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Copyright Assignment Template for Belgium

A Copyright Assignment Agreement under Belgian law is a legally binding document that transfers ownership of copyright from one party (the assignor) to another (the assignee). This agreement is governed by Belgian intellectual property law, particularly Book XI of the Belgian Code of Economic Law, and must address both economic rights transfer and moral rights considerations specific to Belgian jurisdiction. The document provides a comprehensive framework for the complete transfer of copyright ownership while respecting the inalienable moral rights of creators as required under Belgian law, making it suitable for various commercial and creative contexts where intellectual property needs to be transferred.

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What is a Copyright Assignment?

This Copyright Assignment Agreement template is designed for use under Belgian law when one party wishes to transfer complete ownership of copyright in a work to another party. The document is particularly relevant in commercial transactions, employment relationships, or creative collaborations where clear ownership transfer of intellectual property is required. It includes specific provisions to comply with Belgian copyright law, especially regarding the transfer of economic rights and the handling of moral rights, which cannot be fully assigned under Belgian law. The agreement is structured to be compliant with Book XI of the Belgian Code of Economic Law and relevant EU regulations, making it suitable for both domestic and international transactions involving Belgian jurisdiction. This template should be used when permanent transfer of copyright ownership is intended, as opposed to temporary licensing arrangements.

What sections should be included in a Copyright Assignment?

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

2. Background: Context of the assignment, relationship between parties, and brief description of the copyrighted work(s)

3. Definitions: Definitions of key terms including 'Work', 'Intellectual Property Rights', 'Moral Rights', and other relevant terms

4. Assignment: Clear statement of transfer of copyright ownership, specifying the complete transfer of economic rights

5. Scope of Assignment: Detailed description of rights being transferred, including all exploitation methods, territories, and duration

6. Moral Rights: Acknowledgment of moral rights retention by author and agreement on how these rights will be exercised

7. Warranties and Representations: Assignor's warranties regarding ownership, right to assign, non-infringement, and originality of the work

8. Consideration: Details of payment or other consideration for the assignment

9. Delivery and Registration: Requirements for delivery of works and cooperation in registering the assignment

10. Further Assurance: Commitment to execute additional documents and take necessary steps to perfect the assignment

11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

What sections are optional to include in a Copyright Assignment?

1. Future Works: Include when the assignment covers works yet to be created

2. Third Party Rights: Include when the work contains or depends on third-party content

3. Royalties: Include when the assignment involves ongoing payments rather than a single payment

4. Reversion Rights: Include when there are conditions under which rights might revert to the assignor

5. Confidentiality: Include when confidential information will be shared during the assignment process

6. Employment Context: Include when the assignment relates to works created in an employment relationship

7. Digital Rights Management: Include when the works involve digital content and DRM measures

What schedules should be included in a Copyright Assignment?

1. Schedule 1 - Description of Works: Detailed description of all works being assigned, including creation dates and registration numbers if applicable

2. Schedule 2 - Existing Licenses: List of any existing licenses or permissions granted to third parties that will survive the assignment

3. Schedule 3 - Payment Terms: Detailed breakdown of payment structure, including any installments or royalty calculations

4. Appendix A - Copy of Works: Physical or digital copies of the works being assigned

5. Appendix B - Prior Rights: Documentation of chain of title and prior rights ownership

6. Appendix C - Registration Documents: Copies of copyright registration certificates or other formal documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Document Type

Agreement Contract

Cost

Free to use

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