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Copyright Assignment Agreement

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What is a Copyright Assignment Agreement?

A copyright assignment agreement is a legal document transferring the ownership and rights of a specific creative work or works. A copyright assignment agreement protects the rights of parties involved by clarifying and providing a record of ownership of a work, especially in the event of a transfer.

Notarization of a copyright assignment agreement is not legally required, but it is always a good idea to get an agreement like this notarized. Copyright assignment agreements can cover works such as writing or artwork and are sometimes known as a sales agreement for copyright.

Common Sections in Copyright Assignment Agreements

Below is a list of common sections included in Copyright Assignment Agreements. These sections are linked to the below sample agreement for you to explore.

Copyright Assignment Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-10.15 16 d437016dex1015.htm INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT , Viewed October 13, 2021, View Source on SEC .

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Copyright Assignment

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A Copyright Assignment is a document used when one person owns a copyright to any kind of work (such as a screenplay, novel, painting, or song) and wishes to transfer the ownership of that copyright to another person. Copyright Assignments are most often utilized in situations where the copyright is already registered with the United States Copyright Office, and it's best for both parties to have a memorialized record of the assignment. Often, Copyright Assignments are used when the rights to a work are being given away so that the party receiving the rights may use that work for any purpose they desire.

Copyright Assignments allow the easy transfer of the copyrighted works. They contain all the information needed to record the assignment with the United States Copyright Office , if so desired by either or both of the parties. Recordation with the U.S. Copyright Office isn't strictly necessary, however, though it is a good way to ensure everything flows smoothly with the assignment of the copyright.

How to use this document

This document can be used to transfer the ownership of an existing copyright or when an individual would like an existing copyright transferred to them, as long as the owner agrees. It should be used when both parties understand that the copyright will be completely assigned and wish to create a record of their agreement.

This document will allow the parties to fill in details of the work or works to be transferred, as well as ensure that everything needed for recordation with the U.S. Copyright Office is present. Either party - either the person assigning the copyright or the person receiving the copyright - can fill out this form. Please keep in mind that this form requires both signatures , as well as a notarization.

Applicable law

Copyright Assignments are related to the copyright law of the United States, which is covered by a federal statute called the Copyright Act of 1976.

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A guide to help you: Who Owns a Copyright?

Copyright Assignment - Sample, template - Word and PDF

Country: United States

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Understanding the Key Elements of a Copyright Assignment Agreements

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Introduction

For creators and owners of intellectual property, copyright assignment agreements are a crucial tool for protecting their interests. These agreements allow the original creator to transfer ownership of copyright to a new owner while receiving appropriate compensation or maintaining certain rights. If not properly crafted and registered, this can lead to legal disputes, financial losses and other serious consequences.

The Genie AI team has experience in drafting these agreements to ensure that the original creator is compensated fairly and retains any rights they wish. This is done by including such elements as a lump sum payment, royalties or license back clause which allows the original creator to continue using their work for certain purposes only. It is also important that both parties understand the obligations that come with signing such an agreement in order to avoid any misinterpretations which could lead to future complications.

When it comes to international copyright protection, it’s essential that these agreements are legally registered with the relevant authorities. This guarantees that both parties are held accountable if they breach any of the outlined terms and conditions, allowing any potential disputes or miscommunications between them in future. Additionally, proper registration means that all stakeholders have a clear understanding of who owns what right - ensuring everyone can benefit from the expected outcomes of this agreement accordingly.

At Genie AI we understand how important it is for creators and owners of intellectual property to protect their rights - which is why we offer free templates from our open source legal template library as well as step-by-step guidance on how best to complete your own copyright assignment agreement correctly and confidently from start-to-finish . With millions of datapoints teaching us what market-standard looks like for each document type - you don’t need an account with us or even have to pay a lawyer – just read on below for more information on accessing our library today!

Definitions (feel free to skip)

Copyright: The exclusive legal right to reproduce, publish, or sell an original work of authorship, such as a book, film, or song.

Transferring: Moving ownership of something from one party to another.

Assigning: Granting permission to use or access something that belongs to another party.

Work Made for Hire: A work that is specially commissioned by an employer or client and is considered to be owned by them.

Consideration: The amount of money or other form of compensation that is paid in exchange for something.

Infringement: An unauthorized use or violation of another’s intellectual property rights.

Misattribution: The incorrect attribution of a work to its creator.

Execution: The signing and witnessing of a document by the parties involved in order to make it legally binding.

Discuss the purpose of a copyright assignment agreement

Explain why copyright assignments are important, describe the benefits of assigning copyright, explain the differences between transferring and assigning copyright, outline the key distinctions between the two, outline the key terms in a copyright assignment agreement, explain the concept of the “work made for hire”, describe the rights the assignee will receive, explain the duration of the copyright, outline the rights retained by the assignor, describe the potential risks involved in a copyright assignment, explain the risks of infringement, describe the risks of misattribution, explain the potential financial risks, explain the requirements for a valid copyright assignment agreement, outline the necessary elements, explain the need for consideration, describe the requirements for execution, provide best practices for the drafting and execution of a copyright assignment agreement, explain the importance of clarity, describe the importance of precision, outline the importance of accuracy, explain the importance of review and due diligence, offer suggestions for alternatives to a copyright assignment agreement, explain the concept of a licensing agreement, describe the concept of a work-for-hire agreement, explain the concept of an “implied license”, outline the concept of a co-ownership agreement, get started.

• Understand what a copyright assignment agreement is
• Learn the purpose of a copyright assignment agreement
• Identify the benefits of a copyright assignment agreement

When you can check this off your list and move on to the next step:

• When you have a good understanding of the purpose of a copyright assignment agreement
• When you understand the benefits of a copyright assignment agreement
• Understand why copyright assignments are important in protecting a creator’s rights to their work
• Understand that copyright assignments are used to transfer all or part of a creator’s rights of ownership to another party, such as a publisher, production company, or record label
• Understand that copyright assignments are legally binding and enforceable
• Understand that copyright assignments provide the assignee with exclusive rights to the work, such as the right to reproduce, distribute, modify, and perform it
• Understand that without a copyright assignment, the original creator is the only one who has the right to use their work in any way
• Understand that copyright assignments guarantee that the assignee will be paid for their use of the work
• When you can explain why copyright assignments are important, you can move on to the next step.
• A copyright assignment agreement allows the assignee to obtain exclusive rights to the work, including the right to reproduce, distribute, and adapt the work.
• An assignment of copyright also allows the assignee to obtain the right to receive royalties for the work, as well as the right to license the work to third parties.
• Copyright assignments can help ensure that the author is compensated for their work and that their rights are protected.
• With a copyright assignment, authors can also be sure that their work is not used without their permission or for any unauthorized purpose.

Once you have described the benefits of assigning copyright, you can check this step off your list and move on to the next step.

• Transferring copyright involves giving up all rights to the copyrighted material and transferring them to another party.
• Assigning copyright involves transferring some or all of the rights to the copyrighted material to another party.
• Transferring copyright is often permanent, while assigning copyright may be temporary.
• Transferring copyright requires the original owner to give up all rights to the material, while assigning copyright allows the original owner to retain some rights.
• When you have a clear understanding of the differences between transferring and assigning copyright.
• Transferring copyright means the originator of the work keeps all rights to the work, but allows another party to use the work under certain conditions
• Assigning copyright means the originator of the work transfers all rights to the work to another party, and no longer retains any rights to the work
• Transferring copyright is less permanent than assigning copyright, since the originator has the option of terminating the agreement and reclaiming the rights to their work
• Assigning copyright is more permanent and involves the originator giving up all rights to their work in exchange for a specified payment

Once you understand the differences between transferring and assigning copyright, you can move on to outlining the key terms in a copyright assignment agreement.

• Understand the definition of a “copyright assignment agreement.” A copyright assignment agreement is a legally binding contract in which the copyright owner of a work transfers the rights and ownership of the work to another party. • Learn about exclusive vs. non-exclusive assignments. An exclusive assignment is when the copyright owner transfers all rights to the work to the other party. A non-exclusive assignment is when the copyright owner transfers some rights to the work to the other party. • Identify the rights granted in the agreement. These rights can include reproduction, distribution, modification, and public display of the work, as well as the rights to create derivative works based on the original. • Understand the term of the agreement. This is typically the period of time for which the rights are being assigned. • Learn about the payment terms. This is the amount of money that is being paid for the assignment of the copyright. • Make sure to include a warranty and indemnification clause. This clause states that the copyright owner is warranting that they have the right to transfer the rights in the work and that they will indemnify the other party if they are sued for infringement of copyright due to the assignment. • Know that any document that transfers copyright must be in writing and signed by both parties.

When you have read and understood the above points, you can check this off your list and move on to the next step.

• Understand what a “work made for hire” is and its implications for copyright assignment agreements
• Learn when a “work made for hire” applies to a copyright assignment agreement
• Familiarize yourself with the different types of works that can qualify as a “work made for hire”
• Understand how authorship is determined in a “work made for hire”

Once you understand the concept of the “work made for hire” and its implications for copyright assignment agreements, you can move on to the next step of describing the rights the assignee will receive.

• Understand the scope of the rights being transferred - what types of uses are being authorized by the transfer?
• Determine if the assignee is receiving exclusive or non-exclusive rights
• Identify whether the assignee has the right to sublicense or transfer the rights to another
• Determine if the assignee has the right to modify or make derivative works of the copyrighted content

Once you have a clear understanding of the rights the assignee will receive, you can move on to the next step, which is to explain the duration of the copyright.

• Understand what duration of the copyright means - Duration of the copyright is the length of time that the copyright will be assigned to the assignee. It’s important to understand the duration of the copyright as it determines how long the assignee will be able to exercise the rights granted to them.
• Read the copyright assignment agreement to determine the duration - When reading the copyright assignment agreement, look for any language that specifies the duration of the copyright. This may include the length of time the rights are being assigned for, the date the agreement begins and ends, or other references to the duration of the copyright.
• Make sure the agreement clearly specifies the duration of the copyright - Make sure that the agreement clearly states the duration of the copyright as this will help to avoid any confusion or misunderstandings between the assignor and assignee.
• Check off this step when you’ve read the agreement and understand the duration of the copyright - Once you have read the agreement and understand the duration of the copyright, you can check this step off your list and move on to the next step, which is outlining the rights retained by the assignor.
• Research the rights reserved by the assignor by reading the Copyright Assignment Agreement
• Note the rights retained by the assignor, such as the right to use the copyright material for personal use, the right to modify the copyright material, and the right to use the copyright material in future works
• Check that the Copyright Assignment Agreement does not give the assignee exclusive rights to the copyright material
• Make sure the assignor has preserved the right to be credited for their work
• Ensure the assignee does not have the right to transfer the copyright to another person or entity
• When you have outlined the rights retained by the assignor, you can move on to the next step.
• Understand the potential risks if the assignor fails to follow the terms of the copyright assignment agreement
• Be aware of the possibility of copyright infringement if the assignor does not have the right to transfer the copyright
• Consider the legal risks if the assignor does not get the permission of any other parties who may have rights to the copyright
• Recognize the potential for damages if the copyright assignment agreement is breached
• Understand that copyright assignments are a form of contract and can be enforced in court

Once you have a complete understanding of the potential risks involved in a copyright assignment agreement, you can move on to the next step.

• Understand the difference between copyright infringement and misattribution of a copyrighted work
• Know the legal consequences of infringement, including the potential for liability and damages
• Understand the different types of infringement and the legal consequences of each
• Learn about the potential remedies for copyright infringement, such as injunctions and damages
• Be aware of the potential risks associated with the unauthorized use of another’s copyrighted work
• Know how to identify infringing works and how to protect yourself from potential infringement claims
• Be aware of the relevant copyright laws and related regulations in your jurisdiction

Once you have a solid understanding of the risks of infringement, you can move on to the next step of describing the risks of misattribution.

• Understand the importance of accurately attributing authorship or ownership of works
• Learn the risks of misattribution, such as potential reputational damage and legal liability
• Identify potential scenarios where misattribution could take place, such as when two or more parties are involved in the creation of a work
• Read through copyright assignment agreements thoroughly to ensure that all authors or owners are accurately attributed
• Ensure that the proper names, contact information, and other important details are included in the agreement

Once you have reviewed the risks of misattribution, you can check this off your list and move on to the next step: Explaining the potential financial risks.

• Understand how assigning a copyright could negatively affect the creator’s income.
• Research how the creator will be compensated for their work.
• Determine if the creator will receive royalties for future income or will be paid a one-time fee.
• Consider the potential legal costs associated with copyright infringement.
• Identify any other financial risks that could arise from the copyright assignment agreement.

Once you have a comprehensive understanding of the financial risks associated with a copyright assignment agreement, you can move on to the next step.

• A valid copyright assignment agreement must be in writing and signed by both parties
• It must include the title of the work being assigned, the date the assignment is effective, and the names of the assignor and assignee
• The agreement must clearly state the assignor’s intent to transfer the copyright to the assignee
• The agreement must include language that grants the assignee exclusive rights to use, reproduce, and distribute the work
• The agreement should also include language that requires the assignee to provide proper attribution to the assignor

Once you have these elements outlined in the agreement, you can check this step off your list and move on to the next step.

• Identify the parties involved, including the assignor and assignee
• Specify what is being assigned, typically the copyright or copyright ownership
• Include a description of the work, such as its title or specific details
• Establish a timeline, including when the agreement begins and ends
• Include a clause that states the assignor has full rights to the work and is authorized to make the assignment
• Explain the need for consideration and how it is to be paid
• Include a termination clause that outlines how the agreement can be ended
• Specify the governing law for the agreement
• Signatures of both parties, with a witness if necessary

You will know that you can check this step off your list and move on to the next step when you have identified and outlined all the necessary elements of a copyright assignment agreement.

• Understand why a consideration is required in a copyright assignment agreement
• Consideration is an exchange of value in a contract, which is necessary to make the contract enforceable
• It is important to identify what is being exchanged between the parties and document it in the agreement
• Consideration can be monetary (e.g. an upfront payment) or non-monetary (e.g. the promise to render a service)
• When drafting a copyright assignment agreement, ensure that the consideration is adequately expressed in the agreement
• Once the need for consideration is established and its form is expressed in the agreement, you can move on to the next step of outlining the necessary elements of a copyright assignment agreement.
• Understand the requirements for a valid execution of a copyright assignment agreement
• Identify the parties involved: the assignor and the assignee
• Ensure that the assignor has the legal authority to transfer the copyright and that there is sufficient consideration for the transfer
• Confirm that the agreement is in writing and signed by the assignor
• Make sure that the agreement clearly states the copyright being assigned, the date of the assignment, and the duration of the assignment
• Verify that the assignor acknowledges the transfer of copyright in the agreement
• When all the requirements are met, you can feel confident that the copyright assignment agreement is valid and the transfer of rights has been secured.
• Refer to the Copyright Act and any state specific laws that may apply.
• Include a statement confirming the transfer of the copyright ownership.
• Ensure the parties involved are clearly identified.
• Make sure the agreement is in writing or is evidenced in writing.
• Specify the scope of the assignment and its duration/term.
• Include a warranty that the party transferring the copyright owns the copyright or has the authority to transfer it.
• Include a non-compete clause, if applicable.
• Make sure there is a dispute resolution clause.

Once all of these best practices have been implemented, you can check off this step and move on to the next.

• Understand why clarity is essential when drafting a copyright assignment agreement
• Make sure that all the terms of the agreement are clear and unambiguous
• Identify the parties to the agreement and the works to be assigned
• Establish the scope of rights being transferred and the payment for the assignment
• Determine the jurisdiction and governing law of the assignment agreement
• Outline the term of the agreement and the termination and/or renewal provisions
• When all the terms of the agreement are clear, you can move on to the next step in the guide: Describe the importance of precision.
• Precision is essential when drafting a copyright assignment agreement.
• If there are any vague or ambiguous terms in the agreement, it could lead to costly disputes or misunderstandings over what rights are being assigned.
• Review the agreement carefully to ensure that the scope of rights being assigned is clearly stated and that there is no room for misinterpretation.
• Make sure that the language is specific and that each element of the agreement is clearly stated.
• Once you are confident that the agreement is precise and unambiguous, you can check this step off your list and move on to the next step.
• Understand the importance of accuracy in a copyright assignment agreement to ensure that rights are correctly transferred and not lost
• Identify any potential inaccuracies in the agreement, such as incorrect names or dates, and ensure these are corrected before signing
• Check that the agreement accurately and precisely outlines the rights assigned and that they match the expectations of the parties involved
• Review and analyze the agreement to confirm that all relevant details are included, such as the scope of the assignment, the applicable duration, and applicable jurisdictions
• Ensure the agreement is correctly worded and that any ambiguities are avoided to ensure the parties have a clear understanding of their obligations and rights
• Once you have checked for accuracy and ensured any discrepancies are corrected, you can then move on to the next step.
• Understand the importance of review and due diligence when drafting a copyright assignment agreement
• Ensure that the agreement is clear and accurate in order to avoid any potential disputes
• Identify any potential risks that may arise as a result of the agreement
• Take the necessary steps to mitigate these risks and ensure the agreement provides adequate protection to both parties
• Have a qualified legal professional review the agreement before signing to ensure all terms are legally binding
• When you have finished reviewing the agreement and conducted the necessary due diligence, you can check this step off your list and move on to the next step.
• Explain the concept of a license agreement, in which the copyright owner grants the licensee a set of rights to use the copyrighted material.
• Research different types of licenses that could be used to grant specific rights to the licensee, such as exclusive licenses, nonexclusive licenses and statutory licenses.
• Consider potential benefits of using a license agreement instead of a copyright assignment agreement, such as the ability for the copyright owner to retain some of the rights to the work and the potential for the licensee to obtain the rights to use the work without making a large monetary payment.
• Contact a lawyer for more information on the legal implications of using a license agreement instead of a copyright assignment agreement.
• Understand what a licensing agreement is: a contractual agreement between the copyright holder (the licensor) and a third party (the licensee) that allows the licensee to use the copyrighted material in exchange for payment or other consideration.
• Research the types of licensing agreements available, such as exclusive and non-exclusive agreements, as well as the differences between them.
• Consider the specific rights that the licensee will be granted and the limitations of those rights.
• Review any other terms of the agreement, such as the duration of the agreement, the royalties that the licensor will receive from the licensee, any obligations of the licensee, and any restrictions on use or modification of the copyrighted material.
• Understand the implications of breaching the licensing agreement.

You’ll know you can move on to the next step when you have a clear understanding of the concept of a licensing agreement, the types of licensing agreements, and the terms and implications of such an agreement.

• Understand what a work-for-hire agreement is: It is a contract between two parties in which one party (the “Hirer”) assigns the copyright of a work to the other party (the “Hired Party”) in exchange for a fee or other consideration.
• Determine what types of works are eligible for a work-for-hire agreement: Generally, the work must be specially commissioned and fall within certain categories of works, such as a contribution to a collective work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material for a test, or an atlas.
• Identify the rights that the Hirer will have under a work-for-hire agreement: These rights typically include the exclusive right to use, reproduce, distribute, and create derivative works from the copyrighted work.
• Be aware of the key differences between a work-for-hire agreement and a licensing agreement: In a licensing agreement, the Hirer does not own the copyright but instead is merely granted a license to use the copyrighted work for a limited time and under certain conditions.

You will know you can check this off your list and move on to the next step once you have a general understanding of what a work-for-hire agreement is, the types of works that can be the subject of a work-for-hire agreement, the rights that the Hirer will have under a work-for-hire agreement, and the key differences between a work-for-hire agreement and a licensing agreement.

• Understand what an implied license is: it is a type of agreement between two parties where one party grants the other party the right to use their work, without the need for a written agreement.
• Know the different types of implied license, including perpetual, non-exclusive, and royalty-free.
• Identify the rights and limitations that come with each type of implied license.
• Be aware that implied licenses are often limited to one-time use, or may be limited to specific types of use.
• Understand that implied licenses are implied in the absence of a written agreement and may be subject to the jurisdiction of the courts.
• Be familiar with the concept of waiver of implied license.

You can check off this step when you have a clear understanding of the concept of an implied license, the different types of implied license, and the rights and limitations associated with each type.

• Understand the concept of a co-ownership agreement, which is when two or more parties own a work or interest in a work
• Know the key elements of a co-ownership agreement, including the ownership interests, rights granted, and the obligations and liabilities of each party
• Identify the rights and responsibilities of each party in regards to the agreement, such as the right to exploit the work, the right to license the work, and the right to transfer the ownership interests
• Understand the concept of “joint authorship”, which occurs when two or more authors contribute to a work in a way that makes them both authors
• Familiarize yourself with the concept of “work-made-for-hire”, which is when an employer hires an independent contractor to create a work and, under the law, the employer is considered the author
• Learn about the concept of “moral rights”, which give authors the right to the integrity of their work, including the right to be credited, the right to prevent distortion or modification, and the right to withdraw the work from the public

You will know you can check this off your list and move on to the next step when you have a thorough understanding of the concept of a co-ownership agreement, including the key elements, rights, and responsibilities of the parties involved.

John - What are the key elements of a copyright assignment agreement?

Asked by John on April 16th 2022. A: A copyright assignment agreement is an important legal document which assigns the rights of a copyright from one party, the copyright holder, to another, the assignee. The key elements of a copyright assignment agreement are:

• Identification of the parties – The agreement must include the names and contact details of both the copyright holder and assignee.
• Description of the work – The work being assigned must be described in detail, including any variations or modifications.
• Rights granted – This should include a clear description of what rights are being assigned and which jurisdiction they apply to (e.g. US, UK or EU).
• Term of the assignment – This should specify how long the assignment is valid for, or if it is an indefinite term.
• Consideration – This should outline what consideration is being provided by the assignee in exchange for the rights granted.
• Warranty – This should indicate that the copyright holder warrants that they have full power and authority to enter into the agreement and grant the rights specified in it.
• Indemnity – This should specify that the assignee will indemnify and hold harmless the copyright holder from any claims related to the copyright assignment agreement.
• Confidentiality – This should indicate that all information related to the agreement will remain confidential between both parties.
• Termination – This should describe how either party can terminate the agreement.
• Governing law – This should indicate which law governs any disputes related to the agreement.

Jane - How do I know if I need a copyright assignment agreement?

Asked by Jane on November 12th 2022. A: Whether or not you need a copyright assignment agreement depends on your particular situation and needs as a business or individual. Generally speaking, a copyright assignment agreement is necessary if you are transferring your copyright to another party for consideration (e.g. money). It’s also important to remember that different jurisdictions (e.g. USA, UK, EU) have different laws when it comes to copyrights and other intellectual property issues, so it’s essential to make sure you are familiar with those laws and how they may affect your specific situation before entering into any kind of agreement with another party. Additionally, if you are in an industry such as technology or software as a service (SaaS), you may need an additional layer of protection when it comes to intellectual property matters such as copyrights, so having a clear and detailed copyright assignment agreement is especially important in these cases.

Example dispute

Suing for breach of copyright assignment agreement.

• A plaintiff can raise a lawsuit for breach of a copyright assignment agreement if they can prove that the defendant has violated the agreement in some way.
• The plaintiff must be able to demonstrate that they have been harmed in some way due to the defendant’s breach of the agreement.
• The plaintiff must provide evidence of copyright ownership, such as a written assignment agreement, to prove that the copyright infringement occurred.
• The plaintiff may be able to recover damages related to the breach, including monetary damages, injunctive relief, or both.
• The plaintiff may also be able to seek punitive damages if they can show that the defendant’s actions were particularly egregious.
• Settlement may be reached through negotiation or mediation, or the court may decide the case.
• In some cases, a jury may be used to decide the case and determine the amount of damages to be awarded.

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Assignment/Transfer of Copyright Ownership

Copyright Licenses and Assignments

One of the primary benefits of copyright ownership is the ability to transfer some or all of those rights to third parties. These transfers can be for all of the copyright rights in a work (which is generally referred to as an outright assignment), or can be for a limited portion of the rights provided by the Copyright Act (which usually takes the form a copyright license).

The BitLaw discussion of assignments and licenses is divided into the following four sections:

• transfers in general
• implied licenses
• termination of transfers
• recordation of transfers

Transfers in General

Copyright is a personal property right, and it is subject to various state laws and regulations that govern the ownership, inheritance, or transfer of personal property. It is probably best to view copyright as a bundle of rights. The rights included in that bundle are the rights granted by the U.S. Copyright Act, as described in the BitLaw discussion on the scope of copyright protection . Any or all of these rights, or any subdivision of those rights, may be transferred.

A transfer of one of these rights may be made on an exclusive or nonexclusive basis. The transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed. Transfer of a right on a nonexclusive basis does not require a written agreement. For example, the author of a novel, as the original copyright owner of the novel, could transfer to a publisher the exclusive right to copy and distribute a novel (under the right of reproduction and distribution ), and also grant a screen play writer the nonexclusive right to create a movie script based on that novel (under the right to create derivative works ). The author's agreement with the publisher would have to be in writing to be valid. However, the agreement with the screen play writer could be oral and still be enforceable.

A transfer of copyright rights is usually either an assignment or a license. An assignment of copyright rights is like the sale of personal property. The original owner sells its rights to a third party, and can no longer exercise control over how the third party uses those rights. A license (or more properly "an express license") is an agreement where the copyright owner maintains its ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license will be preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

A typical software license agreement is a copyright license agreement. The owner of the copyright in the software wishes to grant the end-user the right to utilize the software in a restricted manner. In return, the end-user may agree to limit its use of the software in a variety of ways and to pay a license fee payment to the copyright owner.

Implied Licenses

An implied copyright license is a license created by law in the absence of an actual agreement between the parties. Implied licenses arise when the conduct of the parties indicates that some license is to be extended between the copyright owner and the licensee, but the parties themselves did not bother to create a license. This differs from an express license in that the parties never actually agree on the specific terms of the license. The purpose of an implied license is to allow the licensee (the party who licenses the work from the copyright owner) some right to use the copyrighted work, but only to the extent that the copyright owner would have allowed had the parties negotiated an agreement. Generally, the custom and practice of the community are used to determine the scope of the implied license.

Implied licenses have been used to grant licenses in situations where a copyrighted work was created by one party at the request of another. In one case, a special effects company was hired to create a specific effect for a horror movie. The contract through which the special effects company was hired did not assign the copyright in the effect, and did not provide for a license for the effect to be used in the horror movie. The court ruled that the effect could be used in the horror movie through an implied license, since the effect was created with the intent that it be used and distributed in the movie.

A commonly discussed scenario where implied licenses are destined to play a major role is on the World Wide Web. When a Web page is viewed in a Web browser, the page is downloaded through the Internet and placed on the user's screen. It is clear that a copy of the Web page is being made by the user. It is also clear that the Web page is protected against unauthorized copying by copyright law. But it would not make sense to allow the author of a Web page to sue a user who viewed her page, since the author intended that the page be viewed by others when she placed it on the World Wide Web. Rather, attorneys argue, courts should find that the Web page author has given end users an implied license to download and view the Web page. The extent of this implied license is unclear, and may someday be defined by the courts.

Termination of Transfers

Although a copyright owner is free to transfer her copyright rights as she sees fit, the Copyright Act contains a non-revocable right for a copyright owner to terminate any copyright transfer. The purpose for this is to give the creator of the work or the creator's heirs a second chance to exploit the work in situations where the value of the work may have been significantly enhanced since the original transfer. Generally, there is a five year window of time to accomplish the termination beginning either at

• 35 years from the assignment if the transfer was made on or after January 1, 1978; or
• 56 years from the date copyright was originally secured if the transfer was made before January 1, 1978.

The ability to terminate a transfer cannot be negotiated away. Thus, the author of a valuable book has the right to reclaim the copyright in the book by terminating the transfer, even if the agreement signed by the author stated that the assignment of her copyright rights was permanent and irrevocable. Exceptions to this ability to terminate a transfer are made for those parties who created derivative works prior to the termination (see the BitLaw discussion on derivative works for more information on this subject). In addition, works made for hire are not subject to this termination of transfer right (works made for hire are discussed in the BitLaw section on copyright ownership ).

Recordation of Transfers

A document that transfers copyright ownership or any other document pertaining to a copyright may be recorded in the Copyright Office. Although recordation is not required to make a valid transfer of a copyright, recordation of the transfer document does provide certain legal advantages and may be required to validate the transfer as against third parties.

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Assignment of Copyrights & Legal Implications

Copyright gives authors a bundle of personal property or economic rights in an original work of authorship. These rights include the rights to reproduce, create derivative works, distribute work to the public, publicly perform a work, publicly display visual works, and digitally transmit sound records. They belong exclusively to a copyright holder.

Usually, the copyright holder is the person who created the work. However, any of these economic rights, or any part of these economic rights, can be transferred. Under the Visual Artists Rights Act (VARA), an artist’s moral rights in a work of fine art can be waived but not assigned.

An original owner who assigns their copyright to someone else will not retain any right to control how the work is used.

The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale. The original copyright owner sells the rights to a third party and cannot control how the rights are used, just as they would not be able to control how personal property that they sold was used once it was transferred.

Generally, a license is preferable if a copyright holder expects to continue exercising interests and control over the work. For example, if you assign your copyright in a song to a music producer, the decision about whether to allow a film studio to use your song in a film will belong to the producer, not to you. If you license your copyright in a song in a limited capacity to a music producer, however, you will continue to be able to license your copyright in the song to a film producer.

Assignments can be used for many different purposes, such as security for debt, as an asset passed to heirs, or as part of the distribution of assets after a bankruptcy proceeding. Once you assign your rights to somebody else, however, you are permanently giving away your right to control the work. That means if you try to exercise any of the rights you have assigned, you are committing copyright infringement even though you created the work. If you assign your copyright to somebody else and regret the loss, you may be able to buy your copyright back from that person, but whether or not to sell it back to you is up to the assignee.

How Is Copyright Assigned?

Under Section 204 , a transfer of ownership is only valid if the instrument, note, or memorandum of transfer is in writing, signed by the copyright owner or their duly authorized agent. Generally, a certificate of acknowledgment is not required for the transfer to be valid, but it can be used as prima facie evidence that a transfer was executed if it is issued by someone authorized to administer oaths in the United States or, if the transfer is executed abroad, if the certificate is issued by a United States diplomatic or consular official, or a person authorized to administer oaths who also provides a certificate.

Formally recording an assignment with the Copyright Office is not required but can be advantageous.

You do not have to record an assignment in order to assign the interest. However, there are advantages to recording the assignment, such as creating a public record of the transfer details, giving constructive notice to members of the public, establishing priority of rights when there are conflicting transfers of ownership, validating the transfer of the copyright against a third party, or in some cases perfecting a security interest.

Last reviewed October 2023

Intellectual Property Law Center Contents   

• Intellectual Property Law Center
• Copyright Infringement & Related Lawsuits
• Copyright Ownership Under the Law
• Assignment of Copyrights & Legal Implications
• Copyright Licensing Under the Law
• Copyright Registration Under the Law
• Safe Harbors for Online Service Providers Under Copyright Law
• Criminal Copyright Infringement Laws
• Enforcement of Copyrights Through Lawsuits & Criminal Charges
• Fair Use Defense to Copyright Infringement Lawsuits
• Software Development Agreements & Related Legal Concerns
• End-User License Agreements Imposing Legal Restrictions on Software
• Lists, Directories, and Databases Under Copyright Law
• Photos of Buildings and Architecture Under Copyright Law
• Photos of Copyrighted or Trademarked Works & the Fair Use Defense to Infringement Lawsuits
• Works in the Public Domain After Copyrights Legally Expire
• Copyrights and Credits for Songwriters Under the Law
• Music Samples and Copyright Infringement Lawsuits
• Playing Music in Stores or Restaurants — How to Avoid Copyright Infringement Lawsuits
• Consignment Sales by Artists to Stores & Legal Protections
• Destruction of Copyrighted Works & Limited Legal Protections
• Copyright Legal Forms
• Trademark Law
• Trade Secret Law
• Choosing Among Patent, Copyright, and Trademark for Legal Protection
• Intellectual Property Law FAQs
• Find an Intellectual Property Lawyer

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The Difference Between Copyright Assignments and Licenses

The Difference Between Copyright Assignments And Licenses

There are two ways that a copyright owner can transfer some or all of his or her copyright rights: through a license or an assignment.

In an assignment of copyright rights, the owner sells his or her ownership rights to another party and has no control over how the third party uses those rights. A copyright assignment is sometimes referred to as a sales agreement for copyright.

The buyer (assignee) can then use the copyrighted work or do whatever he or she wants with it. He or she all of the assigned rights that the original owner had.

A valid assignment of copyright must be in writing and signed by, or on behalf of, the copyright owner/assignor. The subject of the assignment must be clear as to what copyright is being assigned in which work(s).

In a license of copyright rights, the owner maintains his or her copyright ownership rights, but allows another party (the licensee) to exercise some of those rights without the licensee’s actions being considered copyright infringement. A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder’s rights.

For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the right to use the software in a specified, restricted manner. In return, the user/licensee may agree to limit his or her use of the software in various ways and to pay the copyright owner a license fee.

Unlike a copyright assignment, a copyright license does not have to be in a signed writing. A license can be oral or arise by implication when considering all of the facts and circumstances surrounding the transaction between the copyright owner and the purported licensee.

If you own a copyright in a work that you are thinking about assigning, you should consider whether to license your copyright instead, thus allowing you to retain ownership, and license only certain rights to the other party.

For additional information about the difference between copyright assignments and license, please  contact us .

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Assignment of Copyright – Explained With Modes and Disputes

Original work may not be reproduced, distributed, or sold by anybody other than the copyright owner without that owner’s consent. As a result, the law allows the copyright owner to assign ownership to a third party.

The term “copyright assignment” describes the transfer of ownership or rights in a work that has been granted copyright from the original copyright holder (the “ assignor “) to a different party (the “ assignee “). Through a legal procedure, the assignor gives up their ownership of the work and gives the assignee the only authority to reproduce, distribute, display, perform, or alter it.

This article discusses the concept of copyright assignment, which involves the transfer of ownership or rights in a copyrighted work from the original copyright holder (assignor) to another party (assignee). The article also explains the various aspects of copyright assignment, including its mode of assignment and disputes with respect to the assignment of copyright.

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

The owner of the current work or the potential owner of the future work may assign the copyright. It may be fully or partially allocated. Limitations may apply to all or a portion of the copyright.

Additionally, if future work is assigned, the assignment will become effective when the new work is created. In future works, “assignee” includes the assignee’s legal representative if they die before the work is created.

The court ruled in  Saregama India Ltd. vs Suresh Jindal And Ors.  that the copyright owner to a future work has the right to assign the copyright, in whole or in part, to a third party. This indicates that the owner may assign the copyright ownership for the entire term or only a portion.

The assignee is regarded as the legal owner of the copyright after the assignment is made, and the Copyright Act recognises all associated rights and benefits. As mentioned above, the ruling affirms that copyright ownership can be transferred by assignment, enabling people or organisations to obtain and exercise control over the rights connected to the copyrighted work.

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

Every assignment of the copyright to a work must be made in writing and be signed by the assignor or an authorised representative. Only that assignment will be accepted. Any assigned work must include all relevant information, including the assignment, length, rights, and geographic scope.

The amount of any royalties or other payments made to the author or his legal heirs during the assignment should also be specified. Any revisions, extensions, or terminations of the assignment are subject to the mutually agreed-upon terms and circumstances.

Let’s say the assignee fails to utilise the right granted during the assignment within a year of receiving it. If such a thing occurs, the assignment of those rights will be presumed to have terminated unless otherwise specified in the assignment. When the assignment time and geographical scope are not specified, they will be assumed to be five years from the date of the assignment and inside India, respectively.

The Bombay High Court considered whether the assignment of video rights included the right of satellite transmission in the case of  Video Master vs Nishi Production . The court accepted the defendant’s claim that several public communication channels, such as satellite broadcasting, video TV, and terrestrial television broadcasting, each constituted a distinct copyright.

As a result, the film’s owner may transfer these rights to other people or companies. The court concluded that the video copyright granted to the plaintiff was separate from the copyright for the satellite transmission of the movie. Consequently, the satellite broadcast right was not part of the assignment.

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

After receiving a complaint from the assignor and completing an investigation, the appellate board has the authority to revoke the assignment or issue any orders it sees suitable when the assignee fails to execute the powers granted to him if such failure is not a result of any action or inaction on the part of the assignor.

If the assignor is also the author, the appellate board should hold off on issuing any revocation unless it is established that the terms of the assignment are harsh to the assignor. Additionally, no revocation may be made for five years if an assignment has been made.

The appellate board should handle copyright assignment complaints promptly and with diligence. They have a time limit of six months from the date of receiving the complaint to reach a final decision. If, for any reason, there is a delay beyond this period, the appellate board must explain the reasons for the delay. The goal is to ensure that copyright disputes are resolved promptly and transparently.

In this evolving world, copyright assignment is an unavoidable need. People are not always able to rely on themselves. The ownership of the work must be transferred to properly frame the art and realise the original piece’s full creative potential.

Furthermore, copyright assignment aids in the seamless development of the creative process when several creative minds collaborate or when a work is adapted across various media. It allows for fresh viewpoints, interpretations, and variations that could improve the original work or investigate other creative paths.

Read Next: Doctrine of Merger Under Copyright Law

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What is a copyright assignment.

Submitted by New Media Rights last modified Wed, 06/28/2017 - 4:47pm

A copyright assignment is when the copyright holder transfers ownership of the copyright to another person or organization.

The copyright holder is normally the person who created the work, but they may decide to sign the agreement over to a publisher (in the book industry or music industry) or record label (in the music industry). This occurs because publishers and record labels have more resources than an author to print copies of the work, distribute to a broader audience, and maintain other aspects of their career. A lot of times, the publisher or record label may even supply the author with a monetary advance so the author can focus on just creating the work.

The downside of assigning your copyright over to a publisher is that you receive only a cut of what you would have received if you retained the copyright, and you may also lose some creative control. For instance, the decision over whether to turn your book into a movie may now rest with the publisher and not you.

An alternative of transferring the entire copyright over to a publisher is licensing the work to them in a limited capacity. In this instance, you retain the copyright, but you also get the business advantages from the publisher. 

Debates have popped into court over who actually owns a copyright. So like any other contract, an assignment must be in writing in order to avoid any future confusion. 

If you have a question about whether you own a copyright and/or if need an assignment drafted,  feel free to contact New Media Rights via our  contact form  to find out whether you qualify for  free  or  reduced fee  legal services. We also offer competitive  full fee  legal services on a selective basis. For more information on the services we provide  click here .

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Commissioners sign agreement to build new Valentine convention center

VALENTINE, Neb. -- After years of discussions about building a convention center in Valentine, Cherry County commissioners signed an inter-local agreement with Mid-Plains Community College on Tuesday. The agreement forms a partnership between the county and the college to build a center near Mid-Plains.

“We want to make sure people know that no property taxes or bond will ever be levied because of this project,” Commissioner Mike McConaughey said.

The agreement stipulates that the county will pay $250,000 by September for design work. After that, commissioners agreed to pay $250,000 every quarter throughout the building project, with a maximum contribution of $1.5 million.

Mid-Plains Community College will also contribute funds, alongside grants and fundraising efforts. The college also agrees to maintain the facility.

“We currently have $1.5 million for the project sitting in a promotional fund,” said Regina Osburn, Cherry County Tourism Director.

Osburn noted that several recent events, such as a taxidermy gathering, couldn’t be held in Valentine due to a lack of suitable space. Project managers estimate it will take four to six months to finalize the design, followed by nine months to a year of construction.

“We’re also not closing the door on other projects during that time, such as at the fairgrounds,” Commissioner Martin DeNaeyer said. “Hopefully this new center will bring in more money to be able to fund other projects.”

The European Union’s border and coast guard agency (Frontex) and the Republic of Serbia signed a cooperation agreement that facilitates increased cooperation and enhanced border management operations on Tuesday. This new agreement sets out to replace the current framework introduced in 2021 and finalizes negotiations that began in May 2023.

As per the Commission’s press release , the agreement   will allow Frontex to “carry out joint operations and deploy the European Border and Coast Guard standing corps anywhere on the territory of Serbia.” Frontex currently has over 480 officers deployed in the Western Balkans, with 111 officers already stationed in Serbia, and maintains other border management cooperation agreements with Moldova, North Macedonia, Montenegro and Albania.

Furthermore, the agreement is part of the EU’s wider Action Plan on the Western Balkans presented by the Commission in 2022, which was introduced with the aim of decreasing migratory pressures and secondary movements on the Western Balkans route. It also seeks to enhance security across the EU and its borders by reinforcing border management and preventing illegal migration and cross-border crime.

According to the European Council, the Western Balkans route, which passes through Türkiye, Bulgaria, Northern Macedonia and Serbia, is one of the main migratory routes into Europe and hence the EU, reaching its peak in 2015 with record-breaking arrivals of irregular migrants.

For its final entry into force, the agreement is subject to an approval process dependent upon the consent of the European Parliament and the council implementing the final conclusion of the agreement, as well as the conclusion of the national ratification procedure in Serbia.

Twenty-sixth Amendment made US voting age 18

On June 30, 1971, the 26th Amendment to the US Constitution was ratified, making the legal voting age 18. Learn more about the history surrounding the passage of the 26th Amendment.

DRC gains independence, Congo crisis begins shortly thereafter

On June 30, 1960, the Congo gained independence from Belgium. Soon afterwards, the Congolese military mutinied, touching off the Congo Crisis that would compel UN and Belgian intervention and concluded with the installation of Mobutu Sese Seko as dictator of the country, which was renamed Zaire. Learn more about the Congo Crisis from the Internet Archive.