Assignment And Licence Of Copyright Template for England and Wales

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Key Requirements PROMPT example:

Assignment And Licence Of Copyright

"I need an Assignment and Licence of Copyright agreement to transfer ownership of my software application's source code to a tech company, while retaining the right to use the code for my personal projects, with the transfer to take effect from March 1, 2025."

Document background
An Assignment And Licence Of Copyright is essential when transferring ownership of copyrighted works or granting usage rights in England and Wales. This document is commonly used when creators want to sell their intellectual property rights or allow others to use their work under specific conditions. It includes detailed terms about the scope of rights transferred, payment arrangements, and any restrictions on use. The document ensures compliance with the Copyright, Designs and Patents Act 1988 and provides legal certainty for all parties involved.
Suggested Sections

1. Parties: Details of the assignor/licensor and assignee/licensee including full legal names and addresses

2. Background: Context of the assignment/licence and description of the works involved, including ownership history

3. Definitions: Key terms used throughout the agreement including 'Works', 'Intellectual Property Rights', 'Territory'

4. Assignment/Licence Grant: Core terms of the transfer or permission to use the copyright, including scope and nature of rights granted

5. Warranties and Representations: Confirmations about ownership, right to transfer, and non-infringement of third party rights

6. Payment Terms: Consideration for the assignment/licence, including payment amounts, methods and schedules

7. Governing Law: Specification of English and Welsh law as applicable law and jurisdiction

Optional Sections

1. Moral Rights: Waiver or assertion of moral rights, used when dealing with creative works where moral rights are relevant

2. Territory: Geographic scope of the assignment/licence, used when rights are territory-specific

3. Duration: Term of the licence, included for licence agreements rather than assignments

4. Sub-licensing Rights: Rights to grant sub-licences, used when licensee needs ability to sub-license the works

Suggested Schedules

1. Schedule 1: The Works: Detailed description of the copyright works being assigned/licensed

2. Schedule 2: Payment Schedule: Detailed payment terms if complex or involving multiple payments

3. Schedule 3: Permitted Uses: Specific allowed uses of the copyright works, typically included for licence agreements with specific usage restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Copyright, Designs and Patents Act 1988: Primary UK legislation governing copyright. Key sections include 90-91 (assignment and licensing), 92 (exclusive licenses), 96 (right to transfer), and 205 (written assignments requirement)

Contracts (Rights of Third Parties) Act 1999: Legislation determining whether and how third parties may enforce terms of a contract, relevant for downstream licensing and assignments

Contract Law Fundamentals: Common law principles including offer, acceptance, consideration, intention to create legal relations, and capacity to contract

European Union Copyright Law: Historical influence on UK copyright law, with many principles remaining relevant post-Brexit

Berne Convention: International treaty governing copyright protection across member states, establishing minimum standards for copyright protection

Universal Copyright Convention: International copyright treaty providing copyright protection between signatories, particularly relevant for international assignments

WIPO Copyright Treaty: International agreement addressing copyright protection in digital environment and new technologies

Competition Act 1998: UK legislation prohibiting anti-competitive agreements and abuse of dominant market position, relevant for licensing terms

Enterprise Act 2002: UK legislation addressing market regulation and competition law enforcement, affecting certain copyright assignments and licenses

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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