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Copyright Transfer Contract

Copyright Transfer Contract Template for Denmark

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Copyright Transfer Contract

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Document background
The Copyright Transfer Contract is a crucial legal instrument used in Denmark when transferring ownership of copyrighted works from one party to another. This document is essential when creators, authors, or copyright holders wish to permanently transfer their copyright to publishers, companies, or other entities. The contract must comply with the Danish Copyright Act (Ophavsretsloven) and consider EU copyright directives, particularly regarding moral rights which receive strong protection under Danish law. It's commonly used in publishing, media, software development, and creative industries where complete transfer of copyright ownership is necessary for commercial exploitation of works. The document includes detailed provisions about the scope of transfer, consideration, warranties, and specific usage rights, while addressing Danish legal requirements for copyright transfers.
Suggested Sections

1. Parties: Identification of the copyright owner (transferor) and the recipient (transferee), including full legal names, addresses, and registration numbers if applicable

2. Background: Context of the transfer, nature of the copyrighted work(s), and the parties' relationship

3. Definitions: Key terms used in the agreement, including 'Work', 'Intellectual Property Rights', 'Moral Rights', etc.

4. Subject Matter of Transfer: Detailed description of the copyright and related rights being transferred

5. Scope of Transfer: Extent of rights transferred, including territorial scope, duration, and specific uses permitted

6. Moral Rights: Statement regarding moral rights under Danish law, which cannot be fully transferred but can be waived to some extent

7. Warranties and Representations: Transferor's warranties regarding ownership, right to transfer, and non-infringement

8. Consideration: Payment or other consideration for the transfer of rights

9. Effective Date and Duration: When the transfer takes effect and its duration

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

Optional Sections

1. Revenue Sharing: Terms for sharing future revenue from the work, if applicable

2. Credit and Attribution: Requirements for crediting the original creator, if retained

3. Derivative Works: Rights and restrictions regarding creation of derivative works

4. Reversion Rights: Conditions under which rights may revert to the original owner

5. Sub-licensing Rights: Terms governing the transferee's right to sub-license the work to third parties

6. Digital Rights Management: Requirements for technological protection measures

7. Confidentiality: Provisions for maintaining confidentiality of certain aspects of the transfer

8. Tax Provisions: Specific tax considerations and obligations related to the transfer

Suggested Schedules

1. Schedule A - Description of Works: Detailed description of all copyrighted works being transferred, including creation dates and registration details

2. Schedule B - Existing Licenses: List of any existing licenses or agreements affecting the transferred works

3. Schedule C - Payment Schedule: Detailed payment terms, including any royalties or staged payments

4. Schedule D - Permitted Uses: Specific list of permitted uses and any restrictions on use of the transferred works

5. Appendix 1 - Copyright Registrations: Copies of any copyright registrations or other formal documentation of ownership

6. Appendix 2 - Prior Rights: Documentation of any third-party rights, permissions, or licenses that affect the transferred works

Authors

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Relevant legal definitions
Agreement
Assignee
Assignor
Commercial Exploitation
Confidential Information
Copyright
Derivative Works
Effective Date
Intellectual Property Rights
License
Moral Rights
Net Revenue
Permitted Uses
Related Rights
Royalties
Territory
Third Party Rights
Transfer Date
Work
Author
Digital Rights
Distribution Rights
Documentation
Exploitation Rights
Future Rights
Improvements
Original Work
Publication Rights
Reproduction Rights
Sub-license
Term
Translation Rights
Usage Rights
Economic Rights
Consideration
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Copyright Act (Ophavsretsloven): Primary legislation governing copyright protection, transfer of rights, scope of protection, and duration of copyright in Denmark. Implements EU copyright directives.
Danish Contracts Act (Aftaleloven): Governs the formation and validity of contracts, including requirements for offer and acceptance, representation, and grounds for invalidity of contracts.
Danish Administration of Justice Act (Retsplejeloven): Relevant for enforcement of copyright and procedural aspects of copyright disputes, including jurisdiction and venue provisions.
Act on Protection of Databases (Lov om beskyttelse af databaser): Protects databases and their contents, relevant if the copyright transfer involves databases or structured collections of works.
EU Copyright Directive (2001/29/EC): European Union directive implemented in Danish law, harmonizing certain aspects of copyright and related rights in the information society.
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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