What is the Copyright Transfer Agreement?
The Copyright Transfer Agreement is the contract by which the author of an intellectual work assigns the rights of economic use (patrimonial rights) of the work to third parties for consideration.
The law on copyright (Law 633/1941) provides that new and original intellectual works are considered works covered by copyright, such as literary works, musical works, pictorial works or works belonging to figurative arts, theatrical works, cinematographic works, photographs, creative and artistic design works, software and databases.
In addition, ” creative processing”, such as translations of works into another language, transformations from one artistic form to another (for example, the production of a film based on a literary work), adaptations, etc.
The duration of the copyright, or more precisely the duration of the rights of economic use, is established for the entire life of the author and up to the end of the seventieth year after his death, regardless of whether the rights are exercised or not.
Finally, please note that the law on copyright requires that this contract must always be in written form.
When using the copyright assignment agreement
The contract for the transfer of copyright is used when the author wants to transfer the patrimonial rights of his work to another subject, such as the right of publication, reproduction, public representation, dissemination, distribution, modification, etc. For example, this contract is used by the musician who transfers the rights of one of his songs to the record company, by the translator of a book who transfers the rights of economic use to the publisher, etc.
This contract is often used to adjust the collaboration of actors in ‘ Publishing, in journalism, in marketing, such as bloggers, editors, journalists, copywriters, etc. This is not a self-employment contract (freelance) or an employment contract, but the contract with which the author agrees to the exploitation of his work (article, content, translation, etc.) in exchange for a fee.
The fees obtained following the transfer of copyright are not subject to VAT and therefore do not oblige the author to open a VAT number or to issue an invoice (a simple receipt must be issued). In addition, authors benefit from substantial flat-rate deductions.
The copyright transfer contract should not be used if you want to grant third parties the economic exploitation of the work temporarily and not definitively. In these cases, the license agreement must be used.
What does the model contract for the transfer of copyright contain?
Our assignment meets all legal requirements. The main clauses concern:
- Object: to describe exactly what is being sold (literary work, design, software, database, etc.)
- Fee: the amount can be either fixed or variable or both types. It is also possible to provide for the transfer to be free of charge
- Guarantees and declarations of the transferor: with which the owner guarantees that the intellectual property is not encumbered by any constraint, which does not violate the rights of third parties, not to compete with the transferee, etc.
- Obligations of the transferor: the author undertakes not to use the work in any way, either directly or indirectly
- Protection obligations: obligations of the assignor in the event of third party disputes to hold the assignee harmless
- Applicable law and dispute resolution: the competent court must be chosen in case of disputes.
Once you have downloaded your contract we will guide you step by step to complete all the necessary subsequent obligations.
Information you need
All parts and intellectual property data are required to complete the document.
Remember that our interview does not generate a simple facsimile of a copyright assignment contract. Based on your answers, the system automatically draws up a customized contract model for your exact needs, guaranteeing its legal correctness.
The document can be modified in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
- Copyright Transfer Agreement
- Copyright transfer agreement
- Assignment of Intellectual Property
- Trademark transfer
- Patent assignment
Other useful templates and facsimiles
- Photo and Video Release: to be able to publish the images of the event
- Advertising Agreement: to grant the use of online and physical spaces to a customer who places advertising material
- Influencer Marketing Agreement: To hire a celebrity, blogger or influencer to promote your products.