The Copyright Transfer Form serves as a crucial legal instrument in Austrian intellectual property law, facilitating the formal transfer of copyright ownership between parties. This document is essential when creators, authors, or rights holders wish to transfer their economic rights to another entity, such as in publishing agreements, software development projects, or media content creation. Under Austrian law, while economic rights can be fully transferred, moral rights (Urheberpersönlichkeitsrechte) remain with the original creator. The form must comply with the Austrian Copyright Act (Urheberrechtsgesetz) and relevant EU regulations, making it particularly important to clearly delineate the scope of rights being transferred, the terms of the transfer, and any retained rights or limitations.
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1. Parties: Identification of the copyright owner (transferor) and the recipient (transferee) with full legal names and addresses
2. Background: Context of the transfer, including brief description of the work and purpose of the transfer
3. Definitions: Key terms used in the agreement, including 'Work', 'Intellectual Property Rights', 'Moral Rights', and other relevant terms
4. Work Identification: Detailed description of the copyrighted work being transferred, including title, format, and any registration numbers
5. Transfer of Rights: Explicit statement of copyright transfer, specifying which rights are being transferred and which are retained (particularly moral rights)
6. Consideration: Statement of payment or other consideration for the transfer
7. Warranties and Representations: Transferor's warranties regarding ownership, originality, and right to transfer
8. Delivery: Terms for delivering the work and any associated materials
9. Effective Date: When the transfer becomes effective
10. Governing Law: Specification of Austrian law as governing law
11. Signatures: Execution block for both parties
1. Moral Rights Acknowledgment: Detailed section on moral rights retention when the transferor wishes to explicitly preserve certain moral rights
2. Territory: Specific geographical scope of the transfer when the rights transfer is limited to certain territories
3. Duration: Terms regarding duration of the transfer if it's not permanent
4. Reversion Rights: Conditions under which rights might revert to the original owner
5. Registration: Provisions for copyright registration if the work is not yet registered
6. Indemnification: Additional protection for the transferee against third-party claims
7. Dispute Resolution: Specific procedures for handling disputes, including mediation or arbitration provisions
8. Language: Required when the agreement is bilingual or when parties speak different languages
1. Schedule A - Work Description: Detailed description of the copyrighted work, including any identifying features, registration numbers, or samples
2. Schedule B - Payment Terms: Detailed breakdown of payment structure if the consideration is complex or involves multiple payments
3. Schedule C - Delivery Requirements: Technical specifications or format requirements for the work's delivery
4. Appendix 1 - Copies of Registrations: Copies of any existing copyright registrations or certificates
5. Appendix 2 - Prior Licenses: List of any existing licenses or permissions that will remain in effect
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