assignment in copyright

Find a Lawyer
Ask a Lawyer
Research the Law
Law Schools
Laws & Regs
Newsletters
Justia Connect
Pro Membership
Basic Membership
Justia Lawyer Directory
Platinum Placements
Gold Placements
Justia Elevate
Justia Amplify
PPC Management
Google Business Profile
Social Media
Justia Onward Blog

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

Related Areas

Small Business Legal Center
Entertainment Law Center
Communications and Internet Law Center
Sports Law Center
Related Areas
Bankruptcy Lawyers
Business Lawyers
Criminal Lawyers
Employment Lawyers
Estate Planning Lawyers
Family Lawyers
Personal Injury Lawyers
Estate Planning
Personal Injury
Business Formation
Business Operations
Intellectual Property
International Trade
Real Estate
Financial Aid
Course Outlines
Law Journals
US Constitution
Regulations
Supreme Court
Circuit Courts
District Courts
Dockets & Filings
State Constitutions
State Codes
State Case Law
Legal Blogs
Business Forms
Product Recalls
Justia Connect Membership
Justia Premium Placements
Justia Elevate (SEO, Websites)
Justia Amplify (PPC, GBP)
Testimonials

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.

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

Latest Posts

10 Ethical Principles and Responsibilities of Mediators - 10th May 2024
Remedies of Copyright Infringement, Its Effectiveness, and More - 5th May 2024
What Are the 3 Major Schools of Feminist Jurisprudence? - 29th April 2024

How to Start Studying Law – For New, Existing, and Old Students

How to Study and Prepare for Judiciary Exams (13 tips)

Tips, Syllabus, Exam Date, Bare Acts and MCQ Tests for AIBE

11 Tips to Pass AIBE With Bare Acts and MCQ Tests in 2024

How to Write the Best Answer in Judiciary Mains Exam

What Jobs and Career Options are There After Law

10 Legal Jobs and Career Options After Law in 2024

Best Books for Judiciary Exam Preparation in 2024

My name is Ankur . I am a law graduate. I was my college topper for five years. In March 2018, I started WritingLaw.com . The main motive was to make a modern law website that is clean and comfortable.

Everything is going well . This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. Thank you for your love and support. I hope you have a fruitful time here.

Law Study Material

Today’s Assignment: How to Assign a Copyright

Latest Blogs

A rose by any other color. municipal bond interest can be ta....

Under IRC § 103(b)(2) , interest which would otherwise be excluded from gross income under IRC § 103(a) is instead subject to federal income taxation if the obligation is classified as an arbitrage...

Rent Reductions for Commercial Tenants

Landlords and tenants often negotiate rent abatement clauses. These clauses are used as a lease incentive and also as a remedy when tenants are prevented from using or profiting from the premises due to...

FinCEN Adds New Commentary to Corporate Transparency Act FAQ

The Financial Crimes Enforcement Network (FinCEN) recently updated its Frequently Asked Questions page regarding beneficial ownership information reporting under the Corporate Transparency Act (CTA). The...

Practical Guidance Offers Help with Workplace Issues during Mental...

According to recent studies, over 20% of Americans struggle with some form of mental illness. To help advise employers on legal and practical workplace mental health issues, see this superb practice note...

Demystifying Means-Plus-Function: The Ins and Outs to MPF St...

Explore the law on means-plus-function claiming with this practice note describing when a utility patent claim should be interpreted as a means-plus-function or step-plus-function claim (functional claims...

Today’s Assignment: How to Assign a Copyright

This practice note covers the fundamentals of copyright assignments and rules for works made for hire, assignments from independent contractors or freelancers, partial copyright assignments, and recordation of copyright assignments. It includes links to the Nimmer on Copyright sections on transfer formalities, recordation of transfers, and construing the scope of assignments and other transfers for additional guidance and to help you continue your research and deepen your understanding of key tasks and areas of law.

READ NOW »

Published By Stanford Copyright and Fair Use Center

When performing copyright research, you may have questions about copyright rules or terminology. For example, you may uncover a registration indicating the work is “made for hire,” or you may find a document indicating that the copyright has been “reclaimed” by the author. Below are some answers to frequently asked questions (FAQs) about copyright ownership and transfers.

Ignore Heading – Content

Ignore heading – sub heading content, ignore heading – sub table content, what is a work made for hire.

Usually, the person who creates a work is also the initial owner of the copyright in the work. But this isn’t always the case. Under some circumstances, a person who pays another to create a work becomes the initial copyright owner, not the person who actually created it. The resulting works are called “works made for hire” (or sometimes simply “works for hire”). There are two distinct types of work that will be classified as made for hire:

a work created by an employee within the scope of employment, or
a commissioned work that falls within a certain category of works and that is the subject of a written agreement. (The types of works that qualify and other relevant requirements are explained in more detail in Chapter 15.)

If the work qualifies under one of these two methods, the person paying for the work (the hiring party) is the author and copyright owner. If you want to use the work, you should seek permission from the employer or hiring party, not the person who created the work. If in doubt, you may be able to determine work-for-hire status by examining the copyright registration.

What Is a Transfer of Title?

The person who owns a copyright is sometimes referred to as having “title” to the copyright. A “title” is the document that establishes ownership to property, like the title to your car or house. But even in the absence of an official document, the owner of a copyright is often said to have title to it.

Just like title to your car or house, title to a copyright can be sold or otherwise transferred. A person or company can have ownership (title) of a copyright transferred to it by means of an assignment (a sale in which all or part of a copyright is transferred) or through a will or bankruptcy proceedings. Since title to a copyright can be transferred, you may have to search copyright records to determine the current owner of a work you want to use.

There are two ways to determine if copyright ownership has been transferred: by reviewing the copyright registration certificate issued by the Copyright Office, or by locating an assignment or transfer agreement. By reviewing the copyright registration certificate, you can find out who currently claims copyright and on what basis. For example, if a publisher has been assigned copyright to a work, it will file a copyright registration in its own name and indicate on the registration that it acquired copyright through a legal transfer. Also, many companies file the agreement that establishes the assignment, license, or transfer with the Copyright Office. For example, if an artist assigned his work to a company, the company could file the assignment document with the Copyright Office.

What Is a Termination of a Transfer?

Sometimes an author transfers copyright to someone and then later the author reacquires it through a process known as “terminating a transfer.” Copyright laws provide a method by which authors can reclaim rights after a number of years. This termination and reclamation process is complex, and the rules differ depending on when the work was first published. As a very general rule, transfer terminations occur between 28 and 56 years after the first publication. Terminations are filed with the Copyright Office and can be located by researching Copyright Office records.

For more information on terminations of transfers, see Chapter 9 of The Copyright Handbook by attorney Stephen Fishman (Nolo).

What If More Than One Person Owns a Copyright?

A common question is whom to ask for permission if several people jointly own a copyright. Co-ownership of copyright can occur in various ways.  For example, if:

two people jointly create a work
the author transfers portions of the rights to different people  (for example, giving half to each child), or
the author sells a portion of the copyright to someone and keeps  the remainder.

Co-owners of copyright have a legal status known as “tenants in common.” When a co-owner dies, his or her share goes to his or her beneficiaries or heirs, not to the other co-owner. Each co‑owner has an independent right to use or non exclusively license the work—provided that he or she accounts to the other co‑owners for any profits. What this means for our purposes is that if you obtain the permission of any one co-owner, you can use the work. However, there are a few exceptions to this rule, as explained in the next section.

You can determine whether there is co-ownership of a certain work by reviewing Copyright Office documents. For example, a registration for a song might indicate that a composer and a lyricist co-own a song.

When Must You Get Multiple Permissions?

There are several situations in which you must obtain permission from all the co-owners of a work instead of just one. All co-owners must consent to an assignment of the work (a transfer of copyright ownership) or to an exclusive license (an agreement granting rights solely to one person).

Is There a Difference Between an Author and a Copyright Owner?

The author is the first owner of copyright. The author is either the creator of the work or the person who employs someone to create the work (see work-for-hire rules discussed above). Many authors do not retain their copyright ownership; they sell or transfer it to someone else in return for a lump sum payment or periodic payment known as a royalty. In this way, the author and copyright owner (sometimes referred to as “copyright claimant”) may be two different people. Even if you do not know the name of the current copyright owner, knowing the name of the author will help you find the owner in the Copyright Office records.

What If a Work Does Not Contain a Copyright Notice?

It’s common to start copyright research by examining the copyright notice. However, in some cases, the notice may be missing from the work. One reason you may not find a notice is because notice is not required on works first published after March 1, 1989. In addition, for works published prior to that date, notice is required only on visually perceptible copies—that is, copies that can be seen directly or with the aid of a device such as a film projector. Printed books, paintings, drawings, films, architecture, and computer programs are all visually perceptible. However, some works are not visually perceptible, such as a song on a compact disc. But copyright notice would be required if the song lyrics were printed on the album cover.

Another reason that a work may not include notice is that the owner failed to affix it, which may result in the loss of copyright. For works first published before 1978, for example, the absence of a copyright notice from a published copy generally indicates that the work is not protected by copyright. The absence of notice on works published between January 1, 1978 and March 1, 1989 may or may not result in the loss of copyright, depending on whether the owner corrected the error within five years of the publication and met other copyright law requirements.

What If There Is a Copyright Notice for an Entire Magazine but Not for the Specific Article You Want to Use?

If a story or a photograph is used in a magazine, there may be a copyright notice for the magazine but not for the specific story or photo that you want to use. That’s because the owners of magazines, anthologies, or greatest hits collections in which many different copyrighted works are collected (referred to as “collective works”) can use one copyright notice to protect all the works in the collection. This does not necessarily mean that the magazine owns the copyright in all of the works. It may or may not, depending on the contract with the author or photographer. Copyright Office research may not necessarily help you locate copyright information for these works because they may not be listed separately by title in the records. You may be better off contacting the owner of the collective work directly. The principles for contacting copyright owners are explained in the chapters dealing with specific media (text, artwork, photographs, and so on).

Comments are closed.

Marquette University Law School Faculty Blog

The Copyright Act: Standing and “Right to Sue” Assignments

Post author: Emil Ovbiagele
Post published: November 1, 2017
Post category: Intellectual Property Law / Public
Post comments: 6 Comments

Enforcement Action Rights under the Copyright Act

According to the federal Copyright Act, only “[t]he legal or beneficial owner of an exclusive right under a copyright is entitled , subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it.” 17 U.S.C. § 501(b) (emphasis added).

The Copyright Act lists the following exclusive rights of the owner of a copyright:

(1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

17 U.S.C. § 106. But “a person holding a non-exclusive license is not entitled to complain about any alleged infringement of the copyright.” HyperQuest, Inc. v. N’Site Sols., Inc., 632 F.3d 377, 382 (7th Cir. 2011). In order words, to have the requisite standing to sue, a plaintiff must exclusively own one of the enumerated rights listed above. Consequently, enforcement actions are limited to the specific rights exclusively owned. For example, a plaintiff who owns the exclusive rights to perform a literary work can only sue to enforce that specific rights. Such a plaintiff, cannot go after alleged infringers making unauthorized copies of the literary work.

Bare “Right to Sue” Assignments

Most federal courts have concluded that Congress did not intend for the “right to sue” to be a separate right because it was not included as a divisible right under the Act. The Copyright Act does not contemplate any transfer other than an ownership interest along with the enumerated six exclusive rights.

In Righthaven v. Democratic Underground , the imprudence of allowing assignments of such bare rights were made clear. 791 F. Supp. 2d 968 (D. Nev. 2011) In 2011, Righthaven LLC sued Democratic Underground for a five-sentence excerpt of a Las Vegas Review Journal news story that a user posted on the forum, with a link back to the Journal’s website. At the same time this lawsuit was going on, Righthaven had developed quite the litigious reputation. They brought over 200 similar suits.

But Righthaven never created, produced, or distributed any content. Instead, all they did was scour the internet looking for Review-Journal stories posted on blogs and online forums. They brought these suits under a “right to sue” assignment. Righthaven never actually owned an exclusive right to any of the copyrighted materials. They were copyright trolls.

The court stated “Righthaven and Stephens Media have attempted to create a cottage industry of filing copyright claims, making large claims for damages and then settling claims for pennies on the dollar, with defendants who do not want to incur the costs of defending the lawsuits.” Righthaven, LLC v. Democratic Underground, LLC , No. 2:10-cd-1356-RLH-GWF (D. Nev. Apr. 14, 2011), ECF No. 94. Judges who are confronted with these bare “right to sue” cases usually award significant attorney fees to the prevailing defendants, even at the motion to dismiss phase.

Parties intending to convey enforceable exclusive rights to a copyright must shore up their agreements to make the intent clear. And merely sprinkling the “exclusive license” lingo within a licensing or assignment agreement doesn’t suffice. See HyperQuest, Inc. v. N’Site Sols., Inc. 632 F.3d 377 (7th Cir. 2011). Thus, an exclusive right must be exclusive. An assignment is not exclusive if some form of right to limited use and distribution to other third parties is reserved.

In the copyright world, the “substance and effect” of any written assignment must reflect a true, even if temporary, transfer of complete ownership of a copyright interest. Overly aggressive plaintiffs who ignore this simple but important axiom of copyright law, do so at their own peril.

Fleeting indecencies and enduring constitutional doctrine, winning & losing in the courtroom: it’s not the same x + y + z you did in the last trial, why following the rules should get you out of prison early, this post has 6 comments.

I have an overly aggressive defendant who has lots of money, is an internet pirate, has no exclusive or beneficial rights and want to be a defendant real bad!

Rita Hutchens

I represent the exclusive owner of the legal rights in a literary work that has been infringed. My client who is resident abroad intends to give me a Power of Attorney to institute legal proceedings against the infringer. Does my client have the right to do this ?

I practice family law, so I don’t know 100%, but what seems logical to me is that if you sue in your name based on the POA, that would not work. If you sue with your client, the copyright holder, under the Copyright Act but you can execute litigation documents based on the POA, that would be acceptable.

I had a registered copyright to the software I created for 15 years, but a federal judge found (and the Ninth Circuit affirmed) that my company (no longer under my control) owned my copyrights even though there was no written agreement transferring ownership. See Johnson v. Storix (2017). Storix recorded the judgment with the Copyright Office, but not the actual ownership transfer because it has no written assignment. A federal court has no authority to invalidate a copyright registration or order a copyright transfer except involving common law (and I’m not bankrupt, divorced or dead.)

How can Storix enforce any rights under the Copyright Act if the copyright is still registered to me? Does the Ninth Circuit ruling establish Storix as the copyright owner in other circuits, or would they defer to the 2018 Supreme Court decision in Fourth Estate v. Wallstreet.com requiring a valid registration before instituting an infringement action?

Serious issues, what really is copyright? And why would anybody want to copy other people’s way of thinking. I’ve never had to copyright nobody’s work. A person fails to be a leader but yet a follower. I’m not a business person and then again I lead my own actions. Thank you

Communication key word: The world fails to understand this. Take control of been yourself, trust yourself to do right with whoever you encounter. Thank you

Understanding the Key Elements of a Copyright Assignment Agreements

Try our AI Legal Assistant - it's free while in beta 🚀

Genie's AI Legal Assistant can draft, risk-review and negotiate 1000s of legal documents

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom. Also note: This is not legal advice.

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.

Templates available (free to use)

Helpful? Not as helpful as you were hoping? Message me on Linkedin

Links to get you started

‍ Our AI Legal Assistant (free while in beta) Contract Template Library Legal Clause Library

Try the world's most advanced AI Legal Assistant, today

An official website of the United States government Here’s how you know keyboard_arrow_down

An official website of the United States government

The .gov means it’s official. Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

The site is secure. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

Jump to main content

Copyright basics

Copyright is a form of intellectual property that protects original works of authorship. In today’s global digital economy, artists, authors, and companies have unprecedented opportunities to disseminate their creative works and products to a worldwide audience. They also face daunting challenges from infringement and piracy. To take advantage of these opportunities and to respond to the challenges, creators and creative industries depend more than ever on their ability to protect and enforce their copyrights.

In order to understand the importance of copyright and how to protect it, it is important to examine the basics of copyright law: what it is, what it protects, and how to secure it. The primary purpose behind copyright law is to foster the creation and dissemination of works for the benefit of the public. By granting authors the exclusive right to authorize certain uses of their works, copyright provides economic incentives to create new works and to make them available in the marketplace.

This overarching goal is stated in the U.S. Constitution, Article I section 8, clause 8, “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

This language gives Congress broad authority to advance knowledge (“Science” in 18th century parlance) by providing authors with certain exclusive rights over their works for limited times.

The framers of the Constitution were convinced that the dissemination of knowledge was of critical importance to the new nation and that establishing a national copyright system was an efficient means to advance that goal.

More than 200 years later, the purpose of U.S. copyright law remains fundamentally the same: to provide the economic incentives for creativity that ultimately promote the public welfare. The Supreme Court put it this way in its 1975 decision in Twentieth Century Music Corp. v. Aiken : “The immediate effect of our copyright law is to secure a fair return for an ‘author’s’ creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good” [ Twentieth Century Music Corp. v. Aiken , 422 U.S. 151, 156 (1975)].

Copyright protects markets for American creative works not only in the United States, but also internationally. The United States is a party to several international agreements establishing minimum standards of copyright protection that member countries must adopt. These agreements—which include the Berne Convention for the Protection of Literary and Artistic Works, the World Intellectual Property Organization (WIPO) Copyright Treaty , the WIPO Performances and Phonograms Treaty , and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)—help to ensure that American creators have adequate legal protections against infringement of their works in foreign countries.

A copyright is a federally granted property right that protects rights holders from certain unauthorized uses of their original works of authorship. The subject matter eligible for protection is set forth in the Copyright Act of 1976 . Copyrightable works include literary, dramatic, musical, and artistic works such as books, plays, music, lyrics, paintings, sculptures, video games, movies, sound recordings, and software.

To be eligible for protection under the Copyright Act, a work must be fixed in a “tangible medium of expression.” A literary work, for example, can be fixed in a book or on the back of an envelope. A musical work can be fixed in sheet music, on tape, or in a digital file. A work of visual art can be fixed on a canvas, and a sculptural work in stone.

Copyright protection does not extend to ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. Copyright protects only the expression of an idea, not the idea itself. This principle, sometimes called the “idea-expression dichotomy,” ensures that protection will extend only to the original elements that the author has contributed to a work, not to the work’s underlying ideas, which remain freely available to the public.

Under the Copyright Act, a copyright owner has the exclusive right to reproduce, adapt, distribute, publicly perform, and publicly display the work (or to authorize others to do so). In the case of sound recordings, the copyright owner has the right to perform the work publicly by means of a digital audio transmission. These exclusive rights are freely transferable, and may be licensed, sold, donated to charity, or bequeathed to heirs.

Limitations and exceptions

The exclusive rights of copyright are limited in a number of important ways. It has long been recognized that properly crafted limitations on the exclusive rights of copyright owners help to fulfill copyright’s basic goal by allowing the use of copyrighted works for certain publicly beneficial purposes.

International copyright agreements to which the United States is a party set forth a number of specific exceptions and limitations that member states may recognize. Any additional exceptions or limitations must satisfy the so-called “three-step” test, which provides that a permitted use must (1) be limited to “certain special cases,” (2) “not conflict with a normal exploitation of the work,” and (3) “not unreasonably prejudice the legitimate interests of the author.”

U.S. copyright law contains numerous exceptions and limitations to the exclusive rights of copyright owners, including in the following areas:

Library and archival copying
Educational and nonprofit broadcasting for purposes of distance learning
Nonprofit live performances and displays
Reproductions for visually impaired persons
Making copies of computer programs for archival and/or maintenance purposes

In addition, section 107 of the Copyright Act codifies the doctrine of fair use, which permits certain other uses that are not covered by a specific statutory exception. While the doctrine is flexible and case-specific, section 107 sets forth an illustrative list of the types of uses that generally are considered appropriate for a finding of fair use. These include uses for purposes of criticism, comment, news reporting, teaching, scholarship and research. In determining whether a particular use is a fair use, section 107 specifies four factors that courts must consider: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

While many people believe that you must register your work with the U.S. Copyright Office before you can claim a copyright, no registration or other action in the Copyright Office is required to secure a copyright. A copyright is secured automatically when the work is created, as long as the work contains a sufficient degree of originality, and a work comes into being when it is fixed in a “copy or a phonorecord for the first time.” This is consistent with the Berne Convention, which states that the “enjoyment and exercise” of copyright “shall not be subject to any formality.”

Although registration with the Copyright Office is not required to secure protection, it does provide a number of benefits:

Registration establishes a public record of the copyright claim.
Registration is necessary before an infringement suit may be filed in court (for works of U.S. origin).
If made before or within 5 years of publication, registration establishes prima facie evidence in court of the validity of the copyright and of the facts stated in the registration certificate.
If registration is made within 3 months after first publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.

To register a claim to copyright with the U.S. Copyright Office, the claimant must: (1) submit a properly completed application; (2) pay a nonrefundable fee; and (3) deposit the required number of copies of the works to be registered.

The international minimum standard for the protection of copyright, as set forth in the Berne Convention and the TRIPS Agreement , is the life of the author plus another 50 years. Berne Union members are free to exceed the minimum standard. The United States, the European Union, and a number of other countries have elected to do so.

Under current U.S. law, for works created by individual authors on or after January 1, 1978, copyright protection begins with the creation of the work and lasts for the life of the author plus 70 years.

For anonymous works or pseudonymous works (if the name of the author is not revealed), and for works made for hire, copyright lasts for 95 years from the date of first publication, or 120 years from the date of creation, whichever expires first. The copyright in joint works lasts for the life of the last surviving author plus 70 years.

There is no such thing as an “international copyright” that will automatically protect an author’s works in countries around the world. Instead, copyright protection is territorial in nature, which means that copyright protection depends on the national laws where protection is sought. However, most countries are members of the Berne Convention and the TRIPS Agreement, which provide important protections for foreign authors.

Under these agreements, a member country generally must afford the nationals of other member states no less favorable copyright protection than it provides its own nationals. This bedrock principle of international copyright law is called “national treatment.”

U.S. Copyright Office

The United States Copyright Office registers copyright claims, records information about copyright ownership, provides information to the public about copyright, and assists Congress and other parts of the government on a wide range of copyright issues.

View copyright registration tutorials
View a video on the copyright registration process and its benefits to creators
Browse the Copyright Office’s Circulars to learn more about copyright

STOPfakes.gov

STOPfakes.gov is a one-stop shop for U.S. government tools and resources on intellectual property rights, including copyright. The federal agencies behind STOPfakes.gov have developed a number of resources to educate and assist businesses—particularly small and medium-sized enterprises, as well as consumers, government officials, and the general public—on how to protect and enforce their intellectual property rights. Visit STOPfakes.gov to learn more.

Additional information about this page

Assignment And Licensing Of Copyright

Contributor

Introduction

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input 1 . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Economic rights allow an owner to reap economic benefits from his intellectual creations. According to section 14 of the Copyright Act, 1957, different rights are recognised with respect to the nature of the work. As per this section, it is the exclusive right of the owner to do or authorise the doing of the acts provided thereunder.

The owner of copyright work can generate wealth not only by exploiting it himself but also by sharing it with others for mutual benefits. This can be done by way of assignment or licensing of copyright.

Assignment of Copyright (Section 18)

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work 2 . However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence.

In Video Master v. Nishi Production 3 , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment (Section 19)

As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties.

If the period of assignment is not mentioned it will be deemed to be taken as five years from the date of assignment. If the territorial extent of such assignment is not stipulated, it will be taken as applicable in whole of India.

Also, Section 19(8) contemplates that the assignment of copyright work against the terms and conditions on which rights have been assigned to a particular copyright society where the author of the work is a member shall be void. Further, Section 19(9) and section 19(10) opine that the assignment of copyright for making cinematograph film or sound recording shall not affect the right of the author to claim an equal share of the royalties and consideration payable with respect to use of his protected work.

In Saregama India Ltd v. Suresh Jindal 4 , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Disputes with Respect to Assignment of Copyright (Section 19a)

As per section 19(a) the Appellate Board may on the receipt of a complaint from the assignor and on holding such inquiry as it may deem necessary, revoke such assignment, if the assignee fails to make sufficient exercise of the rights assigned to him , and such failure is not attributable to any act or omission of the assignor.

In case of a dispute with respect to the assignment of copyright, the Appellate Board may pass a suitable order on receiving a complaint from the aggrieved party and after holding such inquiry as it considers necessary including an order for the recovery of any royalty payable.

Assignment by Operation of Law (Section 20)

When the owner of a copyright dies the copyright will pass on to his personal representative as part of the estate, provided that no will has been executed. Section 20 provides that if a person is entitled for copyright under bequest and such work has not been published before the death of the testator, unless contrary intention is shown under testators will or any codicil thereto, such person shall be considered as having copyright in the work so far as testator was the owner of copyright immediately before his death.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license (Section 30)

The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary.

The mode of license is like an assignment deed, with necessary adaptations and modifications in section 19 (section 30A). Therefore, like an assignment, a license deed in relation to a work should comprise of following particulars:

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive - The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Non-exclusive – It does not confer right of exclusion. It is mere grant of an authority to do a particular thing which otherwise would have constituted an infringement. When owner grants an exclusive right, he denudes himself of all rights and retains no claim on the economic rights so transferred.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory License

Being a member of Berne Convention, India has incorporated the provision of compulsory license in the Copyright Act, 1957. The Act provides for grant of compulsory license for Indian work in the public interest, in certain circumstances:

Works Withheld from Public

The Indian Copyright Act provides for the grant of compulsory licences in work which has been published or performed in public. It empowers the Appellate Board to direct the Registrar to grant license, if a complaint is made to it in writing under the Act, during the subsistence of copyright stating the necessary facts which are conditions precedent to its exercise of power, provided the owner has been approached in the first instance for the grant of license and it is only if he has refused to publish or allow the republication of the work and by the reason of such refusal the work is withheld from the public. In case where two or more persons have made a complaint, the licence shall be granted to the complainant who in the opinion of the Copyright Board would serve the interest of the general public. In Super Cassette Industries Ltd v. Entertainment Network (India) Ltd, Mumbai 5 the respondents who were running a radio FM channel under the brand name Radio Mirchi, made several attempts to obtain a license from Super Cassette Industries ltd (SCIL) to play its sound recordings but failed to get it. The Copyright Board ultimately issued them a compulsory license against which an appeal has been filed in the Delhi High Court. After contemplating over section 31, Court observed that in case compulsory license had to be granted to all, then there was no need of any enquiry as envisaged by section 31. The court also opined that once the copyright was in public, refusal has to be made on reasonable and valid ground. While making an order under section 31, the Board had to maintain a delicate balance between the private rights and the copyright vis-a vis- public interest. The case was sent back to the Copyright Board for fresh consideration.

Compulsory License in Unpublished or Published Work (Section 31-A)

According to this section, where the author is dead or unknown or cannot be traced , or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or translation thereof in any language.

Before making such an application, the applicant should publish his proposal in one issue of a daily newspaper in that language. The application to the copyright board should be in the prescribed form and accompanied by the prescribed fee and with the copy of advertisement issued.

The Copyright Board after making the certain prescribed enquires direct the Registrar of Copyright to grant license to the applicant to publish the work or its translation subject to the payment of royalty and other conditions.

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Any person working for the benefit of persons with disability on a profit basis or for business may apply in prescribed manner to the Appellate Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons. However, where a compulsory licence has been issued, the Appellate Board may on a further application and after giving reasonable opportunity to the owners of the rights, extend the period of compulsory licence and allow the issue of more copies as it deems fit. 6

Statutory License for Cover Versions (Section 31-C)

Cover means a sound recording made in accordance with section 31C. Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so.

The person making the cover version is required to give prior notice to the owner of the copyright in such works and to the Registrar of Copyright at least 15 days in advance of making the cover version. Advance copies of all covers with which the sound recording is to be sold to be provided or royalties to be paid in advance. One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush Aggarwal 7 , stated that sound recording included a subsequent original sound recording made from the musical and literary work and which was called a version recording i.e. a sound recording made after a first sound recording was made by use of the musical work and literary work.

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

Any broadcasting organization, desirous of communicating published work to the public by way of broadcast (by way of television broadcast or radio) or a performance of any published musical/ lyrical work and sound recording, can do so by giving prior notice of this intention to the owners. The notice must specify the duration and territorial coverage of the broadcast. Corresponding royalties are required to be paid to the owner of copyrighted work. Rates of television broadcasting are different from the rate fixed with respect to radio broadcasting. At the time of fixing the rate of royalty the Copyright Board may ask the broadcasting organisation to deposit some amount of money in advance to the owner.

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

Section 32 of the Copyright Act provides that after expiry of a period of seven years from the first publication of a literary or dramatic work, any person may apply to the Copyright Board for a license to produce and publish a translation of work. Where the work is not Indian work, any person may apply to the Board for a license to produce and publish a translation in printed or analogous form of reproduction of a literary or dramatic work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purpose of teaching, scholarship or research. But where translation is in a language not in general use in any developed country, such application may be made after the period of one year from such publication.

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

According to this section, any person may apply to the Copyright Board for a license to reproduce and publish any literary, scientific or artistic work after the expiration of the relevant period from the date of first publication of an edition of such work, if the copies of such edition are not made available in India , or such copies have not been put on sale in India for a period of six months to the general public or in connection with systematically instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf.

The period prescribed are:

Seven years for work related to fiction, poetry, drama, music or art
Three years for works related to natural science, physical science mathematics or technology
Five years for any other work

The term 'assignment' and 'license' are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

An assignment may be general, i.e. without limitation or an assignment may be subject to limitations. It may be for the whole term of copyright or any part thereof. An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee. The assignee being invested with the title in the copyright may reassign 8 .

1 This is known as the 'Doctrine of Sweat of the Brow', whereby a work is given copyright protection if the author has applied 'labour, skill or judgment' in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

2 Section 18(2)

3 23 IPLR 388 (1998)

4 2007 (34) PTC 522 (Cal )

5 (2004) 29 PTC 8 (DEL)

6 Indian Copyright Act, 1957, Sec- 32 (B)

7 2014 (58) PTC 169 (Del)

8 Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Intellectual Property

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Copyright Assignment Agreement

Jump to section, 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 .

Who Helps With Copyright Assignment Agreements?

Lawyers with backgrounds working on copyright assignment agreements work with clients to help. Do you need help with a copyright assignment agreement?

Post a project in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate copyright assignment agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

Need help with a Copyright Assignment Agreement?

Meet some of our copyright assignment agreement lawyers.

Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.

I'm an attorney available to help small businesses in Georgia get started with initial business set-up, required filings, tax strategies, etc. I'm also available to draft, review, and negotiate contracts. I can draft and file real estate quit claims as well. My experience areas include small business startups, information technology, technology innovation, real estate transactions, taxes, community associations, intellectual property, electrical engineering, the business of video game development, higher education, business requirements definition, technology consulting, program management, and the electric utility industry. I work part-time for a local law firm and part-time in my solo practice. I'm also an adjunct professor at Southern New Hampshire University teaching business innovation and business law. In addition, I'm part owner, legal counsel to, and a board member of a virtual reality video game development company. I am a member of the Georgia Bar Association. Please reach out if you need attorney, documentation or consulting help in any of those areas!

Attorney with a wide-range of experience

The Castro Law Firm, located in Royal Palm Beach, Florida, provides a range of legal services to clients that focus on probate, estate plannnig and business matters. Our staff is fluent in Spanish. We offer free consultations and virtual appointments.

I build legal solutions which create extraordinary value for my clients. I am a partner in Alliance Law Firm International PLLC in Washington. My specialties include tax, wealth management, estates, corporations/business, venture capital, private equity, and natural resources. Prior to practicing law, I had a decade-long career in international private equity and investment banking. I have worked on building and managing companies in technology, energy, materials, retail, and natural resources. I am licensed to practice in the District of Columbia and Pennsylvania. I have degrees from the Georgetown University Law Center (JD) and the Yale School of Management (MBA).

I am a Silicon Valley tech lawyer with over 13 years of in-house experience and additional years in BigLaw. I provide tech licensing, data privacy, employment, international expansion, go to market, and other corporate and commercial legal services to clients in software, SaaS, bio-tech, cryptocurrency, financing, and construction business. I currently run my own practice concentrating on transactional, commercial, corporate or employment matters. Prior to starting my own practice, I joined as the first in-house counsel to lead the global legal strategy to bring tech products to market, increase revenue, decrease exposure to risk, and raise venture funding for HashiCorp Inc., currently an unicorn technology company with evaluation over $5 billion and venture funding over $350 million; Sysdig Inc., a technology company with venture funding of $195 million; and Anaplan Inc., currently a publicly traded company on the US Stock Market. Furthermore, I acted as in-house counsel advising leading technology enterprise companies such as HP, VMware, and Genentech and currently act as member of strategic advisory boards to several technology companies located globally

I'm a tenants rights attorney based (and licensed) in New York. My expertise includes filing complaints and responsive pleadings as well as reviewing leases and contracts and motion practice.

Find the best lawyer for your project

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

Intellectual Property lawyers by top cities

Austin Intellectual Property Lawyers
Boston Intellectual Property Lawyers
Chicago Intellectual Property Lawyers
Dallas Intellectual Property Lawyers
Denver Intellectual Property Lawyers
Houston Intellectual Property Lawyers
Los Angeles Intellectual Property Lawyers
New York Intellectual Property Lawyers
Phoenix Intellectual Property Lawyers
San Diego Intellectual Property Lawyers
Tampa Intellectual Property Lawyers

Copyright Assignment Agreement lawyers by city

Austin Copyright Assignment Agreement Lawyers
Boston Copyright Assignment Agreement Lawyers
Chicago Copyright Assignment Agreement Lawyers
Dallas Copyright Assignment Agreement Lawyers
Denver Copyright Assignment Agreement Lawyers
Houston Copyright Assignment Agreement Lawyers
Los Angeles Copyright Assignment Agreement Lawyers
New York Copyright Assignment Agreement Lawyers
Phoenix Copyright Assignment Agreement Lawyers
San Diego Copyright Assignment Agreement Lawyers
Tampa Copyright Assignment Agreement Lawyers

ContractsCounsel User

Licensing Agreement for Physical Therapy Code

Location: montana, turnaround: less than a week, service: drafting, doc type: ip assignment agreement, number of bids: 2, bid range: $350 - $500, ip protection for product development, location: florida, number of bids: 5, bid range: $250 - $750, want to speak to someone.

Get in touch below and we will schedule a time to connect!

Find lawyers and attorneys by city

Understanding Assignment of Copyright

Copyright is a bundle of rights and can be exploited in several ways independently from each other. Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.

What is an Assignment of Copyright?

An assignment is, in spirit, a transfer of ownership, even if it is partial. The copyright owner in an existing work or the future owner of the copyright in a further work may assign to any person the copyright either wholly or partially, either generally or subject to limitation, either for the whole of copyright or any part thereof. In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea.

No one has the right to copy, reproduce, sell, or publish an original work without the permission of the creator. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party. Another important thing to note is that with the assignment of a copyright, the assignee shall also enjoy all the rights related to the copyright of the assigned work.

An assignment has two objectives:

Where an assignee is concerned, it confers on him the right of exploitation of work for a specified period in the specified territory; and;
For the assignor, it confers on him the right to receive a royalty on the work assigned.

Mode of Assignment of Copyright

The owner of the copyright in the existing or future work may assign it to any person. It can be assigned either wholly or partially and with or without limitation on the whole or any part of the copyright. Assignment of copyright in any work shall not be valid unless it is in writing and signed by the assignor or by his authorized agent. Oral assignment of copyright is usually neither permissible nor valid. It shall identify the work and specify the rights assigned, the duration, the territorial extent of such assignment, and the amount of royalty payable to the author.

Difference between Assignment and Licensing of Copyright

Copyright license and assignment of copyright are two dissimilar terms that cannot be used interchangeably. Each of them is different in its own way. A license provides approval of an act, and without it, the authorization would amount to infringement. Licensing usually involves authorizing some of the rights out of many. It can either be exclusive or non-exclusive. In the case of assignment, it includes the disposal of the copyright, which in simple terms means the assignor assigns the copyright to another person or the transfer of ownership of the copyright to some other person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and the ownership is not transferred to the licensee. A license does not confer any right to the licensee against a third party or licensor, but an exclusive licensee has substantial rights against the licensor and even a right to sue the licensor.

A licensee also has the right to make amendments provided that his license does not restrict that right. In case there is a failure in paying the royalties, the licensor can revoke the license. When it comes to the assignment, the same is not possible. However, if there is anything harsh that can affect the author, it may lead to revocation in the event of a complaint made to the copyright board.

A copyright license, unlike a copyright assignment, needs to be in writing. It can be oral or implied after considering all the facts and circumstances relating to the transaction between the owner of the copyright and the licensee. Thus, if an individual who is the owner of a copyrighted work thinks about assigning the copyright, he can consider licensing his copyright instead of assigning it. It would help in retaining ownership, thereby licensing only certain rights to another party.

Essential Features of a Copyright Assignment Agreement

The assignment must specify the amount of copyright. The creator shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright, subject to certain conditions.
The ownership may be assigned either wholly or partially.
The assignment should also specify the duration.
The territorial extent of such assignment should be specified.
The assignment shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties.
The creator is entitled to subsequent royalties in the course of future exploitation of a work.
The assignee has the rights of translation, abridgment, adaptation, and dramatic and filmmaking in the work after obtaining the rights via assignment deed.

The main objective of the assignment process is to give financial and distribution benefits to the original work. Copyright assignment can prove to be a necessity in this world as it may lead to enhancing the potential of the original work by reaching several individuals as they may add their creativity to the original work. However, the practicality of copyright assignment has been controversial on several occasions due to the increasing number of Copyright Infringement cases. ✅ For more visit: https://www.kashishipr.com/

Subscribe to our newsletter

Like Us On Facebook

Designed and Developed by K-erda

This copyright assignment is between , an individual a(n) (the " Assignor ") and , an individual a(n) (the " Assignee ").

The Assignor has created and (a) has registered or (b) has applied for registration with the Copyright Office of those works listed in Exhibit A (collectively, the " Work ").

The Assignor wishes to transfer to the Assignee all of its interest in the Work, and the Assignee wishes to acquire all of the Assignor's interest in the Work.

The parties therefore agree as follows:

1. ASSIGNMENT OF AUTHORED WORKS.

The Assignor assigns to the Assignee, and the Assignee accepts the assignment of, all of the Assignor's interest in the following:

(a) the Work listed in Exhibit A ;
(b) all of the exclusive rights granted to the owner of a copyright under United States federal law, including all rights to reproduce, publish, adapt, modify, distribute, create derivative works based on the Work, display, publicize, and transmit (digitally or otherwise) the Work;
(c) the registrations and applications for registrations of each Work, and any renewals or extensions of those;
(d) all goodwill and moral rights in and to the Work;
(e) all income, royalties, and damages due to the Assignor with respect to the Work, including damages and payments for past or future infringements and misappropriations of the Work; and
(f) all rights to sue for past, present, and future infringements or misappropriations of the Work.

2. CONSIDERATION.

The Assignee shall pay the Assignor a flat fee of as full payment for all rights granted under this agreement. The Assignee shall complete this payment no later than .

3. RECORDATION.

In order to record this assignment with the United States Copyright Office, within hours of the effective date of this assignment, the parties shall sign the form of copyright assignment agreement attached as Exhibit B . The Assignor Assignee is solely responsible for filing the assignment and paying any associated fees of the transfer.

4. NO EARLY ASSIGNMENT.

The Assignee shall not assign or otherwise encumber its interest in the Work or any associated copyright registrations until it has paid to the Assignor the full consideration provided for in this assignment. Any assignment or encumbrance contrary to this provision shall be void.

5. DOCUMENTATION.

The Assignor shall provide the Assignee with a complete copy of all documentation (in any format) relating to the Work for the Assignee's own use, to meet record-keeping requirements of the Assignee, or to allow the Assignee to assert its rights granted pursuant to this assignment. The Assignor shall also, on request:

(a) sign any additional papers, including any separate assignments of the Work, reasonably necessary to record the assignment in the United States;
(b) do all other lawful acts reasonable and necessary to record the assignment in the United States; and
(c) sign all papers reasonable and necessary for Assignee to obtain a copyright on any of the Work.

6. NO FURTHER USE OF WORK. NONEXCLUSIVE LICENSE TO ASSIGNOR.

After the effective date, the Assignor may make no further use of the Work or any derivatives of the Work, except as authorized by the prior written consent of the Assignee, and the Assignor may not challenge the Assignee's use or ownership, or the validity, of the Work. However, the Assignor shall retain its rights to be identified as the author whenever the Work is reproduced, published, distributed, or otherwise publicly displayed. After the effective date, the Assignee grants back to the Assignor a nonexclusive, royalty-free license to use the Work as the Assignor sees fit, including for the creation of derivative works of those Work. This license does not limit the Assignee's rights and public rights under this assignment.

7. ASSIGNOR'S REPRESENTATIONS.

The Assignor hereby represents to the Assignee that:

(a) the Assignor is the sole owner of all interest in the Work;
(b) the Work is original, are not in the public domain, are not plagiarized, and do not contain anything that is libelous or obscene;
(c) the Assignor has not transferred, licensed, pledged, or otherwise encumbered any Work or agreed to do so;
(d) the Assignor is not aware of any violation, infringement, or misappropriation of any third party's rights or any claims of rights (including existing intellectual property rights, rights of privacy, or any other rights) by the Work;
(e) the Assignor is not aware of any third-party consents, assignments, or licenses that are necessary to perform under this assignment; and
(f) the Assignor was not acting within the scope of employment of any third party when conceiving, creating, or otherwise performing any activity with respect to the Work.

8. GOVERNING LAW.

(a) Choice of Law. The laws of the state of govern this agreement (without giving effect to its conflicts of law principles).
(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

9. AMENDMENTS.

No amendment to this assignment will be effective unless it is in writing and signed by a party.

10. ASSIGNMENT AND DELEGATION.

(a) No Assignment. Neither party may assign any of its rights under this assignment, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
(b) No Delegation. Neither party may delegate any performance under this assignment, except with the prior written consent of the other party.
(c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.

11. COUNTERPARTS; ELECTRONIC SIGNATURES.

(a) Counterparts. The parties may execute this assignment in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
(b) Electronic Signatures. This assignment, agreements ancillary to this assignment, and related documents entered into in connection with this assignment are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

12. SEVERABILITY.

If any one or more of the provisions contained in this assignment is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this assignment, but this assignment will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this assignment to be unreasonable.

13. NOTICES.

(a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this assignment shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this assignment: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
(b) Addresses. A party shall address notices under this section to a party at the following addresses:
If to the Assignor:
If to the Assignee:
(c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

14. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this assignment will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

15. ENTIRE AGREEMENT.

This assignment constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this assignment. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this assignment are expressly merged into and superseded by this assignment. The provisions of this assignment may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this assignment by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this assignment. Except as set forth expressly in this assignment, there are no conditions precedent to this assignment's effectiveness.

16. HEADINGS.

The descriptive headings of the sections and subsections of this assignment are for convenience only, and do not affect this assignment's construction or interpretation.

17. EFFECTIVENESS.

This assignment will become effective when all parties have signed it. The date this assignment is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this assignment.

18. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this assignment contemplates or to evidence or carry out the intent and purposes of this assignment.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature.

[PAGE BREAK HERE] EXHIBIT A LIST OF WORKS TRANSFERRED

[PAGE BREAK HERE]

EXHIBIT B FORM OF COPYRIGHT ASSIGNMENT

For good and valuable consideration, the receipt of which is hereby acknowledged, an individual a(n) (the " Assignor ") hereby assigns to an individual a(n) (the " Assignee ") all of the Assignor's interest in the Assigned Copyrights identified in Attachment A to this assignment, and the Assignee accepts this assignment.

Each party is signing this agreement on the date stated opposite that party's signature.

ATTACHMENT A (TO EXHIBIT B) ASSIGNED COPYRIGHTS

Free Copyright Assignment Template

Protect your intellectual property with a copyright assignment form. securely transfer your copyright to another party, clearly defining ownership terms while preserving your rights effectively..

Complete your document with ease

How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.

Copyright assignment: How-to guide

Have you ever wondered what happens to your creative work once it's out in the world? How can you ensure that your intellectual property remains protected? These questions often lead us to explore the world of copyright assignment.

Copyright assignments empower creators to control the destiny of their creations. In this how-to guide, we'll explain the details of copyright assignments.

Join us as we deep dive into copyright ownership and discover how you can effectively transfer your rights to others while safeguarding your creative legacy.

What is a copyright assignment?

Copyright assignment refers to the transfer of copyright ownership rights from one party to another. Copyright owners have exclusive rights to their creative works, including the right to perform, display, distribute, reproduce, and create derivative works based on the original. These rights are protected for a specified duration , typically throughout the life of a creation:

1. Copyright protection for works created by individual writers on or after January 1, 1978, begins at the time of creation and lasts for the author's life plus 70 years.

2. Copyright for anonymous or pseudonymous works (if the author's name is not revealed) and works done for hire are valid for 95 years from the date of first publication or 120 years from the date of creation, whichever expires first.

3. The copyright in joint works is valid for the life of the last living author plus 70 years.

Copyright assignment involves the assignor (the original copyright holder) transferring their rights to the assignee (the new copyright owner) through a written agreement. Key terms to understand include the assignor, assignee, consideration (something of value exchanged for the transfer), and the transfer of rights.

What are the types of copyright transfer?

1. Exclusive : In an exclusive assignment, the assignee gains exclusive rights to use the copyrighted work.

2. Non-exclusive : In a non-exclusive assignment, the assignor retains the right to license the work to others.

3. Partial : Partial assignments may also be considered, transferring only specific rights or territories.

What are the benefits of copyright assignment?

Monetization

Assigning copyright allows creators or the copyright owner to monetize their personal property by selling or licensing their rights to others, providing opportunities for additional income streams.

Transfer of responsibility

By assigning copyright, creators can transfer the responsibility for managing and protecting their personal property rights to the assignee, relieving them of the burden of enforcement and administration.

Expanding reach

Assigning copyright to a larger entity, such as a publishing house or production company, can help creators reach a wider audience and expand the distribution of their works.

Legal protection

Assigning copyright provides legal protection against unauthorized use or reproduction of the work, allowing assignees to take legal action against infringers to protect their rights.

Collaboration opportunities

Copyright assignment facilitates collaboration between creators and businesses, enabling joint ventures and partnerships that can lead to creative synergies and mutually beneficial outcomes.

When do you need a copyright assignment?

The following situations may require you to think about assigning a copyright:

Collaborative projects

A copyright assignment may be necessary to establish ownership and distribution rights when working with others on a creative endeavor, such as authoring a book or making a movie.

Commissioned work

A copyright assignment can outline the ownership and usage rights for any work you are contracted to produce for someone else, including written articles, music compositions, and artwork.

Your employer may ask you to assign your copyright to them as part of your employment agreement if you produce intellectual property as part of your work, such as software code, marketing materials, or product designs.

Selling or licensing

A copyright assignment agreement will formalize the transfer of rights and set out the conditions of the transaction if you choose to sell or license your copyright to a third party, such as a publishing house, record label, or production studio.

Safeguarding your legacy

As you make plans, you should ensure that your creative works' management and preservation follow your instructions. You may create a clear plan for how your personal property will be managed after your death with the use of a copyright assignment.

Copyright assignment is required anytime you need to distribute or transfer ownership of your creative works in a way that is official and compliant with the law. All parties concerned benefit from its clarity and protection, which guarantees that the rights and obligations related to intellectual property are accurately established and respected.

What laws and regulations to follow for copyright assignment in the US?

Copyright assignment in the United States is governed by federal law, primarily outlined in the Copyright Act of 1976 . This legislation provides the legal framework for copyright ownership and transfer, ensuring that assignments are enforceable and legally binding. In addition, the following points must be considered.

Ensuring validity and compliance : Precautions must be taken to guarantee the authenticity and validity of a copyright transfer. These include recording the assignment's conditions, getting the original express approval of the copyright owner, and making sure all legal requirements are met. To find and fix any possible validity issues, the written agreement must be legally reviewed. It might be advisable to visit the copyright office.

Legal requirements and formalities : A proper copyright assignment requires attention to legal requirements. One part of this is making sure the assignment agreement is in writing and signed by all parties. In addition to safeguarding the rights of both the assignor and the assignee, written agreements offer clarity and act as proof of the transfer of ownership.

What are the elements of a copyright assignment?

A copyright assignment agreement typically includes several essential components:

Identification of the parties involved (assignor and assignee)

This part identifies who is giving up the rights to the work (assignor) and who is receiving them (assignee).

Description of the copyrighted work

This describes the creative work being transferred, such as a book, song, or artwork.

Scope of rights being transferred

It specifies exactly which rights, such as reproduction, distribution, or adaptation rights, are being given up by the assignor and acquired by the assignee.

Reproduction rights : These refers to the right to make copies or reproductions of the copyrighted work. For example, if the assignee has reproduction rights, they can produce copies of a book, music recording, or artwork.
Distribution rights : These refer to the right to distribute copies of the copyrighted work to the public. This includes selling, renting, leasing, or otherwise making the work available to the public. For example, if the assignee has distribution rights, they can sell copies of a book in bookstores or distribute copies of a film through online streaming platforms.
Adaptation rights : This refers to the right to create derivative works based on the copyrighted work. A derivative work is a new work that is based on or adapted from the original work, such as a movie adaptation of a book or a remix of a song. If the assignee has adaptation rights, they can create and distribute adaptations or derivative works based on the original copyrighted work.

Consideration exchanged for the transfer

Consideration refers to what the assignee gives to the assignor in exchange for the rights to the work. It could be money, goods, services, or other valuable benefits.

Signatures of all parties

All parties involved in the agreement need to sign it to make it legally binding. This ensures that everyone agrees to the terms of the copyright assignment.

The effective date of the assignment

This is the date when the transfer of copyright ownership becomes official and legally enforceable.

Recordation

Recordation involves officially documenting the copyright assignment with the appropriate government office, such as the U.S. Copyright Office. This provides a public record of the transfer.

No early assignment

This clause specifies that the assignor cannot transfer the rights to the work before a certain date or event specified in the agreement.

This clause is typically included to provide stability and certainty to both parties involved in the agreement. It ensures that the assignor cannot prematurely transfer the rights to the work, thereby disrupting the intended timeline or violating the terms of the agreement. This clause helps in:

Protecting investment : The assignee may have invested time, resources, or finances into the agreement, and the "no early assignment" clause helps protect their investment by ensuring that the assignor cannot abruptly transfer the rights to someone else.
Completion of obligations : The clause may specify that the rights cannot be transferred until either party fulfills certain obligations or conditions. This ensures that both parties fulfill their responsibilities before the rights are transferred.
Preventing premature transfers : It prevents the assignor from transferring the rights to the work before the assignee has had sufficient time to benefit from the assignment or before certain milestones are reached.
Maintaining stability : This clause helps maintain stability by establishing a clear timeline for the transfer of rights and prevents unexpected changes or disruptions to the agreement.

Assignor’s representations

The assignor or the copyright holder may need to make certain statements or assurances about the work being transferred, such as confirming that they are the rightful owner of the copyright. The reasons being:

Legal assurance : By making representations about the work being transferred, the assignor provides legal assurance to the assignee that they have the rightful ownership of the copyright. This helps establish the validity and authenticity of the transfer.
Protection against claims : The representations serve as protection for the assignee against any claims or disputes regarding the ownership of the copyright in the future. If the assignor falsely represents themselves as the rightful owner, they may be held liable for any resulting damages.

This section outlines how the agreement can be modified or amended in the future if necessary.

A waiver clause specifies whether any rights or obligations under the agreement can be waived by either party and under what circumstances.

Now that you know the elements of a copyright assignment agreement, you may create one with greater clarity and detail by following the above list. This involves defining the rights being transferred accurately, including any restrictions or conditions, and, if required, obtaining legal counsel. A well-written contract helps in avoiding miscommunications and conflicts.

You can also use pre-made templates, like the copyright assignment template provided on this page, to speed up the process of drafting a copyright transfer agreement. Templates provide the agreement structure, which makes it simpler to modify and tailor to particular requirements.

What are the consequences of copyright infringement?

1. Legal liability

Infringers may be liable for legal action, including injunctions, damages, and attorney fees, which can result in financial losses and potential reputational damage.

2. Loss of revenue

Infringement of copyright can result in lost revenue for creators and assignees, as unauthorized use of their works deprives them of potential licensing or sales opportunities.

3. Damage to reputation

Infringement can damage the reputation of creators and assignees, harming their credibility and trustworthiness in the eyes of consumers and business partners.

4. Diminished control

Copyright infringement devalues the control that creators and assignees have over their intellectual property, diminishing their ability to dictate how their works are used and distributed.

5. Erosion of rights and potential public domain status

Failure to enforce copyright protections can lead to the gradual loss of rights over time. Infringers may exploit this lapse by arguing that the works have entered the public domain or that they have acquired rights through long-term usage. This underscores the importance of proactive enforcement to safeguard intellectual property rights.

To sum up, copyright assignment is an essential tool that helps creators properly manage and safeguard their personal property rights. Through formal agreements, creators may transfer ownership of their works and open up new avenues for profit, cooperation, and reach. Nonetheless, the consequences of copyright infringement highlight how important it is to enforce and defend these rights with care. Creators and assignees may confidently handle the complicated world of intellectual property and secure the existence and success of their creative activities for future generations by knowing and following copyright assignment standards.

Frequently asked questions

What does a copyright assignment mean.

The creator of intellectual property protected by copyright can sell that material and transfer the copyright to a buyer. A copyright assignment clarifies the terms of the transfer of ownership to a new person or business.

Here's the information you'll need to have handy to complete your copyright assignment:

Who it's coming from (original owner) : Determine if a business or individual is sending the document and have the assignor’s name and contact information ready
Who it's going to : Know who this document is going to and have the individual or business name and contact information of the assignee ready
Copyright registration information : Identify the material's title, registration number, and date
Payment : Decide the sale amount and when the buyer needs to pay

What is the process of assignment of copyright?

Transferring ownership of creative works through a formal agreement is the process of assigning copyright. In this arrangement, the parties typically identify themselves, describe the copyrighted work, specify the rights being transferred, exchange compensation, obtain signatures, and register the assignment with the relevant authorities for legal recognition.

Related templates

Assignment of Agreement

Transfer work responsibilities efficiently with an assignment of agreement. Facilitate a smooth transition from one party to another.

Intellectual Property Assignment Agreement

Safeguard the sale or purchase of assets with an intellectual property assignment agreement. Transfer the ownership of patents, trademarks, software, and other critical assets easily.

Patent Application Assignment

Transfer the ownership rights or interests in a patent application. A patent application agreement defines the terms of transfer, promotes collaboration, and mitigates risks.

Patent Assignment

Simplify the process of transferring patent rights for both buyers and sellers with a patent assignment agreement. Document the ownership transfer clearly and efficiently.

Trademark Assignment

Simplify the buying and selling of trademarks with a trademark assignment agreement. Transfer intellectual property rights and ensure a fair and smooth transaction.

Trademark License Agreement

Ensure fair use of intellectual property with a trademark license agreement. Outline the terms of usage and compensation.

Practical Law

Assignment of copyright: formalities

Practical law uk articles 2-518-8005 (approx. 9 pages), get full access to this document with a free trial.

Try free and see for yourself how Practical Law resources can improve productivity, efficiency and response times.

About Practical Law

This document is from Thomson Reuters Practical Law, the legal know-how that goes beyond primary law and traditional legal research to give lawyers a better starting point. We provide standard documents, checklists, legal updates, how-to guides, and more.

650+ full-time experienced lawyer editors globally create and maintain timely, reliable and accurate resources across all major practice areas.

83% of customers are highly satisfied with Practical Law and would recommend to a colleague.

81% of customers agree that Practical Law saves them time.

Trade Marks
Cross-border - IP&IT
Hong Kong - PRC
Russian Federation
Switzerland
United Arab Emirates
United Kingdom

Assignment and Licensing of Copyrights under Copyrights Act

Intellectual Property Rights Subject-wise Law Notes
January 8, 2021

Introduction

IP is an intellectual work which is produced by intellectual human brain. For e.g. literary work, musical work, inventions, etc. it is an intangible property. It is described as property because it is capable of sale, purchase, mortgage, etc. the owner if IP has rights over his intangible property. No one can make use of IP without the consent of the owner. IP is made to protect their rights and the infringement.

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input [1] . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Today copyright includes a variety of industries like: the information industry and the entertainment industry and industrial design.

Assignment of Copyrights : Section 18 of Copyrights Act

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work. [2] However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

In Video Master v. Nishi Production [3] , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment: Section 18 of Copyrights Act

In Saregama India Ltd v. Suresh Jindal [4] , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license: : Section 18 of Copyrights Act

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive – The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory Licenses

Compulsory and statutory licenses can impact both the identity of the licensee who the owner chooses to deal with and the terms, including rates of royalty, that the owner may stipulate for such dealing. Viewed from this perspective, compulsory licenses are less of an infraction on owner autonomy, on both these counts. The owner does retain a fair bit of autonomy to enter into appropriate licensing arrangements with those who he may deem fit, and he is also permitted to negotiate on the terms of the license within the zone of reasonableness. Normally, it is an unreasonable refusal to deal with a person that gives rise to a compulsory license. This brings us to the third important distinction between a compulsory and statutory license. The former is always granted upon specific application by an individual to the competent authority. The latter, on the other hand, is a blanket fixation of rates of royalty by the authority and a grant of standardised licenses to all those who are interested in availing the same. The owner, as a necessary corollary, has no autonomy on the identity of those who obtain the license, or what they pay as royalty for the same.

Categories of Compulsory Licenses

There are five main categories of compulsory licenses currently operating in India.

These are:

1. Licenses in respect of works unreasonably withheld from the public;

2. Licenses in respect of orphan works;

3. Licenses in respect of works for the differently abled;

4. Licenses in respect of translations;

5. Licenses in respect of reproduction and sale of works unavailable in India.

Statutory Licenses

As seen from the above discussion of compulsory licenses, such licenses can be understood as a particularised expropriation of owner autonomy in respect of the copyrighted work. The need for such expropriation arises only upon acts or inaction on the part of the owner that render the work unavailable to the public or differently abled persons. Statutory licenses, on the other hand, do not require any examination into the conduct of the owner. It attempts a wholesale expropriation of owner autonomy, once the work fits within the broader class of works that can be so licensed.

There are two such categories of statutory licenses, namely cover version recording licenses (Section 31C) and broadcasting licenses (Section 31D).

The first has existed, though as part of the fair dealing exceptions in Section 52, from the very beginning. The second is a very recent addition to the Act vide the 2012 amendment.

The term ‘assignment’ and ‘license’ are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

[1] This is known as the ‘Doctrine of Sweat of the Brow’, whereby a work is given copyright protection if the author has applied ‘labour, skill or judgment’ in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

[2] Section 18(2); Copyright Act, 1957.

[3] 23 IPLR 388 (1998).

[4] 2007 (34) PTC 522 (Cal).

[5] Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

Author Name: Muskaan Mathur [Student, Savitribai Phule, Pune University (SPPU)]

You might like

Lee v Knapp (1967)

Lakshmi Rajan v Malar Hospital

Legal Recognition of Digital Signature in India

Welcome to the Purdue Online Writing Lab

Welcome to the Purdue OWL

This page is brought to you by the OWL at Purdue University. When printing this page, you must include the entire legal notice.

Copyright ©1995-2018 by The Writing Lab & The OWL at Purdue and Purdue University. All rights reserved. This material may not be published, reproduced, broadcast, rewritten, or redistributed without permission. Use of this site constitutes acceptance of our terms and conditions of fair use.

The Online Writing Lab at Purdue University houses writing resources and instructional material, and we provide these as a free service of the Writing Lab at Purdue. Students, members of the community, and users worldwide will find information to assist with many writing projects. Teachers and trainers may use this material for in-class and out-of-class instruction.

The Purdue On-Campus Writing Lab and Purdue Online Writing Lab assist clients in their development as writers—no matter what their skill level—with on-campus consultations, online participation, and community engagement. The Purdue Writing Lab serves the Purdue, West Lafayette, campus and coordinates with local literacy initiatives. The Purdue OWL offers global support through online reference materials and services.

A Message From the Assistant Director of Content Development

The Purdue OWL® is committed to supporting students, instructors, and writers by offering a wide range of resources that are developed and revised with them in mind. To do this, the OWL team is always exploring possibilties for a better design, allowing accessibility and user experience to guide our process. As the OWL undergoes some changes, we welcome your feedback and suggestions by email at any time.

Please don't hesitate to contact us via our contact page if you have any questions or comments.

All the best,

Social Media

Facebook twitter.

Metropolitan News-Enterprise

Monday, May 13, 202 4

Court of Appeal:

October Challenge to Judge Was Timely Though Parties Knew of Assignment to Her in June

Raphael Says Advisement by Commissioner That Judge Would Handle Trial Had Potential of Constituting All-Purpose Assignment

By a MetNews Staff Writer

Div. Two of the Fourth District Court of Appeal has held that an “all-purpose” reassignment of a case to a judge, triggering a 15-day period within which a peremptory challenge to that judge may be filed, can be effected by an oral announcement at a court hearing by the bench officer who is presiding—but only if that bench officer ceases handling any substantial matters in the case.

Otherwise, the reassignment is not an “all purpose” one, Justice Michael J. Raphael said in an unpublished opinion issued on Thursday.

Raphael declared that a challenge to Riverside Superior Court Judge Susanne S. Cho, filed on Oct. 5, 2023 by the petitioner in a divorce case, Robert Taylor, was timely although Commissioner Mickie Reed advised counsel at a June 2023 hearing that Cho would preside over the trial in November. That advisement did not constitute an all-purpose assignment, he declared, because Reed held onto a “substantial” matter, conducting a hearing on it in August.

“Judge Cho would have been assigned to the case for all purposes in June so long as she processed all substantial matters from that moment on,” Raphael wrote.

Trial Assignment

He said that in June, there was merely an assignment for trial purposes, so that the clock did not start running on a 15-day period for filing a challenge after an all-purposes assignment is made. That time limit is set forth in Code of Civil Procedure §170.6.

On Oct. 4, 2023, Taylor, apparently not taking heed of Reed’s notification in June that Cho would preside over the trial, filed a paper indicating a lack of assent to a trial before a commissioner, and on the same day, the court issued a “Notice of Case Reassignment For All Purposes,” shifting the case to Cho. The following day, Taylor filed a challenge to Cho which the judge proceeded to spurn, proclaiming that the parties had known since June of the entrusting of the case to her. The appeals court directed the issuance of a writ of mandate requiring Cho to step aside. Raphael wrote:

“Applying the all purpose assignment rule here, Taylor’s motion was timely. He moved to disqualify Judge Cho one day after notice that the case had been reassigned to Judge Cho for all purposes. It was therefore “made to the assigned judge...within 15 days after notice of the all purpose assignment.”

Two Reasons

Explaining why an all-purpose assignment had not been made in June, he said there are “two reasons, one formal and one functional,” elaborating:

“The formal reason is the timing of the case reassignment notice. If the case had been reassigned to Judge Cho for all purposes in June, then the notice of reassignment would have been issued then, rather than the day Taylor sought ‘reassignment of the case to a Superior Court Judge for all matters.’ ”

Raphael continued:

“The functional reason is that a substantial matter remained before Commissioner Reed even after she set trial dates in Judge Cho’s department.”

He quoted the California Supreme Court as saying in a footnote in its 1993 decision in People v. Superior Court (Lavi) that the all-purpose assignment rule applies only where “a single judge must handle every matter in a given case.”

Question Left Open

The justice left open the question of whether there would have been an all-purpose assignment in June if a notice of assignment had been issued then even though Reed retained a matter, saying:

“The combination of the formal and functional reasons here means we need not decide whether one would be sufficient here without the other.”

The case is Taylor v. Superior Court , E082661.

Pitcher returns to Rocket City following stint with Triple-A club, rehab assignment

MADISON, Ala. ( WHNT ) – A familiar face will be back in a Trash Pandas uniform.

Right-handed pitcher Aaron Hernandez was assigned to the Rocket City from The Los Angeles Angels.

Hernandez began the 2024 season with the Triple-A Salt Lake Bees and made two appearances, earning a win and two strikeouts before he was placed on the 7-day injured list.

Most recently, Hernandez was with the Angels’ Arizona Complex League team for a short rehab assignment before he was reactivated and reassigned to the Trash Pandas.

The 27-year-old had spent the entire 2023 season with the Bees.

In 2022, Hernandez was on the Trash Pandas team that made a trip to the Southern League playoffs. During that season, Hernandez appeared in 35 games with three starts and finished with a 3-4 record, three saves, a 5.48 ERA and 50 strikeouts.

Hernandez was a collegiate baseball star at Texas A&M Corpus Christi, becoming the seventh player in the school’s history with 100 strikeouts in a singular season in 2018. He was later drafted by the Angels as the 93rd overall pick in the third round.

Hernandez’s reassignment is one of multiple roster moves made by the Angels on Tuesday.

Right-handed pitcher Alan Rangel, who was assigned to the Trash Pandas on April 3, was placed on a seven-day injury list. Meanwhile, right-handed pitcher Erik Martinez was taken off the injury list and reassigned from the Trash Pandas to the Angels’ Single A affiliate, the Inland Empire 66ers.

For the latest news, weather, sports, and streaming video, head to WHNT.com.

Pitcher returns to Rocket City following stint with Triple-A club, rehab assignment

How students’ GenAI skills and reflection affect assignment instructions

The ability to use generative AI is akin to time management or other learning skills that students need practice to master. Here, Vincent Spezzo and Ilya Gokhman offer tips to make sure instructions land equally no matter students’ level of AI experience

Vincent Spezzo

.css-76pyzs{margin-right:0.25rem;} ,, ilya gokhman.

More on this topic

Created in partnership with

.css-1txxx8u{overflow:hidden;max-height:81px;text-indent:0px;} Analytical testing is the key to industry collaborations

Is it time to turn off turnitin, use ai to get your students thinking critically, taming anxiety around public speaking, emotions and learning: what role do emotions play in how and why students learn.

November 2022: ChatGPT rapidly emerges as the next big disruptor in higher education. On campuses across the US, the primary feelings are scepticism and fear of cheating, but pushing past that is the notion that this technology could be harnessed to benefit education.

Spring 2023: At Georgia Institute of Technology, our conversations and workshops on generative AI (GenAI) focus on how faculty can use it in course design, assignment creation, personalised learning efforts and more. Fear and scepticism still exist but don’t obstruct brainstorming efforts. In the summer, we see instructors’ responses range from dipping toes into the AI water and using it to create rubrics, case studies and other standard course content to diving in headfirst and using GenAI to produce entire courses.

Fall 2023: Many employers of future graduates want students to gain knowledge and experience using GenAI tools while in their degree programmes. Thinking shifts from students wanting to use GenAI to cheat to students needing to learn about GenAI to succeed. The professors at our institution are beginning to embrace the idea that they should support the correct usage of GenAI in their classrooms.

AI can help fix student evaluations
How can we teach AI literacy skills?
Resource collection: How to build data literacy on campus

Here lies the challenge: how much direction should you include in GenAI-inclusive assignments? Previously, instructors had to balance assignment guidelines with student creativity, so students could create a unique submission while remaining within the assignment objectives. Now the additional task is finding the right amount of guidance to ensure students can effectively use GenAI beyond simply copying and pasting predefined prompts.

Creating GenAI assignments

How to create assignments using GenAI is one of the questions that co-authors Ilya Gokhman and Vincent Spezzo have addressed. Students in Gokhman’s public policy course worked in groups of four to complete project-based tasks and provide peer feedback to their team members at four points during the semester. The idea was to have students use GenAI as a leadership and collaboration coach to help them process and reflect on peer feedback. GenAI was used in three of the four feedback phases (students completed the first reflection unassisted). For the remaining phases, students were: 1) instructed to use GenAI with no further guidance, 2) given detailed instructions on how to use GenAI, including suggested prompts, and 3) instructed to use GenAI how they wanted, whether that was to use the instructors suggested prompts or their own.

Students divided on using GenAI

Students were surveyed on a six-point Likert scale to determine their experience using GenAI in their assignments and how it impacted their learning (see list below). This included a self-rating on their prior experience using GenAI that included options of “a lot”, “some”, “little” and “none”. From the 72 participants, several novel insights were gleaned. The most significant finding was a clear division in students’ experiences using GenAI for assignments between the two groups at opposite ends of the prior-usage spectrum. Those students who had the most prior experience rated several items significantly higher than those who came into the class never having used GenAI before. This was true despite very detailed instructions and prompt examples being added to the third and fourth assignments.

I would rather use GenAI than complete feedback review with another person: A lot M=4.7, None M=2.78
I felt using GenAI helped me in learning the course material: A lot M=4.8, None M=3.06
I felt using GenAI increased my motivation to complete assignments: A lot M=4.8, None M=2.83
Overall, I felt using GenAI had a positive impact on my course experience: A lot M=5.4, None M=3.89

Two things worth noting are: 1) while students with more experience rated items significantly higher, students with no prior experience generally still rated items around a three on the six-point scale, and 2) students who fell into the two middle groupings were not shown to be significantly different from the two extremes on almost all questions.

Students also responded to open-ended questions, with 30 per cent stating that the assignments could be improved by more frequent GenAI usage, 25 per cent commented that GenAI was useful in generating ideas and expanding their perspectives, and 20 per cent indicated a desire for more detailed instructions on using GenAI for the assignment.

Addressing students’ differences in experience using GenAI

Results pointed to a difference in instructional needs between students with no GenAI experience and those with a lot of experience. One could mistakenly assume the number of students with little or no experience will decrease as use of these technologies becomes more widespread. However, the ability to use GenAI is likely more akin to time management, studying and a host of other learning skills that students need support and practice with before mastering. Coupling this with the current lack of adoption at K-12 , it is very likely that inequity with prior usage of GenAI will exist for some time. Two actionable practices that can address this inequality:

Include more detailed instruction and prompt examples for assignments. While not all students need this, at least 20 per cent of the students surveyed indicated they wanted even more direction than was provided, and there was no indication that the additional instructions negatively impacted students with prior experience. Part of an equitable framework is to ensure that those who need the additional support have it available, so including optional additional guidelines may be the way to go with GenAI assignments for now.
Create and include a lesson or optional module for teaching students how to use GenAI effectively within your course or discipline. From this study, it seems that simply including more examples and instructions was not enough for some students. To address the gap of experience, students seem to need support and exposure to the basics of using GenAI that goes beyond creating good prompts. There is already discussion of including such experiences in freshmen seminar courses, but until then it will be up to instructors to help bridge the gap for students who have yet to learn how to use GenAI in ways that will benefit their education.

By using these practices, the intent is that students coming into a course with little or no prior GenAI experience can be brought up to speed and benefit at near the same level as those who have had a lot of experience using the tools. Conducting a start-of-semester survey is a good way to identify students who need additional resources and ensure they are directed to access them. While this means yet another task for instructors, the benefits to student learning and the expectations of future employers make this worth taking on.

Vincent Spezzo is assistant director of teaching and learning online in the Center for Teaching and Learning, and Ilya Gokhman is faculty lead for grand challenges in the Office of Leadership Education and Development, both at Georgia Institute of Technology.

If you would like advice and insight from academics and university staff delivered direct to your inbox each week, sign up for the Campus newsletter .

Analytical testing is the key to industry collaborations

A framework to teach library research skills, contextual learning: linking learning to the real world, how hard can it be testing ai detection tools, chatgpt’s impact on nursing education and assessments, how to tackle the phd dissertation.

and unlock a host of features on the THE site

IMAGES

Copyright Assignment Agreement Template
Copyright Assignment For Software Template
A Complete Analysis on Copyright Assignment
Copyright Assignment
Copyright Assignment Form Template
Copyright Assignment

VIDEO

Students
Strepsils Commercial
Assignment And Licensing Of Copyright
Submitting assignments in Google Classroom
Mod 6, Part 4: Traffic Assignment (Stochastic Method)
Assignment (law)

COMMENTS

Assignment of Copyrights & Legal Implications
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 ...
Understanding an assignment of copyright agreement
This document usually contains only limited details of the work you're assigning, including the copyright number (if applicable), the signatures of both parties, the signature of a witness if desired, and the date of the assignment.
Assignment/Transfer of Copyright Ownership
Are copyrights transferable? Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another. See Circular 1, Copyright ...
Copyright Licenses and Assignments (BitLaw)
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 ...
Assignment of Copyright
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 ...
PDF Copyright Assignment & Guidelines
copyright assignment can help in both circumstances. A copyright assignment is the transfer of an owner's property rights in a given creative work or works. Such transfers may occur on their own or as parts of larger asset sales or purchases.
Copyright Assignments
A copyright assignment is an important medium for transferring legal ownership of a copyright from the initial holder, who may transfer all or a portion of their rights in the original work to a third-party. These rights include all those inherent to copyright ownership, including the rights to reproduce the work in copies or phonorecords ...
Today's Assignment: How to Assign a Copyright
This practice note covers the fundamentals of copyright assignments and rules for works made for hire, assignments from independent contractors or freelancers, partial copyright assignments, and recordation of copyright assignments.
Published By Stanford Copyright and Fair Use Center
All co-owners must consent to an assignment of the work (a transfer of copyright ownership) or to an exclusive license (an agreement granting rights solely to one person). Ignore Heading - Content EXAMPLE
The Copyright Act: Standing and "Right to Sue" Assignments
Thus, an exclusive right must be exclusive. An assignment is not exclusive if some form of right to limited use and distribution to other third parties is reserved. In the copyright world, the "substance and effect" of any written assignment must reflect a true, even if temporary, transfer of complete ownership of a copyright interest.
What is the concept of Assignment of Copyright?
Where the assignee fails to exercise his rights within one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed, unless otherwise specified in the assignment deed.
Copyright transfer agreement
A copyright transfer agreement or copyright assignment agreement is an agreement that transfers the copyright for a work from the copyright owner to another party. This is one 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 ...
Understanding the Key Elements of a Copyright Assignment Agreements
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.
PDF Recordation of Transfers and Other Documents
not pertain to a copyright include a bill of lading referring to a shipment of motion pictures and an assignment of rights in a patent or trademark. If a document does not appear to have any direct or indirect relationship to a copyright claim, the Office may communicate with the remitter and may refuse to record the document.
Copyright basics
A copyright is a form of protection provided by U.S. law to the authors of "original works of authorship" fixed in any tangible medium of expression. Learn more about the basics of copyrights.
Understanding the Assignment of Copyrights
Assignment of copyright contrary to the terms and conditions on which rights have been assigned to a copyright society ofwhich the author of the work is a member shall be void.
Assignment And Licensing Of Copyright
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...
Copyright Assignment Agreement: Definition & Sample
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 ...
Understanding Assignment of Copyright
An assignment is, in spirit, a transfer of ownership, even if it is partial. The copyright owner in an existing work or the future owner of the copyright in a further work may assign to any person the copyright either wholly or partially, either generally or subject to limitation, either for the whole of copyright or any part thereof.
Recordation Overview
A transfer of copyright ownership is "an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license." 17 U.S.C. § 101. Learn More
Free Copyright Assignment Template
What does a copyright assignment mean? The creator of intellectual property protected by copyright can sell that material and transfer the copyright to a buyer. A copyright assignment clarifies the terms of the transfer of ownership to a new person or business.
Assignment of copyright: formalities
Trust. 83% of customers are highly satisfied with Practical Law and would recommend to a colleague. Improve Response Time. 81% of customers agree that Practical Law saves them time. End of Document. Resource ID 2-518-8005. This table summarises the formalities required for the assignment of copyright.
Assignment Of Copyright // Bytescare
A written agreement, signed by the assignor or their authorised agent, is necessary for the assignment of copyright in any work to be legally valid. The assignment of copyright to a work must clearly identify the specific work being assigned. Additionally, the agreement should explicitly state the rights being assigned, along with the duration ...
Assignment and Licensing of Copyrights under Copyrights Act
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...
Welcome to the Purdue Online Writing Lab
The Online Writing Lab at Purdue University houses writing resources and instructional material, and we provide these as a free service of the Writing Lab at Purdue.
October Challenge to Judge Was Timely Though Parties Knew of Assignment
Trial Assignment. He said that in June, there was merely an assignment for trial purposes, so that the clock did not start running on a 15-day period for filing a challenge after an all-purposes assignment is made. That time limit is set forth in Code of Civil Procedure §170.6.
What is Copyright?
U.S. copyright law provides copyright owners with the following exclusive rights: Reproduce the work in copies or phonorecords . Prepare derivative works based upon the work.
Pitcher returns to Rocket City following stint with Triple-A club ...
Most recently, Hernandez was with the Angels' Arizona Complex League team for a short rehab assignment before he was reactivated and reassigned to the Trash Pandas. The 27-year-old had spent the ...
How students' GenAI skills affect assignment instructions
Creating GenAI assignments. How to create assignments using GenAI is one of the questions that co-authors Ilya Gokhman and Vincent Spezzo have addressed. Students in Gokhman's public policy course worked in groups of four to complete project-based tasks and provide peer feedback to their team members at four points during the semester.

Assignment of Copyrights & Legal Implications

How Is Copyright Assigned?

Copyright Licenses and Assignments

Transfers in General

Implied Licenses

Termination of Transfers

Recordation of Transfers

Assignment of Copyright – Explained With Modes and Disputes

Assignment of Copyright

Mode of Assignment of Copyright

Disputes With Respect to the Assignment of Copyright

How to Start Studying Law – For New, Existing, and Old Students

How to Study and Prepare for Judiciary Exams (13 tips)

11 Tips to Pass AIBE With Bare Acts and MCQ Tests in 2024

How to Write the Best Answer in Judiciary Mains Exam

10 Legal Jobs and Career Options After Law in 2024

Best Books for Judiciary Exam Preparation in 2024

Latest Blogs

Rent Reductions for Commercial Tenants

FinCEN Adds New Commentary to Corporate Transparency Act FAQ

Practical Guidance Offers Help with Workplace Issues during Mental...

Demystifying Means-Plus-Function: The Ins and Outs to MPF St...

Today’s Assignment: How to Assign a Copyright

Published By Stanford Copyright and Fair Use Center

Ignore Heading – Content

What Is a Transfer of Title?

What Is a Termination of a Transfer?

What If More Than One Person Owns a Copyright?

When Must You Get Multiple Permissions?

Is There a Difference Between an Author and a Copyright Owner?

What If a Work Does Not Contain a Copyright Notice?

What If There Is a Copyright Notice for an Entire Magazine but Not for the Specific Article You Want to Use?

Marquette University Law School Faculty Blog

The Copyright Act: Standing and “Right to Sue” Assignments

You Might Also Like

Leave a Reply Cancel reply

Understanding the Key Elements of a Copyright Assignment Agreements

Introduction

Definitions (feel free to skip)

Discuss the purpose of a copyright assignment agreement

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

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

Example dispute

Templates available (free to use)

Links to get you started

Try the world's most advanced AI Legal Assistant, today

Copyright basics

U.S. Copyright Office

STOPfakes.gov

Additional information about this page

Contributor

Introduction

Assignment of Copyright (Section 18)

Mode of Assignment (Section 19)

Disputes with Respect to Assignment of Copyright (Section 19a)

Assignment by Operation of Law (Section 20)

Licensing of Copyright

Voluntary license (Section 30)

Voluntary licenses can be:

Compulsory License

Works Withheld from Public

Compulsory License in Unpublished or Published Work (Section 31-A)

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Statutory License for Cover Versions (Section 31-C)

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

Intellectual Property

Copyright Assignment Agreement

Common Sections in Copyright Assignment Agreements

Copyright Assignment Agreement Sample

Who Helps With Copyright Assignment Agreements?

Need help with a Copyright Assignment Agreement?

Find the best lawyer for your project

Intellectual Property lawyers by top cities

Copyright Assignment Agreement lawyers by city

Licensing Agreement for Physical Therapy Code

Find lawyers and attorneys by city

Understanding Assignment of Copyright

What is an Assignment of Copyright?