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Copyright Waiver Agreement Template for Netherlands

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Key Requirements PROMPT example:

Copyright Waiver Agreement

"I need a Copyright Waiver Agreement for a software application I developed, which I want to release as open source by March 2025, waiving all possible rights under Dutch law while acknowledging non-waivable moral rights."

Document background
The Copyright Waiver Agreement serves as a crucial legal instrument in situations where copyright holders wish to relinquish their rights to their creative works, either partially or completely, within the framework of Dutch law. This document is particularly relevant when creators want to make their works more freely available for public use, in open source projects, or for specific organizational purposes. The agreement must carefully navigate the requirements of the Dutch Copyright Act (Auteurswet), which distinctly protects moral rights that cannot be waived. Key considerations include clear identification of the works involved, explicit delineation of waived rights versus retained rights, and compliance with both Dutch national law and EU copyright directives. The document typically specifies the scope of the waiver, any conditions attached, and necessary representations about copyright ownership and authority to execute the waiver.
Suggested Sections

1. Parties: Identification and details of the copyright holder (waiving party) and the beneficiary of the waiver

2. Background: Context of the agreement, including the nature of the copyrighted work(s) and the purpose of the waiver

3. Definitions: Definitions of key terms used in the agreement, including 'Work', 'Copyright', 'Waiver', and any other relevant terms

4. Subject Matter: Detailed identification of the copyrighted work(s) subject to the waiver

5. Waiver of Rights: Explicit statement of which copyright rights are being waived, with clear acknowledgment of non-waivable moral rights under Dutch law

6. Representations and Warranties: Copyright holder's confirmations regarding ownership and right to waive the copyright

7. Effectiveness: When and how the waiver takes effect

8. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Consideration: Required if there is payment or other consideration for the waiver

2. Retained Rights: Description of any rights specifically retained by the copyright holder, including moral rights

3. Duration: If the waiver is time-limited rather than perpetual

4. Territory: If the waiver is limited to specific geographic regions

5. Assignment: If transfer of the benefit of the waiver is to be permitted or prohibited

6. Severability: Standard clause for partial invalidity, recommended for complex waivers

7. Third Party Rights: Whether third parties can benefit from or enforce the waiver

Suggested Schedules

1. Schedule 1 - Description of Works: Detailed description of all copyrighted works covered by the waiver, including creation dates, registration details if any, and unique identifiers

2. Schedule 2 - Specific Rights Waived: Detailed enumeration of specific copyright rights being waived

3. Schedule 3 - Retained Rights: Detailed description of any rights specifically retained, including moral rights

4. Appendix A - Copies of Copyright Registrations: If applicable, copies of any copyright registrations or other formal documentation of copyright ownership

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

Technology

Creative Arts

Publishing

Education

Research & Development

Media & Entertainment

Software Development

Cultural Heritage

Digital Content

Academic

Open Source

Non-Profit

Photography

Music Industry

Gaming Industry

Relevant Teams

Legal

Intellectual Property

Content Creation

Research & Development

Academic Affairs

Publishing

Digital Rights Management

Creative Services

Software Development

Open Source

Licensing

Content Strategy

Archives & Records

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Copyright Attorney

Content Creator

Artist

Author

Software Developer

Research Director

Academic Professor

Publishing Manager

Digital Rights Manager

Creative Director

Open Source Project Manager

IP Portfolio Manager

Licensing Manager

Content Strategy Director

Museum Curator

Archive Manager

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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