The Transfer of Copyright Agreement is a crucial legal instrument used when permanently transferring ownership of copyrighted works in Malaysia. This document is essential when creators, companies, or institutions wish to sell or permanently transfer their copyright interests to another party. The agreement must comply with the Malaysian Copyright Act 1987 and addresses key aspects such as the scope of rights being transferred, consideration, warranties, and delivery terms. It's commonly used in situations involving the sale of creative works, company acquisitions, publishing deals, or software development projects where complete transfer of copyright ownership is required. The document provides legal certainty for both parties and helps prevent future disputes regarding ownership rights.
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1. Parties: Identification of the copyright owner (transferor) and the recipient (transferee) with full legal names and addresses
2. Background: Context of the agreement, including the nature of the copyrighted work and the parties' intention to transfer ownership
3. Definitions: Key terms used in the agreement, including 'Work', 'Intellectual Property Rights', 'Effective Date', and other relevant definitions
4. Transfer of Rights: Explicit statement of transfer of copyright ownership, including all associated rights and territories covered
5. Consideration: Details of payment or other consideration for the transfer of copyright
6. Warranties and Representations: Transferor's warranties regarding ownership, originality, and right to transfer the copyright
7. Delivery: Requirements for delivery of the work and associated materials
8. Further Assurance: Obligation to execute additional documents and take necessary steps to perfect the transfer
9. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
10. Execution: Signature blocks and execution requirements
1. Moral Rights: Specific handling of moral rights, particularly relevant for artistic, literary, or musical works
2. Registration: Provisions for registration of the transfer with relevant copyright offices, if applicable
3. Confidentiality: Obligations regarding confidential information, if any sensitive information is involved
4. International Rights: Specific provisions for international copyright protection and transfer, if the work will be used internationally
5. Taxes: Allocation of responsibility for taxes related to the transfer
6. Survival: Specification of which provisions survive termination of the agreement
1. Schedule 1 - Description of Works: Detailed description of the copyrighted works being transferred, including all versions and formats
2. Schedule 2 - Payment Terms: Detailed payment schedule, amounts, and methods if payment is not made in a single transaction
3. Schedule 3 - Delivery Requirements: Specific requirements for delivery of works, including format, medium, and technical specifications
4. Appendix A - Copyright Registrations: List of existing copyright registrations or applications related to the works
5. Appendix B - Prior Licenses: Details of any existing licenses or permissions that will remain in effect after the transfer
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