The Copyright Agreement For Artwork is essential for any transaction involving the transfer or licensing of artistic works in Malaysia. This document is particularly crucial in the current digital age where artwork can be easily reproduced and distributed across multiple platforms. It ensures compliance with Malaysian copyright law, particularly the Copyright Act 1987, and provides clear terms for ownership, usage rights, and compensation. The agreement is commonly used when commissioning artwork, licensing existing works, or transferring copyright ownership. It includes vital provisions for both traditional and digital art forms, addressing modern concerns such as online distribution and merchandising rights while protecting the moral rights of artists as recognized under Malaysian law.
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1. Parties: Identifies the Artist/Copyright Owner and the Assignee/Licensee with full legal names and addresses
2. Background: Establishes the context of the agreement, confirming the Artist's ownership of the artwork and the intended purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement including 'Artwork', 'Copyright', 'Territory', 'Term', and 'Usage Rights'
4. Copyright Ownership: Confirms the original ownership of copyright by the Artist and details of the artwork's creation
5. Grant of Rights: Specifies the nature of rights being transferred (assignment or license) and the scope of permitted use
6. Territory and Duration: Defines the geographical areas where the rights apply and the duration of the agreement
7. Payment Terms: Details the financial compensation, including any royalties, one-time payments, or recurring fees
8. Moral Rights: Addresses the artist's moral rights, including right of attribution and protection against derogatory treatment
9. Warranties and Representations: Artist's warranties regarding ownership, originality, and non-infringement of third-party rights
10. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and defines jurisdiction for dispute resolution
1. Digital Rights: Used when the agreement needs to specifically address digital reproduction, online display, or NFT creation
2. Commissioned Work Terms: Included when the artwork is specifically commissioned, detailing requirements and approval process
3. Merchandising Rights: When the artwork may be used on merchandise or commercial products
4. Exhibition Rights: For agreements that need to specify terms for public display or exhibition of the artwork
5. Modification Rights: When the assignee/licensee needs rights to modify or create derivative works
6. Sublicensing Rights: When the assignee/licensee is permitted to sublicense the artwork to third parties
7. Termination for Breach: Detailed termination provisions beyond standard termination clauses
8. Confidentiality: When specific confidentiality provisions are needed regarding the artwork or commercial terms
1. Schedule A - Artwork Specification: Detailed description of the artwork including medium, dimensions, date of creation, and images
2. Schedule B - Usage Rights: Specific details of permitted and prohibited uses of the artwork
3. Schedule C - Payment Schedule: Detailed breakdown of payments, royalty rates, and payment terms
4. Schedule D - Technical Requirements: Technical specifications for digital reproduction or printing if applicable
5. Appendix 1 - Reproduction Guidelines: Guidelines for how the artwork may be reproduced, including color specifications and quality requirements
Authors
Relevant legal definitions
Clauses
Relevant Industries
Arts and Entertainment
Media and Publishing
Advertising and Marketing
Digital Technology
Retail and Merchandising
Education
Cultural Heritage
Fashion and Luxury
Gaming and Interactive Media
Corporate Branding
Relevant Teams
Legal
Intellectual Property
Creative Services
Brand Management
Digital Content
Licensing
Corporate Communications
Marketing
Publishing
Merchandising
Art Acquisitions
Rights Management
Relevant Roles
Legal Counsel
Intellectual Property Lawyer
Artist
Art Director
Creative Director
Licensing Manager
Content Acquisition Manager
Gallery Manager
Publishing Rights Manager
Brand Manager
Digital Rights Manager
Merchandising Director
Corporate Communications Manager
Museum Curator
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