Copyright Indemnity and Sample Clauses

Copyright indemnity broadly refers to protection provided by contract from one party to another party in order to make the first party whole in case loss occurs during a copyright transaction.

Copyright Indemnity

Copyright indemnity generally refers to provisions placed in a contract agreement pertaining to copyright rights that are written to insure one party against foreseeable loss or risk.  The two parties involved in a copyright indemnity agreement are typically referred to as the indemnitor and the indemnitee.  The indemnitor acts as the insurer, while the indemnitee is the party protected from loss.

Copyright Indemnity Coverage

Copyright indemnity coverage generally appears in copyright assignments, licensing, transfers, and other similar agreements.  The risk of a third party claiming copyright infringement is one of the most common actions that copyright indemnity provisions protect against.  Third-party beneficiaries or heirs of a copyright assignment or license must also be considered when drafting copyright indemnity provisions.  Drafters should also consider potential fair use defenses or implications when drafting indemnity provisions as well.

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Interested in other forms of Intellectual Property Indemnity?

See our articles on Patent Indemnity, Software Indemnity, Trade Secret Indemnity, Domain Name Indemnity.

For more information on this topic, please visit our Copyright Infringement Defense service page, which is part of our Software & Copyrights Practice.

Klemchuk LLP is an Intellectual Property Law, Litigation, and Transactions law firm located in Dallas, Texas.  The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution.  

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