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This Deed of Copyright Assignment assigns copyright in artwork and graphics where either a company or an individual (the Assignor) has been engaged to create that material for you. The Deed contemplates that the person/entity acquiring the copyright (the Assignee) is either a company or an individual. The Deed also contemplates and includes assignment of copyright which may be created in the future (see Section 197 of the Copyright Act 1968 (cth)). If a company was engaged to create the material and a person who is/was not an employee of that company was also involved in creating the material, it is prudent to take an assignment from both the company and that individual - see our Deed of Assignment of Copyright (3 Party).
Ownership of the copyright in the artwork in letterheads, brochures, logos, newsletters etc. Can be a very valuable asset, particularly where products and/or services are marketed using that artwork. Not owning the copyright can reduce the value of a company or business; it may also expose that company/business to a claim for infringement of copyright by a third party. Not owning the copyright can mean that other people can copy the artwork you are using and you may not have any legal rights to stop them.
When you use someone who is not an employee to create any artwork eg. For brochures, letterheads, websites, logos, graphics, designs etc. That person as the creator is the owner of all of the copyright in that artwork and not you. Therefore if it is important that you own the copyright, that person should transfer the copyright to you.
Please note that transfer/assignment of intellectual property (which includes copyright) may have taxation implications (such as Capital Gains Tax) and we strongly recommend you seek professional advice.
The Copyright Act 1968 (cth) requires any assignment of copyright to be in writing (see Section 196).
If the person creating the artwork is your employee then the Copyright Act 1968 (cth) gives you ownership in that artwork and you do not need an assignment from that employee. In every other case you do.
If the copyright is a design of something that can be made or manufactured as a 3 dimensional object eg. Car, light pole etc. Then it may be appropriate to apply to register it as a design under the Designs Act 2003 (cth).
If your brand includes a graphic, it may also be prudent to apply for registration of the graphic as a logo under the Trade Marks Act 1995 (cth). Please note that owning the copyright alone may not ensure that your rights are fully protected. To view the Copyright Act 1968, click here.
Please note: it is prudent practice for the copyright owner to insert the copyright symbol © followed by the year and name of the copyright owner at the foot of any page of copyright material.
This Deed of Copyright Assignment includes the following provisions:
2. Consideration (ie. Price)
3. Assignment By The Assignor
4. Covenant Not To Dispute Ownership
5. Assignee's Property (use Of)
6. Costs And Payments
8. Whole Of Agreement
9. Survival Clauses
12. Independent Legal Advice.
Deeds of Copyright Assignment can sometimes be known as: copyright assignment, copyright assignment forms, copyright assignment agreement, copyright assignment document, assignment contracts, deed of assignment, Deed of Assignment of Copyright, deed of assignment agreement, deed of assignment contract, form deed of assignment, contract deed of assignment.