The Copyright Transfer And Disclosure Form is a crucial legal document used in Saudi Arabia when transferring ownership of intellectual property rights from one party to another. This document is essential when authors, creators, or rights holders wish to transfer their copyright to publishers, institutions, or other entities. It ensures compliance with Saudi Arabian Copyright Law (Royal Decree No. M/41) and Sharia principles, while providing comprehensive disclosure of any existing rights, licenses, or encumbrances affecting the copyright. The form is particularly important in academic, publishing, media, and technology sectors, where clear ownership and transfer of intellectual property rights are crucial. It includes detailed information about the work being transferred, warranties of ownership, and complete disclosure of any existing rights or limitations, making it an essential tool for intellectual property transactions in Saudi Arabia.
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1. Parties: Identification of the transferor (copyright owner) and transferee, including full legal names, addresses, and legal capacity
2. Background: Context of the copyright transfer, including brief description of the work(s) and purpose of the transfer
3. Definitions: Key terms used in the agreement, including 'Work', 'Copyright', 'Intellectual Property Rights', and other relevant terms
4. Copyright Transfer Declaration: Express statement of transfer of copyright ownership from transferor to transferee
5. Scope of Transfer: Detailed description of the rights being transferred, including reproduction, distribution, and adaptation rights
6. Warranties and Representations: Transferor's warranties regarding ownership, originality, and right to transfer the copyright
7. Consideration: Details of payment or other consideration for the copyright transfer
8. Disclosure Statement: Transferor's disclosure of any existing licenses, encumbrances, or limitations on the copyright
9. Governing Law and Jurisdiction: Specification of Saudi law as governing law and relevant jurisdiction for disputes
10. Execution: Signature blocks and execution requirements compliant with Saudi law
1. Moral Rights: Section addressing the treatment of moral rights, particularly relevant for literary and artistic works
2. Confidentiality: Provisions regarding confidentiality of the work and transfer terms, if applicable
3. Revenue Sharing: Terms for sharing future revenues, if the transfer includes ongoing financial arrangements
4. Registration and Recordal: Provisions for copyright registration with SAIP and other relevant authorities
5. Territory: Specific geographical scope of the transfer if not worldwide
6. Duration: If the transfer is time-limited rather than perpetual
1. Schedule 1 - Description of Works: Detailed description of the copyrighted work(s) being transferred, including creation date, registration details if any
2. Schedule 2 - Existing Licenses: List of any existing licenses or permissions granted to third parties
3. Schedule 3 - Payment Terms: Detailed payment schedule and terms if the consideration is complex or involves multiple payments
4. Appendix A - Copyright Registration Certificates: Copies of existing copyright registration certificates or documentation
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