Agreement for Copyright Assignment

What is a copyright transfer agreement in Australia?

A copyright assignment agreement is a legally binding contract under which the owner of a copyright (assignor) transfers all or some of their intellectual property rights over the copyright to the other party (assignee). This document is the sole legal tool that allows for the compliant assignment of copyrights between individuals and businesses in Australia.

The present copyright assignment agreement template can be used for various types of copyright, including:

• graphic design;
• programming code;
• artwork;
• films;
• podcasts;
• musical work s;
• songs and sound recordings, etc.

Once the assignment of the copyright is finalised, the assignee becomes the legal owner of some or all of the transferred intellectual property rights for the copyrights. These IP rights may include, for example, the right to reproduce, to perform, to adapt, to publish, to license, and to distribute, as well as some moral rights such as the right to be recognised as an author.

Why do you need a copyright assignment agreement?

Having a professionally drafted copyright assignment agreement form helps:

• to transfer copyright in accordance with the Australian Copyright Act 1968;
• to clearly define the conditions of a transfer;
• to minimise the risk of disputes between the original and the new owner of the copyright;
• to confirm whether the original creator retains any rights;
• to ensure clarity to third parties with regard to the usage and application of the copyright.

This document template cannot be used, however, for the temporary transfer of certain rights to use copyright, known as a licence agreement. In that case a copyright licensing agreement should be used instead.

What should be included in the copyright assignment agreement template?

A standard sample copyright assignment agreement in Australia has a simple structure and must include certain elements to be a complete and valid document.

Copyright Description

The text of a copyright assignment agreement form shall provide a detailed description of a copyright being transferred, including:

• a copyright’s title (for example, “Love and Life”);
• a copyright’s type, such as a song, novel, or poem;
• a copyright’s size or other measurable characteristics, such as number of pages, etc.;
• a copyright’s short description (for example, a poem about a couple who lives on the remote island).

More detailed descriptions can be attached in a separate annex to the present agreement.

Compensation

Usually a transfer or assignment of intellectual property rights over a copyright requires an assignee to pay a compensation. The agreed amount of compensation must be stated in Australian dollars, excluding all applicable taxes such as goods and services tax (GST), etc.

Apart from that, the text of a contract shall outline acceptable payment methods an assignee can use to pay for the transfer, as well as payment deadlines.

Legal Warranties and Representations

An important part of every copyright assignment agreement is the inclusion of an assignor’s legal warranties and representations. These are legal statements that describe the nature of a copyright and the assignor’s scope of rights, as well as other applicable limitations over the transferred copyright. In this part of a contract, an assignor must disclose:

• whether there are any other owners of the transferred copyright who were not notified about this transaction?
• if there are other owners of the copyright, whether they consent to such a transaction?
• whether there is any ongoing litigation related to the copyright?
• whether there are any existing licence agreements effective for the usage of some or all of the copyright transferred under this agreement?

An assignor’s failure to provide clear legal title for the transferred copyright, as well as non-disclosure of certain limitations, may result in the present copyright assignment agreement not being legally valid.

Australian Step-by-Step Guide for the Copyright Assignment

Define the Scope

The effectiveness of every copyright assignment agreement for artwork or any other type of copyright largely depends on how clearly the scope of transferred rights is being defined in the text of a contract. Ambiguity of applied wording can lead to disputes, so it is necessary to outline the scope clearly.

Under Australian copyright law, the assignor can retain some rights for the transferred copyright. It is not only moral rights such as the right to be known as an author of a copyright but also some other rights. For example, the assignor may sell IP rights in the drawings to the assignee, however the assignor keeps reproducing rights for the said drawings, allowing him or her to transfer or license them in the future to other third parties.

Read the Document

Once the final document is ready, both parties must carefully read it to ensure that each party’s identification details, scope of the assignment and consideration are accurate.

Seek Legal Advice

It is strongly recommended to obtain legal advice before signing. A typical sample copyright assignment agreement usually includes a legal advice warning stating that both parties have been given an opportunity to obtain legal advice and decided either to get it or refuse. Such a disclaimer protects either party from potential future claims against each other that either party does not know the consequences of signing this agreement.

Sign the Document

At this stage, the parties shall sign the final document to make it legally valid. The document must be executed in two copies – one copy for each party. The signatures should be put in the presence of a witness.

How to customise a copyright assignment agreement with FasterDraft?

To get a fully customisable document template, follow the instructions given below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format – copyright assignment agreement PDF or Word.
4. Make a payment.

The document is ready for instant download immediately after the purchase.