Copyright Transfer Agreement

The Copyright Transfer Agreement allows the creator of a work (graphic, musical, literary creation...) to transfer the exploitation rights of his creation to a buyer.

Note: in the Agreement, the author is designated as the "assignor" and the buyer of the rights as the "assignee".

The Agreement must specify the modes of exploitation of the work envisaged, i.e. the media on which the work may be reproduced (paper, digital, etc.) and the methods of distribution of the content that may be used (press, internet, television broadcasting, etc.). The transfer can be total and authorize all the modes of exploitation, or it can be only partial and be limited to certain precise methods of exploitation.

The transfer must also specify the extended duration, geographical perimeter, and destination of the exploitation.

Attention: this Agreement is not adapted for publishing (literary or musical) or audiovisual production.

Remuneration of the author

The transfer of the rights can be carried out on a purely free basis or in return for the remuneration of the author. In the case of remuneration, it is in principle proportional to the revenue derived from the sale or exploitation of the work.

In exceptional cases, a fixed payment can be agreed upon for the use of work when:

• It is not possible to calculate a proportional payment based on usage or revenue generated.
  • Example: A composer creates a piece of music for a film score, but the film is never released, and therefore the amount of usage cannot be determined.
    
    
• The proportional payment model does not accurately reflect the value of the work being used in its particular context, such as when a work is used in advertising.
  
  • Example: A photographer's image is used in a billboard advertisement for a large corporation, but the proportional payment offered does not reflect the widespread usage and reach of the advertisement.
    
    
• The creator's contribution to the work is not considered essential to its final form or value.
  
  • Example: A graphic designer creates a logo for a company, but the company later decides to significantly alter the logo, and the designer's original contribution is no longer considered essential.
    
    
• The use of the work is only incidental or secondary to the main object or product being exploited.
  
  • Example: A painting is displayed as part of a more extensive exhibit at a museum, but the focus of the exhibit is on a different artist's work, and the painting is only a small part of the exhibit.

How to use this document?

The Agreement must be initialed (initials on each page) and signed by the assignor and the assignee. Each of them keeps an original copy.

Applicable law

Copyright Act (R.S.C., 1985, c. C-42) is the law in Canada that governs all copyright rules.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.