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Exclusive Copyright License Agreement

Exclusive Copyright License Agreement Template for Malaysia

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Key Requirements PROMPT example:

Exclusive Copyright License Agreement

"I need an Exclusive Copyright License Agreement for a software application that I've developed, to be licensed to a Malaysian tech company for distribution across Southeast Asia, with the agreement starting from March 1, 2025, including provisions for source code protection and quarterly royalty payments."

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Document background
The Exclusive Copyright License Agreement is a crucial legal instrument used when a copyright owner wishes to grant exclusive rights to another party to exploit their intellectual property within Malaysia's legal framework. This document is essential for businesses and individuals seeking to commercialize copyrighted works while maintaining legal protection under Malaysian law, particularly the Copyright Act 1987. It's commonly used in situations where the licensee requires exclusive market access and the ability to prevent others, including the copyright owner, from using the work within the specified territory. The agreement typically includes detailed provisions for royalty payments, quality control measures, term duration, and termination conditions, making it suitable for high-value intellectual property transactions where exclusivity is a key commercial requirement.
Suggested Sections

1. Parties: Identification of the licensor (copyright owner) and licensee, including full legal names and addresses

2. Background: Context of the agreement, description of the copyrighted work, and confirmation of ownership

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of Rights: Specific exclusive rights being granted, including scope, territory, and duration

5. License Fee and Payment Terms: Financial terms, including license fees, royalties, payment schedule, and reporting requirements

6. Warranties and Representations: Warranties regarding ownership, right to license, non-infringement, and other standard warranties

7. Protection of Copyright: Obligations regarding copyright notices, registration, and enforcement

8. Quality Control: Standards for use of the copyrighted work and approval processes

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

10. Post-Termination Obligations: Rights and obligations of parties after agreement ends

11. Confidentiality: Protection of confidential information exchanged during the agreement

12. General Provisions: Standard clauses including governing law, notices, assignment, and entire agreement

Optional Sections

1. Sub-licensing Rights: Include when licensee is permitted to grant sub-licenses to third parties

2. Moral Rights: Include for creative works where moral rights are relevant

3. Digital Rights Management: Include for digital content requiring specific technical protection measures

4. Minimum Performance Requirements: Include when setting specific performance or sales targets for licensee

5. Improvements and Modifications: Include when addressing rights to modify or improve the copyrighted work

6. Export Control: Include when licensed content may be subject to export restrictions

7. Insurance: Include when requiring specific insurance coverage for licensed activities

Suggested Schedules

1. Schedule 1 - Licensed Works: Detailed description and specification of the copyrighted works being licensed

2. Schedule 2 - Territory: Detailed definition of geographical territories covered by the license

3. Schedule 3 - License Fees and Royalties: Detailed breakdown of all financial terms and calculation methods

4. Schedule 4 - Quality Control Standards: Specific quality standards and approval procedures

5. Schedule 5 - Approved Sub-licensees: List of pre-approved sub-licensees if applicable

6. Appendix A - Copyright Registrations: Details of copyright registrations for licensed works

7. Appendix B - Required Notices: Format and content of required copyright notices

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Education and Training

Digital Content Creation

Gaming

Music Industry

Film and Television

Advertising and Marketing

Photography

Art and Design

Literary Works

E-learning

Relevant Teams

Legal

Intellectual Property

Commercial

Business Development

Content Management

Rights Management

Licensing Operations

Creative Services

Digital Operations

Contract Administration

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Contract Manager

Content Licensing Manager

Business Development Director

Copyright Administrator

Creative Director

Publishing Rights Manager

Digital Rights Manager

Commercial Director

Content Acquisition Manager

Licensing Coordinator

IP Portfolio Manager

Media Rights Executive

Industries
Copyright Act 1987: The primary legislation governing copyright protection in Malaysia, including provisions for copyright ownership, duration, licensing, and enforcement mechanisms
Contracts Act 1950: Provides the legal framework for contract formation, validity, and enforcement, essential for structuring the license agreement
Electronic Commerce Act 2006: Relevant for electronic execution of agreements and digital rights management in copyright licensing
Competition Act 2010: Ensures exclusive licensing arrangements do not create anti-competitive effects in the market
Control of Supplies Act 1961: May be applicable if the licensed materials fall under regulated categories of goods or content
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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