighted work and the parties' relationship

3. Definitions: Definitions of key terms used throughout the agreement

4. Copyright Ownership: Specification of how copyright ownership is shared between the parties

5. Rights and Obligations: Detailed description of each party's rights and responsibilities regarding the copyrighted work

6. Usage and Exploitation: Terms governing how the copyrighted work may be used, licensed, or commercialized

7. Revenue Sharing: Agreement on how any income from the copyrighted work will be distributed

8. Attribution: Requirements for crediting the parties in relation to the copyrighted work

9. Term and Termination: Duration of the agreement and conditions for termination

10. Dispute Resolution: Process for resolving any disputes between the parties

11. Governing Law: Specification that New Zealand law governs the agreement

12. General Provisions: Standard contract clauses including notices, amendments, and severability

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

1. Moral Rights: Specific provisions regarding moral rights under New Zealand copyright law, used when dealing with creative works where attribution and integrity are particularly important

2. International Rights: Provisions for international copyright protection, used when the work may be exploited internationally

3. Digital Rights Management: Provisions for technological protection measures, used when the work will be distributed digitally

4. Derivative Works: Terms governing the creation and ownership of derivative works, used when adaptations or modifications are anticipated

5. Confidentiality: Provisions for maintaining confidentiality of sensitive information, used when sharing trade secrets or proprietary information

6. First Right of Refusal: Terms giving parties priority rights for future works or opportunities, used in ongoing creative relationships

What schedules should be included in a Joint Copyright Agreement?

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

2. Schedule 2: Revenue Sharing Formula: Detailed breakdown of how revenue will be calculated and distributed

3. Schedule 3: Approved Uses: List of pre-approved uses of the copyrighted work

4. Appendix A: Copyright Registration Details: Details of any existing copyright registrations or applications

5. Appendix B: Prior Works: List of any pre-existing works that may be incorporated into the joint 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

New Zealand

Document Type

Copyright Agreement

Sector

IP

Cost

Free to use

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