Copyright Assignment Agreement Template for Austria

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Key Requirements PROMPT example:

Copyright Assignment Agreement

"I need a Copyright Assignment Agreement under Austrian law for my software company to acquire all rights to custom software developed by an external developer, with the agreement to take effect from March 1, 2025, and including provisions for future updates and international usage rights."

Document background
The Copyright Assignment Agreement is essential in situations where a complete transfer of copyright ownership is desired under Austrian law. This document is commonly used when companies commission creative works, during business acquisitions involving intellectual property, or when individual creators sell their rights to publishers or media companies. The agreement must carefully navigate Austrian copyright law's strong protection of creators' rights, particularly moral rights which cannot be fully assigned. The document typically includes detailed descriptions of the works being assigned, specific terms of the transfer, consideration details, and warranties regarding ownership and originality. It's particularly important to note that under Austrian law, copyright assignments are interpreted narrowly, so the agreement must be explicit and comprehensive in describing the rights being transferred.
Suggested Sections

1. Parties: Identification of the Assignor (copyright owner) and Assignee, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the assignment

3. Definitions: Key terms used in the agreement, including detailed definition of the Works being assigned

4. Assignment of Rights: Express assignment of copyright and all associated rights, specifically detailing the complete transfer of economic rights under Austrian law

5. Moral Rights: Acknowledgment of moral rights under Austrian law and the extent to which the Assignor agrees to limit their exercise

6. Consideration: Details of payment or other consideration for the assignment

7. Warranties and Representations: Assignor's warranties regarding ownership, originality, and right to assign the copyright

8. Delivery and Documentation: Requirements for delivering the works and executing additional documents to effect the assignment

9. Further Assurance: Obligation to execute additional documents and take necessary steps to perfect the assignment

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and designation of jurisdiction for disputes

Optional Sections

1. International Rights: Additional provisions for international copyright protection when the works may be used internationally

2. Future Works: Provisions for assignment of future works, if the agreement covers works yet to be created

3. Royalty Provisions: If the assignment includes ongoing royalty payments rather than a one-time payment

4. Confidentiality: Provisions for maintaining confidentiality of sensitive information, if applicable

5. Non-Competition: Restrictions on Assignor's future creation of similar works, if agreed

6. Reversion Rights: Conditions under which rights might revert to the Assignor

7. Tax Provisions: Specific tax-related provisions for handling VAT and other applicable taxes

8. Digital Rights: Specific provisions for digital exploitation of the works

Suggested Schedules

1. Schedule 1 - Description of Works: Detailed description of all works covered by the assignment, including creation dates and registration numbers if applicable

2. Schedule 2 - Payment Terms: Detailed breakdown of payment amounts, schedules, and methods

3. Schedule 3 - Existing Licenses: List of any existing licenses or permissions granted to third parties that will survive the assignment

4. Schedule 4 - Required Registrations: List of copyright registrations or other formalities required in various jurisdictions

5. Appendix A - Form of Additional Documentation: Templates for any additional documentation required to perfect the assignment in specific jurisdictions

Authors

Alex Denne

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

Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Advertising and Marketing

Education and Research

Arts and Culture

Digital Content Creation

Gaming

Music Industry

Photography

Graphic Design

Research and Development

Relevant Teams

Legal

Intellectual Property

Creative Services

Content Development

Research and Development

Publishing

Business Development

Contract Administration

Digital Rights Management

Innovation

Relevant Roles

Intellectual Property Lawyer

Legal Counsel

Copyright Officer

Content Creator

Creative Director

Software Developer

Author

Artist

Photographer

Research Director

Publishing Manager

Business Development Manager

Contracts Manager

Chief Legal Officer

Head of Innovation

Digital Rights Manager

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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