The Transfer of Copyright Agreement is essential for businesses and individuals in Indonesia seeking to legally transfer ownership of copyrighted works. This document is commonly used in situations where complete ownership transfer is required, such as in business acquisitions, content licensing deals, or when commissioning creative works. It must comply with Indonesian Law No. 28 of 2014 on Copyright, which specifically recognizes both economic and moral rights. The agreement should be used when there is a need to transfer all or specific copyright ownership rights, ensuring proper documentation of the transfer, consideration, and terms. It's particularly important in Indonesia where copyright registration and transfer must be properly documented to be enforceable against third parties.
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1. Parties: Identification of the copyright owner (transferor) and the recipient (transferee) with complete legal details
2. Background: Context of the agreement, description of the copyrighted work, and current ownership status
3. Definitions: Key terms used in the agreement including 'Work', 'Copyright', 'Economic Rights', 'Moral Rights', and other relevant terms
4. Subject Matter of Transfer: Detailed description of the copyright being transferred, including specific works covered
5. Scope of Transfer: Explicit details of what rights are being transferred, including all economic rights under Indonesian law
6. Transfer Price and Payment Terms: Consideration for the transfer and payment schedule
7. Moral Rights Declaration: Statement acknowledging the creator's moral rights as required under Indonesian law
8. Representations and Warranties: Transferor's warranties regarding ownership, right to transfer, and non-infringement
9. Effective Date and Transfer Process: When and how the transfer takes effect, including any registration requirements
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
11. Dispute Resolution: Process for resolving any disputes related to the agreement
1. Future Works: Include when the transfer covers works yet to be created
2. Territory: Include when the transfer is limited to specific geographical areas
3. Registration and Recordal: Include when specific registration requirements with Indonesian IP Office are needed
4. Confidentiality: Include when sensitive information is shared during the transfer process
5. Non-Competition: Include when restricting transferor's future activities in relation to similar works
6. Tax Provisions: Include when specific tax implications need to be addressed
7. Third Party Rights: Include when the work involves third-party materials or licenses
1. Schedule 1 - Description of Works: Detailed description of all copyrighted works being transferred
2. Schedule 2 - Economic Rights: Comprehensive list of economic rights being transferred as per Indonesian Copyright Law
3. Schedule 3 - Transfer Price Breakdown: Detailed breakdown of payment terms and schedules if complex payment structure exists
4. Appendix A - Copies of Copyright Registrations: Copies of existing copyright registrations or certificates
5. Appendix B - Form of Assignment: Template for formal assignment document required for registration with Indonesian IP Office
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