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Copyright Waiver Agreement

Copyright Waiver Agreement Template for Philippines

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Key Requirements PROMPT example:

Copyright Waiver Agreement

"I need a Copyright Waiver Agreement for a collection of software code and related documentation that I developed, to be waived in favor of my employer's open-source initiative launching in March 2025; the agreement should comply with Philippine law while ensuring I retain appropriate moral rights."

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Document background
The Copyright Waiver Agreement is essential in situations where a copyright owner wishes to formally relinquish certain rights to their creative or intellectual work. This document is particularly relevant in the Philippines, where it must comply with the Intellectual Property Code (Republic Act No. 8293) and related regulations. The agreement should clearly identify the copyrighted work, specify which rights are being waived, and acknowledge the limitations on waiving moral rights under Philippine law. It's commonly used in scenarios involving content sharing, open-source projects, academic publications, or commercial arrangements where copyright flexibility is needed. The document provides legal protection for both the copyright owner and the recipient by clearly documenting the scope and terms of the waiver.
Suggested Sections

1. Parties: Identifies and provides full details of the Copyright Owner/Author and the Recipient

2. Background: Explains the context of the agreement, identifies the copyrighted work(s), and states the intention to waive certain rights

3. Definitions: Defines key terms used throughout the agreement, including 'Work', 'Copyright', 'Moral Rights', and other relevant terms

4. Identification of Work: Detailed description of the copyrighted work(s) covered by the waiver

5. Waiver of Rights: Explicit statement of which copyright rights are being waived, subject to Philippine law limitations

6. Reservation of Rights: Specifies any rights that the Copyright Owner retains, including non-waivable moral rights under Philippine law

7. Warranties and Representations: Copyright Owner's warranties regarding ownership and right to waive copyright

8. Duration: Specifies the term of the waiver (typically perpetual)

9. Governing Law: Confirms that Philippine law governs the agreement

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Consideration: Include when there is payment or other consideration for the waiver

2. Territory: Include when the waiver is limited to specific geographic regions

3. Assignment: Include when there's a need to address whether rights under the waiver can be assigned to third parties

4. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms

5. Severability: Include when parties want to ensure partial invalidity doesn't void entire agreement

6. Indemnification: Include when one party needs to be protected against third-party claims

Suggested Schedules

1. Schedule 1 - Description of Work: Detailed description of the copyrighted work(s), including any registration numbers

2. Schedule 2 - Specific Rights Waived: Itemized list of specific rights being waived

3. Schedule 3 - Reserved Rights: Detailed list of rights specifically reserved by the Copyright Owner

4. Appendix A - Copy of Copyright Registration: Copies of relevant copyright registration certificates, if applicable

5. Appendix B - Prior Licenses or Agreements: Copies of any relevant prior agreements affecting the copyrighted work

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Media and Entertainment

Publishing

Software Development

Education

Advertising

Digital Arts

Music Industry

Film and Television

Gaming

Technology

Research and Development

Creative Arts

Photography

Graphic Design

Web Development

Relevant Teams

Legal

Intellectual Property

Content Creation

Creative Services

Publishing

Research & Development

Digital Rights Management

Compliance

Contract Administration

Media Rights

Product Development

Academic Affairs

Corporate Communications

Relevant Roles

Intellectual Property Lawyer

Legal Counsel

Content Creator

Artist

Author

Software Developer

Creative Director

Publishing Manager

Research Director

Academic Administrator

Copyright Officer

Licensing Manager

Media Rights Manager

Digital Content Manager

Legal Operations Manager

Compliance Officer

Contract Administrator

Industries
Intellectual Property Code of the Philippines (Republic Act No. 8293): Primary legislation governing intellectual property rights in the Philippines, including copyright protection, transfer, and licensing
Civil Code of the Philippines (Republic Act No. 386): Provides the general framework for contracts and obligations, including requirements for valid contracts and principles of interpretation
Berne Convention for the Protection of Literary and Artistic Works: International treaty setting minimum standards for copyright protection, which the Philippines has ratified and incorporated into domestic law
Executive Order No. 60: Strengthens the regulatory framework for intellectual property rights in the Philippines and provides additional guidelines for enforcement
Rules and Regulations on Administrative Complaints for Violation of Laws Involving Intellectual Property Rights: Implementing rules that detail procedures and requirements for IP-related matters, including copyright enforcement
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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