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Shared Copyright Agreement

Shared Copyright Agreement Template for Denmark

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Shared Copyright Agreement

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Document background
The Shared Copyright Agreement is essential for situations where multiple parties contribute to the creation of copyrightable work or acquire joint ownership rights in Denmark. This document type is commonly used in creative collaborations, joint ventures, or situations where copyright ownership needs to be shared among different stakeholders. The agreement must comply with Danish copyright law (Ophavsretsloven) and relevant EU directives, particularly regarding moral rights which cannot be fully waived under Danish law. The document covers crucial aspects such as ownership percentages, commercial exploitation rights, revenue distribution, and collective decision-making processes. It's particularly important in creative industries, technology sector, and academic collaborations where intellectual property is jointly developed or managed.
Suggested Sections

1. Parties: Identification of all parties entering into the shared copyright agreement

2. Background: Context of the agreement, including the work's creation and the parties' contributions

3. Definitions: Key terms used throughout the agreement, including 'Work', 'Net Revenue', 'Commercial Exploitation'

4. Copyright Ownership: Declaration of shared copyright ownership and percentage splits between parties

5. Moral Rights: Acknowledgment of moral rights under Danish law and agreement on their exercise

6. Commercial Exploitation: Terms governing the commercial use and licensing of the work

7. Decision Making: Process for making decisions about the work's use and exploitation

8. Revenue Sharing: Distribution of revenue from the work's exploitation

9. Accounting and Reports: Requirements for financial reporting and transparency

10. Representations and Warranties: Parties' assurances regarding their rights and the work

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

Optional Sections

1. Third Party Rights: Required when the work incorporates third-party content or when third parties may have claims

2. International Rights: Needed when exploitation is planned outside Denmark

3. Derivative Works: Include when parties anticipate creating adaptations or derivatives

4. Marketing and Promotion: Required when specific marketing arrangements need to be agreed

5. Assignment and Succession: Include when transfer of rights to heirs or third parties needs specific regulation

6. Dispute Resolution: Optional alternative dispute resolution procedures beyond court jurisdiction

Suggested Schedules

1. Schedule 1 - The Work: Detailed description of the copyrighted work

2. Schedule 2 - Ownership Percentages: Detailed breakdown of ownership shares

3. Schedule 3 - Revenue Distribution: Specific revenue sharing calculations and mechanisms

4. Schedule 4 - Approved Uses: Pre-approved types of use and exploitation

5. Schedule 5 - Decision Making Procedures: Detailed procedures for different types of decisions

6. Appendix A - Initial Marketing Plan: If applicable, initial plans for commercial exploitation

7. Appendix B - Contribution Schedule: Detailed description of each party's contributions to the work

Authors

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Relevant legal definitions
Agreement
Work
Copyright
Moral Rights
Commercial Exploitation
Net Revenue
Gross Revenue
Territory
Effective Date
Intellectual Property Rights
Derivative Works
Joint Decision
Major Decision
Ownership Share
Distribution Period
Accounting Period
Licensed Rights
Permitted Uses
Background IP
Confidential Information
Exploitation Costs
Marketing Materials
Third Party Rights
Revenue Share
Collective Management
Commercial Purpose
Non-Commercial Purpose
Digital Rights
Publication Rights
Broadcasting Rights
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Copyright Act (Ophavsretsloven): The primary legislation governing copyright protection in Denmark, including provisions for ownership, transfer of rights, and moral rights
Danish Contracts Act (Aftaleloven): Governs the formation and validity of contracts in Denmark, essential for the agreement's enforceability
EU Copyright Directive (2019/790): EU directive implemented in Danish law, providing modern copyright protection standards and digital use provisions
Danish Administration of Justice Act (Retsplejeloven): Relevant for dispute resolution procedures and enforcement of copyright claims in Denmark
EU InfoSoc Directive (2001/29/EC): Implemented in Danish law, harmonizing aspects of copyright in the information society
Danish Marketing Practices Act (Markedsføringsloven): Relevant for commercial aspects and fair business practices related to shared copyright exploitation
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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