Transfer Agreement Law

The transfer of assets must be made by the general management or by the highest executive bodies of the participating companies – in the case of the capital companies, the boards of directors of both companies are represented. In addition, the management or governing body of the ceding company must request the registration of the transfer in the trade register. If the delegation contract has not been signed by all members of the Executive Board, the request for the delegation contract and the decisions taken by the chambers are attached. In the field of academic publishing, copyright transfer contracts generally do not involve remuneration or royalties. [4] These agreements are a key element of subscription academic publication[5] and are intended to facilitate the processing of copyright in pure print publishing. [6] In the era of electronic communications, the benefits of copyright transfer contracts have been called into question[7] and, although they remain the norm, open licenses as used in open access publications have been established as alternatives. [8] A copyright transfer contract or a copyright transfer agreement is an agreement that transfers the copyright of a work from the copyright holder to another party. It is a legal option for publishers and authors of books, magazines, movies, TELEVISION shows, video games and other commercial artistic works who want to include and use a work of a second creator: for example, a video game developer who wants to pay an artist to draw a boss to enter a game. Another option is to allow the right to include and use the work instead of transferring copyright. Second, if the agreements contain an explicit non-transfer clause, a transfer must be allowed.

It is not clear whether such a transfer of copyright is generally permitted. [28] Promoters or research institutes, public museums or art galleries may have guidelines that stipulate that copyright to research, content, intellectual property, employment or funds cannot be transferred to third parties, commercially or otherwise. Normally, a single author signs on behalf of all authors, perhaps without their conscience or permission. [25] A comprehensive understanding of copyright transfer contracts requires a firm understanding of “Legal Speak” and copyright, in an increasingly complex landscape of licensing and copyright[Note 1][Note 2] and for which there is a steep learning curve for librarians and researchers. [29] [30] Thus, in many cases, authors may not even have the right to transfer full rights to publishers or agreements have been amended to provide complete texts on repositories or archives, regardless of the subsequent publication contract. [31] This represents a fundamental discrepancy between the purpose of copyright (i.e. the full choice of an author/creator beyond the dissemination of works) and its application, as authors lose those rights when the copyright is transferred. Such fundamental conceptual offences are underlined by the popular use of sites such as ResearchGate and Sci-Hub for illegal file sharing by academics and the general public. [32] [33] [34] [35] [36] In fact, broad and unlimited sharing helps to advance science faster than paywalled Articles, so it is possible to argue that the transfer of copyright is a basic misservice to the entire research enterprise. [37] It is also very counter-intuitive that learned societies, like the American Psychological Association, actively monitor and remove copyrighted content that they publish on behalf of authors [Note 3], because it is not in the interest of authors or the reuse of published research, and because the copyright transfer system is counterproductive (because original authors lose control and rights over their own work). The transfer of statutory assets can make the securitization process much easier.