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Transfer Of Copyright Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Transfer Of Copyright Agreement

"I need a Transfer of Copyright Agreement governed by Hong Kong law for transferring ownership of a proprietary software application to a multinational tech company, with the transfer to be effective from March 1, 2025, including all source code and associated intellectual property rights."

Document background
The Transfer of Copyright Agreement is a crucial legal instrument used when complete ownership of copyright needs to be transferred from one party to another in Hong Kong. This document is essential in situations where there is a need for absolute transfer of copyright ownership, such as in company acquisitions, sale of creative works, or transfer of intellectual property assets. The agreement must comply with Hong Kong's Copyright Ordinance (Cap. 528) and addresses key aspects including the scope of rights transferred, consideration, warranties, and moral rights. It's commonly used in commercial transactions involving creative works, software, literary works, artistic works, or other copyright-protected materials. The document provides legal certainty for both parties and helps prevent future disputes by clearly documenting the terms and conditions of the copyright transfer.
Suggested Sections

1. Parties: Identification of the copyright owner (assignor) and the recipient (assignee) with full legal names and addresses

2. Background: Context of the transfer, including confirmation of the assignor's ownership of the copyright and the intention to transfer

3. Definitions: Key terms used in the agreement, including 'Work', 'Intellectual Property Rights', 'Effective Date', and other relevant terms

4. Transfer of Copyright: Core provision transferring all copyright and related rights from assignor to assignee

5. Consideration: Details of payment or other consideration for the transfer

6. Warranties and Representations: Assignor's warranties regarding ownership, right to transfer, non-infringement, and absence of third-party claims

7. Moral Rights: Treatment of moral rights, including any waiver or acknowledgment of retention of moral rights as permitted under Hong Kong law

8. Further Assurance: Obligation to execute additional documents and take necessary steps to perfect the transfer

9. Indemnification: Provisions for indemnification in case of breach of warranties or representations

10. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

Optional Sections

1. Rights Reserved: Used when the assignor wishes to retain certain specific rights or uses of the work

2. Royalties: Include when the transfer includes ongoing royalty payments rather than just a one-time payment

3. International Rights: Specific provisions for international protection and enforcement when the work will be used globally

4. Confidentiality: Required when sensitive information about the work or transfer needs protection

5. Registration: Include when the transfer needs to be registered with copyright offices in specific jurisdictions

6. Reversionary Rights: Used when there are conditions under which the copyright might revert to the original owner

7. Sub-licensing Rights: Include when specifically granting or restricting the assignee's right to sub-license the work

Suggested Schedules

1. Schedule 1 - Description of Work(s): Detailed description of the copyright work(s) being transferred, including creation date, registration details if any, and any identifying features

2. Schedule 2 - Payment Terms: Detailed breakdown of payment structure, including any installments or conditional payments

3. Schedule 3 - Existing Licenses: List of any existing licenses or permissions granted to third parties that will survive the transfer

4. Appendix A - Copy of Work: Physical or digital copy of the work(s) being transferred, or samples thereof

5. Appendix B - Copyright Registrations: Copies of any existing copyright registrations or certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses































Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Arts and Culture

Music Industry

Advertising

Gaming

Education

Fashion and Design

Professional Services

Digital Content Creation

Relevant Teams

Legal

Intellectual Property

Content Creation

Publishing

Rights Management

Business Development

Creative Services

Contract Administration

Corporate Development

Product Development

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Content Creator

Artist

Author

Software Developer

Publishing Rights Manager

Copyright Administrator

Business Development Manager

Creative Director

Contract Manager

Literary Agent

Music Producer

Game Developer

Chief Legal Officer

Intellectual Property Director

Industries






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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