A Copyright Purchase Agreement is essential when transferring complete ownership of copyrighted works in the United States. This document is used when a party wishes to sell their entire copyright interest rather than just license certain rights. The agreement must comply with both federal copyright law (17 U.S.C.) and state contract laws, requiring written documentation of the transfer. It typically includes detailed descriptions of the work, warranties of ownership, consideration, and terms of transfer.
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1. Parties: Identification of the copyright owner (seller) and purchaser with full legal names and addresses
2. Background: Context of the agreement and description of the copyrighted work(s) being transferred
3. Definitions: Key terms used throughout the agreement including 'Work', 'Intellectual Property Rights', 'Effective Date'
4. Transfer of Rights: Explicit statement of copyright transfer and scope of rights being transferred
5. Consideration: Purchase price and payment terms
6. Warranties and Representations: Seller's warranties regarding ownership and right to transfer
7. Governing Law: Jurisdiction and applicable law
1. Moral Rights: Waiver or reservation of moral rights - include when dealing with works of visual art or international transfers
2. Registration: Responsibilities for copyright registration - include when the work is not yet registered with the Copyright Office
3. Territory: Geographic scope of the transfer - include when rights are being transferred for specific territories only
4. Indemnification: Mutual or one-way indemnification provisions - include when additional protection against third-party claims is needed
1. Schedule A - Description of Work: Detailed description of the copyrighted work(s) being transferred
2. Schedule B - Prior Licenses: List of any existing licenses or encumbrances on the copyright
3. Schedule C - Registration Details: Copyright registration numbers and details if applicable
4. Appendix 1 - Assignment Form: Form for recording the transfer with the Copyright Office
Relevant legal definitions
Agreement
Effective Date
Work
Copyright
Intellectual Property Rights
Moral Rights
Transfer Date
Consideration
Confidential Information
Territory
Encumbrances
Registration
Derivative Works
Prior Licenses
Representations
Warranties
Governing Law
Business Day
Assignment
Original Work
Force Majeure
Material Breach
Successor Rights
Notices
Effective Date
Work
Copyright
Intellectual Property Rights
Moral Rights
Transfer Date
Consideration
Confidential Information
Territory
Encumbrances
Registration
Derivative Works
Prior Licenses
Representations
Warranties
Governing Law
Business Day
Assignment
Original Work
Force Majeure
Material Breach
Successor Rights
Notices
Clauses
Transfer of Rights
Purchase Price
Payment Terms
Warranties and Representations
Indemnification
Moral Rights
Registration
Delivery
Confidentiality
Assignment
Further Assurances
Entire Agreement
Governing Law
Dispute Resolution
Force Majeure
Notices
Severability
Amendment
Waiver
Counterparts
Survival
Third Party Rights
Costs and Expenses
Territory Restrictions
Purchase Price
Payment Terms
Warranties and Representations
Indemnification
Moral Rights
Registration
Delivery
Confidentiality
Assignment
Further Assurances
Entire Agreement
Governing Law
Dispute Resolution
Force Majeure
Notices
Severability
Amendment
Waiver
Counterparts
Survival
Third Party Rights
Costs and Expenses
Territory Restrictions
Relevant Industries
Relevant Teams
Relevant Roles
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