The Copyright Release Agreement is essential for businesses and individuals seeking to transfer copyright ownership in Indonesia. This document is specifically designed to comply with Indonesian copyright law, particularly Law No. 28 of 2014 on Copyright, which provides strong protection for both economic and moral rights. The agreement is commonly used in scenarios where complete transfer of copyright ownership is desired, such as work-for-hire arrangements, content acquisition, or business transactions involving intellectual property. It must carefully balance the transfer of economic rights while addressing moral rights, which cannot be fully waived under Indonesian law. The document includes crucial elements such as identification of the copyrighted works, warranties of ownership, indemnification provisions, and may also address registration requirements with Indonesian copyright authorities.
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1. Parties: Identification of the copyright owner (assignor) and the recipient (assignee) with complete legal names and addresses
2. Background: Context of the agreement, relationship between parties, and brief description of the copyrighted work(s)
3. Definitions: Definitions of key terms including 'Work', 'Intellectual Property Rights', 'Moral Rights', and other relevant terms
4. Subject Matter: Detailed description of the copyrighted work(s) being released
5. Grant of Rights: Express terms of the copyright release, including scope of rights transferred and territory
6. Moral Rights: Acknowledgment of moral rights and extent of their assertion/waiver as permitted under Indonesian law
7. Warranties and Representations: Copyright owner's warranties regarding ownership, right to transfer, and non-infringement
8. Indemnification: Indemnification obligations of the copyright owner for breach of warranties
9. Effective Date and Duration: When the release takes effect and its duration
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and choice of jurisdiction for disputes
11. Execution: Signature blocks and execution requirements
1. Consideration: Details of payment or other consideration, if the release is not gratuitous
2. Future Works: Provisions regarding derivative works or future versions of the work
3. Confidentiality: Confidentiality obligations regarding the terms of the agreement or related information
4. Registration: Obligations regarding copyright registration and recording of the transfer
5. Royalties: Include when there are ongoing payments rather than a one-time transfer
6. Reversion Rights: Conditions under which rights might revert to the original copyright owner
7. Electronic Execution: Provisions for electronic signing if agreement will be executed digitally
1. Schedule A - Description of Works: Detailed description of all copyrighted works covered by the release, including registration numbers if applicable
2. Schedule B - Payment Terms: Detailed payment schedule and terms if consideration is being provided
3. Schedule C - Existing Licenses: List of any existing licenses or permissions that will remain in effect
4. Appendix 1 - Copy of Works: Physical or digital copies of the works being transferred
5. Appendix 2 - Copyright Registrations: Copies of copyright registration certificates if applicable
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