Assignment And License Of Copyright for Germany

Assignment And License Of Copyright Template for Germany

A comprehensive legal agreement governed by German law that facilitates the transfer of copyright exploitation rights and licensing arrangements from a creator to another party. This document addresses the unique aspects of German copyright law, including the inalienable nature of moral rights (Urheberpersönlichkeitsrechte) and the framework for granting extensive usage rights (Nutzungsrechte). It details the scope of rights transferred, territorial limitations, compensation terms, and includes specific provisions for both assignment and licensing of intellectual property while ensuring compliance with the German Copyright Act (Urheberrechtsgesetz).

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What is a Assignment And License Of Copyright?

The Assignment And License Of Copyright agreement under German law is essential for businesses and individuals seeking to transfer or acquire copyright exploitation rights while complying with German legal requirements. Unlike common law jurisdictions, German copyright law does not permit complete transfer of copyright ownership, instead focusing on the comprehensive granting of usage rights (Nutzungsrechte) while preserving the creator's moral rights. This document is typically used in commercial transactions involving intellectual property, such as software development, content creation, or publishing arrangements. It provides a detailed framework for the scope of rights granted, compensation structures, and usage permissions while ensuring compliance with the German Copyright Act (Urheberrechtsgesetz) and related regulations.

What sections should be included in a Assignment And License Of Copyright?

1. Parties: Identification of the assignor/licensor and assignee/licensee, including full legal names and addresses

2. Background: Context of the agreement, description of the work(s), and parties' relationship

3. Definitions: Key terms including 'Work', 'Intellectual Property Rights', 'Territory', 'Term', and specific usage rights

4. Grant of Rights: Comprehensive grant of exploitation rights (Nutzungsrechte) under German law, specifying exclusive vs. non-exclusive rights

5. Scope of Rights: Detailed description of permitted uses, territories, and duration of the granted rights

6. Moral Rights: Acknowledgment of moral rights (Urheberpersönlichkeitsrechte) and agreement on their exercise

7. Compensation: Payment terms, royalties, and any other financial considerations

8. Warranties and Representations: Assignor's/licensor's warranties regarding ownership and right to transfer

9. Delivery and Documentation: Requirements for delivery of the work and associated materials

10. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

What sections are optional to include in a Assignment And License Of Copyright?

1. Sub-licensing Rights: Include when the assignee/licensee needs the right to grant licenses to third parties

2. Territory Restrictions: Include when the rights are limited to specific geographical areas

3. Quality Control: Include for cases where the assignor wants to maintain quality standards for the work's use

4. Moral Rights Waiver: Include specific provisions about waivable aspects of moral rights (where permitted by German law)

5. Reversion Rights: Include conditions under which rights might revert to the original author

6. Future Works: Include when the agreement covers works yet to be created

7. Confidentiality: Include when confidential information will be exchanged

8. Non-Competition: Include restrictions on competing activities (subject to German competition law)

What schedules should be included in a Assignment And License Of Copyright?

1. Schedule 1 - Works: Detailed description of the copyright works being assigned/licensed

2. Schedule 2 - Permitted Uses: Specific list of authorized uses and exploitation rights

3. Schedule 3 - Payment Terms: Detailed payment schedule, royalty calculations, and reporting requirements

4. Schedule 4 - Technical Specifications: Technical details and format requirements for the work's delivery

5. Appendix A - Prior Rights: List of any pre-existing rights or third-party materials incorporated in the works

6. Appendix B - Territory Specifications: Detailed breakdown of territorial restrictions and applicable rights

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

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Technology

Media and Entertainment

Publishing

Software Development

Gaming

Education

Research and Development

Advertising

Digital Content Creation

Photography

Music Industry

Film and Television

Graphic Design

Professional Services

Relevant Teams

Legal

Intellectual Property

Contracts Administration

Content Creation

Creative Services

Software Development

Publishing

Rights Management

Business Development

Research and Development

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Copyright Attorney

Contract Manager

Content Creator

Creative Director

Software Developer

Author

Artist

Photographer

Publishing Manager

Rights Manager

Licensing Manager

Business Development Manager

IP Portfolio 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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