Having a copyright sales contract drafted: costs and process

Having a copyright sales contract drafted by a specialized lawyer typically costs between 350 and 1,200 euros, depending on the work and the scope of the transfer. Because the transfer of copyright is only valid by deed (Article 2, paragraph 3 of the Copyright Act), a correctly drafted document is more important than for a standard purchase. For a simple transfer, a template with verification may suffice; for software, a brand identity, or a partial transfer, custom work pays off. The overview below shows the costs, process, and considerations.

The short answer

• Template with verification: 350 to 550 euros for a simple, complete transfer.
• Custom deed: 600 to 1,200 euros for software or partial transfer.
• Lead time: a few days to about a week.
• What you provide: the work, the desired scope, the price, and the agreements regarding moral rights.
• Why outsource: the deed requirement and the limited explanation make errors costly.

Having a copyright sales contract drawn up: what determines the price

The price depends on the nature of the work and the scope of the transfer. A complete transfer of a clearly defined work, such as a logo or a set of texts, is straightforward and therefore cheaper. As soon as software, multiple works, third-party components, or a partial transfer with limitations are involved, the complexity increases. In that case, the deed must precisely define the forms of exploitation (Article 2, paragraph 2 of the Copyright Act), contain guarantees and indemnities, and regulate moral rights (Article 25 of the Copyright Act).

The need for the delivery of source files, such as source code or design files, and any negotiation with the other party also determine the time and therefore the costs.

Cost indication per situation

• Full transfer of a defined job: 350 to 550 euros.
• Transfer of custom software with source code: 700 to 1,200 euros.
• Partial or limited transfer: 600 to 950 euros.
• Verification of an existing deed only: 200 to 450 euros.

These are indications. Ask for a fixed price in advance, especially since a defective copyright deed turns out to be expensive if the transfer proves ineffective.

The process step by step

1. Intake: you describe the work, the desired scope of the transfer, and the price.
2. Concept: the legal expert drafts the deed with a comprehensive transfer provision, guarantees, and a moral rights clause.
3. Discussion: you check whether the description and forms of operation are correct.
4. Signature: both parties sign, because without a deed there is no transfer.

The turnaround time is usually a few days. For software or a partial transfer, it takes slightly longer because the forms of operation and warranties must be carefully defined.

What a specialist pays attention to

With copyright, the value lies in the details. A good lawyer checks whether the deed regulates a genuine transfer and not a disguised license, whether all desired forms of exploitation are explicitly named, whether the moral rights are properly regulated, and whether it contains guarantees and an indemnity against claims from third parties. With software, he pays attention to third-party components and open source, and to the delivery of the source code.

These points are often overlooked in ready-made templates. Precisely because the law interprets the transfer restrictively (Article 2, paragraph 2 of the General Administrative Law Act), an incomplete deed works to the disadvantage of the buyer: what is not mentioned is not transferred.

Do it yourself or have it drafted

For a simple, complete transfer of a defined work, a sound template may suffice, provided the deed requirements and the description are correct. Having one drawn up pays off as soon as the work is valuable or business-critical, or the transfer is limited.

An example. A marketing agency acquires the rights to an extensive photo series and a set of texts from a freelancer for €6,000, with the intention of editing and sublicensing the material. Much is at stake here: the exact description of all works, the forms of exploitation including editing and sublicensing, a waiver of attribution, and an indemnification against claims from depicted persons. For such a transfer, a custom-drafted deed is worth the cost, because an error can block the entire exploitation.

Honest recommendation

If you only need a right of use, you do not need to purchase copyright and a simple license is sufficient. In that case, a lawyer is not necessary. A good template can also suffice for a small, complete transfer of a clearly defined work, as long as you comply with the deed requirement and the description of the work and forms of exploitation.

Have the deed drafted or reviewed in the case of software, a brand identity, multiple works, or a partial transfer. In such cases, the formal requirement of Article 2(3) of the Copyright Act, the limited interpretation of Article 2(2) of the Copyright Act, and the moral rights of Article 25 of the Copyright Act carry the most weight. Request a fixed price in advance and provide the work and your requirements complete, so that you only pay for the custom work you truly need.

Want to know more? View the copyright sales contract, first read what a copyright sales contract is and see which components belong in drafting a copyright sales contract.

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