What is a deed of copyright transfer?

A deed of copyright transfer conveys the property rights to a work from the creator to the buyer or client. A written deed is required for a valid transfer (Art. 2, paragraph 2 Copyright Act) — oral agreements are not legally valid. Common situations include: freelance assignments, company acquisitions, and the purchase of design or software. Moral rights (attribution, integrity) always remain with the creator. Below: requirements, content, and what Maya can demand when designing a brand identity for a client.

The short answer

• What: Written transfer of property rights to a work.
• Legally required: written deed for validity (Art. 2, paragraph 2 Copyright Act).
• Remains with the creator: personality rights (attribution, integrity).
• Costs of notarial deed: €250-€750 (no notary required, but provides a stronger evidentiary position).
• When needed: freelance work, acquisition, purchase of design/software.

When do you need a deed of transfer?

1. Freelance assignments

The client wants copyright on the work created by the freelancer (logo, website, copywriting, software). Without a deed of transfer: rights remain with the freelancer; the client only receives a user license.

2. Company acquisition

In M&A: software, designs, and marketing materials are acquired along with the business. Separate deed per category or comprehensive clause in SPA (share purchase agreement).

3. Buy specific work

Art purchase, software purchase, design purchase. Were copyrights also transferred in addition to the physical/digital transfer? Deed required.

4. Employer status termination of employment

For a departing employee: rights to works created during employment automatically pass to the employer (Art. 7 Copyright Act) — no separate deed is required. However, this does apply to work created in the employee's own time that the employer wishes to acquire.

Requirements of the deed

Art. 2, paragraph 2 of the Copyright Act: transfer only valid by “deed” — a written document. No oral agreements.

Not legally required (but recommended):

• Notarial deed — strongest evidentiary position.
• Private deed with witness.
• Standard contract with signatures from both parties.

Required content:

1. Identification of parties (maker and acquirer).
2. Specific description of the work being transferred.
3. Which rights exactly (all property rights, or limited).
4. Reimbursement (can also be €0 — must be stated).
5. Date and place.
6. Signatures of both parties.

What are you handing over?

Transferable (property rights)

• Right of reproduction (making a copy).
• Right of disclosure (to publish, to issue).
• Right of adaptation (translate, edit).
• Distribution right (selling copies).

Non-transferable (personality rights)

• Attribution (right to be named as the creator).
• Integrity law (protection against reputation-damaging changes).
• Right of amendment (protection against unwanted modifications).

These always remain with the original maker. It is, however, possible to “waive” the mention of the name in the deed (the maker accepts that the product is sold without his name).

Limited vs. full transfer

Complete transfer

All intellectual property rights transferred to the acquirer. Creator retains no usage rights — can no longer commercially exploit own work. Requires high remuneration.

Limited transfer

Specific rights or for a particular context. E.g., transfer for “online use” while the maker retains physical sales. Or limited to a specific geographic area.

Compensation

There is no legal minimum; it can even be €0 (gift transfer). However, it must be mentioned in the deed.

Practice:

• For freelance work: often included in the assignment price (quote states “including transfer”).
• In the event of a company acquisition: part of the purchase price.
• For custom work: 10-50% extra on top of the standard creation price.
• For simple works (logo design): often nominal or included.
• For valuable IP (software, patents): substantial.

Maya's design assignment

Maya creates a new corporate identity for a restaurant chain. Client wants exclusive rights:

• Standard quote €8,000 for design.
• +30% for full IP transfer = €10,400.
• Deed: standard template with specific description of the work (logo, color palette, typography).
• Attribution: Maya retains rights but agrees to non-prominent use.

Without a deed: client receives only a non-exclusive usage license — Maya can also use the same design elsewhere (theoretically).

Alternative: license instead of transfer

Often more advantageous for the creator: granting a license instead of a full transfer. Retains rights, but grants the right of use. See license agreement.

Honest recommendation

For clients: ensure IP transfer in every freelance assignment — otherwise, you only receive a usage license. For freelancers/creators: charge a transfer fee (10-50% extra), or offer a license as an alternative. A notarial deed is not mandatory but provides the strongest evidentiary position — recommended for valuable IP. For M&A: comprehensive clause in SPA with an appendix per IP category.

For other topics: copyright protection, license agreement and what is intellectual property.

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