The Transfer Of Copyright Ownership Form is a crucial legal instrument used in Austria when permanently transferring copyright ownership from one party to another. This document is essential when creators, companies, or rights holders wish to sell or otherwise transfer their copyright interests entirely, rather than just licensing them. The form must comply with the Austrian Copyright Act (Urheberrechtsgesetz) and relevant EU regulations, making it more comprehensive than a simple assignment. It's commonly used in situations such as company acquisitions, sale of creative works, or transfer of intellectual property portfolios. The document must be in writing and typically includes detailed descriptions of the work(s), transfer terms, warranties, and consideration, ensuring legal certainty for all parties involved.
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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 confirmation of the transferor's ownership of the copyright
3. Definitions: Key terms used in the agreement, including 'Work', 'Copyright', 'Transfer Date', and other relevant terms
4. Subject Matter of Transfer: Detailed description of the copyrighted work(s) being transferred
5. Scope of Transfer: Specific rights being transferred and any territorial limitations
6. Transfer Declaration: Express statement of transfer of copyright ownership
7. Consideration: Details of payment or other consideration for the transfer
8. Warranties: Transferor's warranties regarding ownership and right to transfer
9. Effective Date: Date when the transfer becomes effective
10. Governing Law: Confirmation that Austrian law governs the transfer
11. Signatures: Execution block for parties' signatures and date
1. Moral Rights: Statement regarding moral rights retention/waiver, used when specifically addressing personality rights under Austrian law
2. Registration: Provisions for copyright registry recording, used when registration is desired for public record
3. Existing Licenses: Details of any existing licenses that will remain in effect, used when relevant licenses exist
4. Tax Provisions: Specific tax-related provisions, used when transfer has significant tax implications
5. Future Works: Provisions for transfer of future modifications or derivatives, used when applicable
6. Dispute Resolution: Specific dispute resolution procedures, used in high-value transfers
7. Language: Language provisions, used when parties operate in multiple languages
1. Schedule A - Work Description: Detailed description of the copyrighted work(s) including creation date, registration details if any
2. Schedule B - Rights Transferred: Comprehensive list of specific rights being transferred
3. Schedule C - Existing Licenses: List of any existing licenses or agreements affecting the copyright
4. Appendix 1 - Proof of Copyright Ownership: Documentation proving transferor's ownership of copyright
5. Appendix 2 - Payment Schedule: Details of payment terms and schedule if applicable
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