The Deed of Assignment of Copyright is a crucial legal instrument in Canadian intellectual property transactions. It is used when there needs to be a complete transfer of copyright ownership, rather than just a license to use the work. This document is essential in various commercial contexts, from publishing and media to software development and artistic works. The deed must comply with Canadian legal requirements, including those set out in the Copyright Act and provincial laws regarding deed execution. It typically includes detailed information about the work(s) being assigned, warranties of ownership, consideration for the transfer, and may address moral rights, which receive specific protection under Canadian law. This type of deed is commonly used in business acquisitions, publishing agreements, employment situations where intellectual property needs to be transferred, and in situations where creators wish to sell their rights outright.
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1. Parties: Identification of the Assignor (current copyright owner) and Assignee (recipient of copyright), including full legal names and addresses
2. Background: Context of the assignment, including the Assignor's ownership of the copyright and the parties' intention to transfer the rights
3. Definitions: Definitions of key terms used in the deed, including 'Work(s)', 'Intellectual Property Rights', 'Territory', and other relevant terms
4. Assignment: The operative clause that effects the transfer of copyright, specifying the rights being assigned and confirming that this is an absolute assignment
5. Consideration: Details of the payment or other consideration given for the assignment
6. Assignor's Warranties: Warranties from the Assignor regarding ownership, right to assign, non-infringement, and no existing licenses or encumbrances
7. Further Assurance: Commitment to execute any additional documents necessary to perfect the assignment
8. Governing Law and Jurisdiction: Specification that the deed is governed by Canadian law and designation of jurisdiction for disputes
9. Execution: Formal execution block for signing, witnessing, and dating the deed
1. Moral Rights: Section dealing with the waiver of moral rights - particularly important in Canada where moral rights are explicitly protected
2. Royalties: Include when the assignment involves ongoing payments or royalties rather than a one-time payment
3. International Rights: Specific provisions for international copyright protection when the works are used globally
4. Existing Licenses: Section addressing any existing licenses that will continue after the assignment
5. Tax Provisions: Include when there are specific tax considerations or requirements regarding the assignment
6. Confidentiality: Include when confidential information is involved in the transaction
7. Registration: Include when the assignment needs to be registered with copyright offices or other authorities
1. Schedule A - Description of Works: Detailed description of all copyrighted works being assigned, including creation dates, registration numbers if applicable
2. Schedule B - Existing Licenses: List of any existing licenses, permissions, or rights granted to third parties that will survive the assignment
3. Schedule C - Payment Terms: Detailed breakdown of payment structure, especially if involving installments or royalties
4. Schedule D - Territory Details: Specific details about the geographical scope of the assignment if not worldwide
5. Schedule E - Registered Rights: List of any registered copyrights including registration numbers and jurisdictions
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