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Assignment of Copyrights & Legal Implications
Copyright gives authors a bundle of personal property or economic rights in an original work of authorship. These rights include the rights to reproduce, create derivative works, distribute work to the public, publicly perform a work, publicly display visual works, and digitally transmit sound records. They belong exclusively to a copyright holder.
Usually, the copyright holder is the person who created the work. However, any of these economic rights, or any part of these economic rights, can be transferred. Under the Visual Artists Rights Act (VARA), an artist’s moral rights in a work of fine art can be waived but not assigned.
An original owner who assigns their copyright to someone else will not retain any right to control how the work is used.
The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale. The original copyright owner sells the rights to a third party and cannot control how the rights are used, just as they would not be able to control how personal property that they sold was used once it was transferred.
Generally, a license is preferable if a copyright holder expects to continue exercising interests and control over the work. For example, if you assign your copyright in a song to a music producer, the decision about whether to allow a film studio to use your song in a film will belong to the producer, not to you. If you license your copyright in a song in a limited capacity to a music producer, however, you will continue to be able to license your copyright in the song to a film producer.
Assignments can be used for many different purposes, such as security for debt, as an asset passed to heirs, or as part of the distribution of assets after a bankruptcy proceeding. Once you assign your rights to somebody else, however, you are permanently giving away your right to control the work. That means if you try to exercise any of the rights you have assigned, you are committing copyright infringement even though you created the work. If you assign your copyright to somebody else and regret the loss, you may be able to buy your copyright back from that person, but whether or not to sell it back to you is up to the assignee.
How Is Copyright Assigned?
Under Section 204 , a transfer of ownership is only valid if the instrument, note, or memorandum of transfer is in writing, signed by the copyright owner or their duly authorized agent. Generally, a certificate of acknowledgment is not required for the transfer to be valid, but it can be used as prima facie evidence that a transfer was executed if it is issued by someone authorized to administer oaths in the United States or, if the transfer is executed abroad, if the certificate is issued by a United States diplomatic or consular official, or a person authorized to administer oaths who also provides a certificate.
Formally recording an assignment with the Copyright Office is not required but can be advantageous.
You do not have to record an assignment in order to assign the interest. However, there are advantages to recording the assignment, such as creating a public record of the transfer details, giving constructive notice to members of the public, establishing priority of rights when there are conflicting transfers of ownership, validating the transfer of the copyright against a third party, or in some cases perfecting a security interest.
Last reviewed October 2023
Intellectual Property Law Center Contents
- Intellectual Property Law Center
- Copyright Infringement & Related Lawsuits
- Copyright Ownership Under the Law
- Assignment of Copyrights & Legal Implications
- Copyright Licensing Under the Law
- Copyright Registration Under the Law
- Safe Harbors for Online Service Providers Under Copyright Law
- Criminal Copyright Infringement Laws
- Enforcement of Copyrights Through Lawsuits & Criminal Charges
- Fair Use Defense to Copyright Infringement Lawsuits
- Software Development Agreements & Related Legal Concerns
- End-User License Agreements Imposing Legal Restrictions on Software
- Lists, Directories, and Databases Under Copyright Law
- Photos of Buildings and Architecture Under Copyright Law
- Photos of Copyrighted or Trademarked Works & the Fair Use Defense to Infringement Lawsuits
- Works in the Public Domain After Copyrights Legally Expire
- Copyrights and Credits for Songwriters Under the Law
- Music Samples and Copyright Infringement Lawsuits
- Playing Music in Stores or Restaurants — How to Avoid Copyright Infringement Lawsuits
- Consignment Sales by Artists to Stores & Legal Protections
- Destruction of Copyrighted Works & Limited Legal Protections
- Copyright Legal Forms
- Trademark Law
- Trade Secret Law
- Choosing Among Patent, Copyright, and Trademark for Legal Protection
- Intellectual Property Law FAQs
- Find an Intellectual Property Lawyer
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Managing Rights
Consolidation of Rights | Assignment | Licensing | Enforcement
Copyright is a valuable intellectual property which requires managing that copyright asset over time. Managing copyright means:
- Controlling how a work is used by others
- Granting permissions and licenses
- Responsibilities for the life of the copyright
The creation of new copyrighted works in the University raises complex copyright questions with respect to ownership of the new materials. It can be a daunting task to sort out authors from other contributors, establishing whether works are works made for hire or independent efforts, and considering whether a work is a joint work, a compilation, a derivative work, or it uses pre-existing content.
Without agreements to consolidate or transfer rights, copyright law will determine copyright ownership. Copyright owners, whether individual authors or University of Washington, may find they have insufficient rights to make it possible to share, publish, and disseminate the work as they desire.
Once rights are established, rights are transferred only by an agreement and are generally enforced through litigation.
Consolidation of Rights
When you are preparing a work with many copyright elements and many contributors, you need to consolidate the rights with the entity that is going to publish or disseminate the work. Consolidation of rights:
- Clarifies ownership
- Ensures publication
- Identifies party responsible for work
Benefits of consolidation
Having your rights consolidated shows potential publishers or distributors that the project managers can manage risk and are prepared for the product’s future.
When there is clarity regarding the copyright rights for each project, it is easier to stop others from producing content which is too similar, easier to create relationships with those interested in the project, and easier to control the product’s quality.
Without identifying ownership of particular elements, it is difficult to ensure the project can be released.
How to consolidate rights
The consolidation of rights is accomplished through either an assignment of copyright, which transfers ownership of the work to another, or through a license, which grants permission to use a work in a certain way. Both assignments and licenses are part of creating works within a university setting.
Creators may be asked to assign rights in scholarly work to a publisher so that the work may be published. Alternately, creators may be asked to grant a license to the University to use work you own in a project.
Consolidation and UW copyright
You may be asked to transfer your copyright to the University if, as defined under UW Copyright Policy, you used University staff, resources or funding, or the University has obligations to provide such materials as required elements under a grant, contract, or other award.
Creators and consolidation
If it is determined that rights should be consolidated with the University, the creator of the work retains a say in how the work is used, credit for having prepared the work, and in most cases, a share of any royalties that may be generated if the work is commercialized.
When you are working on this type of project, you may be asked to sign a participation agreement that will clarify your rights and responsibilities on a particular project.
An assignment is a transfer of the ownership of the copyright.
Assignment of copyright transfers ownership to another person or entity. Assignment may also prevent you from using that work, even if you were the original author.
A way to visualize assignment of copyright is to analogize the process to that of selling your house. You may have built the home and lived in the home for a period of time and had all the rights to permit or exclude visitors to your home, but once the home is sold you know longer have the rights of ownership of that particular home.
The impact of assignment of a copyright work is that you no longer own it and therefore cannot freely use it. If you assign the rights in your work to a publisher, you give up any ownership interests you have in the work.
By assigning the copyright, if you want to include a significant part of the work in a course pack for one of your courses, or in a later publication, you will need to get permission from the publisher. This may mean you will possibly have to pay royalties to use what you authored. Since a copyright lasts for at least 70 years, even if your book goes out of print, you cannot reproduce it without permission.
Be cautious in assigning copyright to publishers and external entities. Make sure that you will be able to accomplish what you want in the future with the work you created.
Licensing is a business arrangement in which one party authorizes another party use of intellectual property and the terms that use might entail.
Licensing of intellectual property allows:
- Publication
A license is a grant of permission to use a work in a manner that would otherwise infringe a copyright if the permission were not given. Licenses are used by copyright owners to allow others to copy, distribute, adapt, perform or display a copyright work.
How you license a work usually depends on what you are trying to achieve. Licenses can be very broad and grant a number of rights, or they can grant limited rights for limited times. For example, you could grant a publisher the right to use your work in a printed journal, but not grant the right to use the work online. You might grant someone the right to make and distribute copies of a work in a certain class, but not for its use in commercial ventures.
Matching license to goals
By carefully constructing licenses, the owner of a work can control how a work is used and achieve the maximum impact for the work. By thinking through what your goals are for the work, you can match the license rights to achieve your goals.
Some ideas for matching license rights and goals:
- License by format, distribution, or market. It may be desirable to break up licenses by format and medium of deployment as well as by market sector. This serves the objective of broad dissemination of the results of research and fulfils both academic and public service objectives.
- Retain update rights. It may also be desirable to retain control over updates and improvements of the work to ensure that the work maintains academic integrity and represents authors and the University appropriately.
UW CoMotion
UW CoMotion manages and pursues licensing arrangements if the University owns or has an interest in a copyrighted work. Licensing a work usually comes with some risk and entails University time and resources to negotiate with potential developers or users of the work, maintain the relationship, and manage the rights and financial arrangements. For more information about this process, contact UW CoMotion .
Public domain
Works that have been released to “Public Domain” are available free of charge and have no restrictions on who uses them or how they are used. Anyone can create proprietary products from works that are in Public Domain. In addition, works in Public Domain can be edited, revised, or sold without notice to the author(s).
Works that are no longer within the statutory protection of copyright are in Public Domain. For information on statutory time limits under the Copyright Act, see the section on Determining Copyright Status .
"Open Source" software code
Some software developers use an “Open Source” model for sharing their software with others. There are many varieties of Open Source licenses. Generally, an Open Source license requires free distribution of the software and distribution of the source code.
Open Source is not the same thing as Public Domain. Public Domain works are not copyrighted; Open Source works are copyrighted and the terms of their use are covered by a license.
Open Source licenses generally fall into two categories:
- “Permissive” require that the software be distributed for free and come with a permission to redistribute and modify the code. There are distinctions between the Permissive licenses which are articulated here .
- “Copyleft licenses” require that in addition to being distributed for free, any modifications to the software are also distributed for free. The most common “Copyleft license” is the GNU General Public License (or “GPL”). GNU’s homepage on Copyleft is located here .
Enforcement
Copyrights are enforced through:
- Copyright registration
- Controlling use
If you own the copyright in a work, you may sue anyone who violates any of your exclusive rights for damages. Unfortunately, lawsuits are expensive and unless you are making a lot of money from your work, you may find the cost of litigation in federal court may greatly exceed the amount of damages you could recover.
However in 2020, Congress passed the Copyright Alternative in Small Claims Enforcement Act (CASE Act) which directed the Copyright Office to establish the Copyright Claims Board (“CCB”). For copyright disputes under $30,000, the CCB may be a preferred approach in dispute resolution.
Registration and litigation
To preserve the right to sue infringers, you need to file a copyright registration on your work with the U.S. Copyright Office. Registration can be filed any time up to three months after an infringement has occurred. However, you can recover greater damages in a lawsuit if you have registered your work prior to infringement.
Since lawsuits are not always practical, you should consider other means of ensuring your work is used by others in accordance with your wishes. The best method for enforcing your rights is through controlling how others may access your work or establishing ground rules for use in a license.
The Difference Between Copyright Assignments and Licenses
The Difference Between Copyright Assignments And Licenses
There are two ways that a copyright owner can transfer some or all of his or her copyright rights: through a license or an assignment.
In an assignment of copyright rights, the owner sells his or her ownership rights to another party and has no control over how the third party uses those rights. A copyright assignment is sometimes referred to as a sales agreement for copyright.
The buyer (assignee) can then use the copyrighted work or do whatever he or she wants with it. He or she all of the assigned rights that the original owner had.
A valid assignment of copyright must be in writing and signed by, or on behalf of, the copyright owner/assignor. The subject of the assignment must be clear as to what copyright is being assigned in which work(s).
In a license of copyright rights, the owner maintains his or her copyright ownership rights, but allows another party (the licensee) to exercise some of those rights without the licensee’s actions being considered copyright infringement. A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder’s rights.
For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the right to use the software in a specified, restricted manner. In return, the user/licensee may agree to limit his or her use of the software in various ways and to pay the copyright owner a license fee.
Unlike a copyright assignment, a copyright license does not have to be in a signed writing. A license can be oral or arise by implication when considering all of the facts and circumstances surrounding the transaction between the copyright owner and the purported licensee.
If you own a copyright in a work that you are thinking about assigning, you should consider whether to license your copyright instead, thus allowing you to retain ownership, and license only certain rights to the other party.
For additional information about the difference between copyright assignments and license, please contact us .
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Published By Stanford Copyright and Fair Use Center
Searching the copyright office and library of congress records, ignore heading – content.
Now that you have isolated the information necessary for searching, you can begin examining the records at the Copyright Office and at the Library of Congress. Each of these databases has valuable information about public domain status and copyright ownership:
- Think of the Copyright Office as the source for copyright records. Search this database if you want specific information about copyright ownership, publication, transfers, and derivative works.
- Consider the Library of Congress as a 200-year-old library catalog. Search the catalogs if you want general information about a work such as the author, date of publication, subject matter, and publisher.
One common search strategy is to use Library of Congress files to identify an author, title, or publisher and then use that information to search the Copyright Office records online, as described below. If you are uncomfortable searching online, consider hiring the Copyright Office to perform the search on your behalf.
Defining Your Search
Your search of Copyright Office records will vary depending on your goal. Most likely, you have one of two goals: you want to find the current owner of a copyright or you want to know whether the work has fallen into the public domain. Methods for achieving each goal are described below.
Ownership Searching
When trying to determine the owner of copyright, review:
- certificates of registration, and
- assignments or other transfer documents.
Both of these documents are issued by and recorded with the Copyright Office. The registration will indicate who initially acquired ownership. The assignment will indicate if the registration has been transferred to another party.
The certificate of registration is issued by the Copyright Office and is the basic copyright document establishing date of publication, author, source of underlying material, contact person, and initial owner of copyright. The owner’s name is listed in the space in Section 4 entitled “Copyright Claimant.” If the owner is a different person than the author, the method of acquiring ownership (for example, “by written contract”) is indicated in the space in Section 4 entitled “Transfer.”
Assignments are transfers of copyright ownership. For example, an author may transfer rights to a publisher by signing an assignment of copyright, often included as part of a publishing agreement. Filing an assignment with the Copyright Office is not mandatory, but many copyright owners do so. When searching online at the Copyright Office, the person acquiring rights (the assignee) is usually listed as PARTY2 or PTY2 and the person transferring rights (the assignor) is usually listed as PARTY1 or PTY1.
Public Domain Searching
When researching whether a work is in the public domain, review:
- copyright registrations or other records containing the date of first publication, and
- renewal notices.
Both registrations and renewal notices are issued by and recorded with the Copyright Office. The registration is the initial statement of copyright information about a work and indicates the author, date of registration, copyright claimant (at the time of filing the registration), and date of first publication. A renewal must be filed in order to extend the length of protection for works published or registered before 1964. Although a renewal is no longer required for works published or registered after 1963, many copyright owners still file it.
Works published in the years 1923 through 1963 receive 95 years of protection if they were renewed during their 28th year. If not, they are in the public domain. Works published in the years 1964 through 1977 receive 95 years of protection. Works created after 1977 and all unpublished works are protected for the life of the author plus 70 years.
You may be able to determine if a work was published before 1923 (and is in the public domain) by examining the date in the work’s copyright notice. For example, James Joyce’s Dubliners is in the public domain because the Library of Congress database indicated that Dubliners was first published before 1923.
Note that copyright notice dates included in a book are not always accurate, because many public domain works are often republished with new dates in their copyright notices. For example, current editions of James Joyce’s Dubliners have copyright notices with dates after 1980. These “new” dates reflect the fact that the work contains some new material such as a preface, notes, or previously unpublished material. Only this new material is protected under the copyright claim. The public domain part of the work remains in the public domain.
Works published in the United States after 1928 and before 1964 are also in the public domain if the owner failed to file a renewal during the 28th year after first publication. Unlike copyright registrations or assignments, renewal notices for works published before 1964 had to be filed with the Copyright Office. If a work published after 1928 and before 1964 was not renewed, it fell into the public domain. According to Copyright Office surveys, the great majority of pre-1964 works were never renewed and, therefore, are in the public domain. Unfortunately, the Copyright Office does not maintain lists of public domain materials. You must search Copyright Office records to determine whether a renewal was filed on time for each work.
Ignore Heading – Sub table content
Searching copyright office records.
Once you have all the available information about your work and know what you’re searching for, you need to choose the search method that best suits your purposes. You can either hire a search firm or work directly with the Copyright Office, which will do your search for a fee. Another option is searching the Copyright Office online, discussed in the next section.
Hire a Private Search Company
For a fee, you can hire a private company to search Copyright Office records for you. These companies provide additional services such as tracing the copyright history of a fictional character or locating similarly titled works. These companies may be able to determine if a work is in the public domain or whether you can obtain the rights to use the work. The advantage of using these companies is their speed and thoroughness. Search companies compile comprehensive reports using Copyright Office and other database records and can deliver the materials within two to ten days. The disadvantage is the cost, ranging from $75 to $300 per search. The largest and best known copyright search company is Thomson CompuMark ( trademarks.thomsonreuter.com ).
Pay the Copyright Office to Perform the Search
Upon request, the Copyright Office staff will search its records at the statutory rate of $165 for each hour or fraction of an hour consumed. (There is a two-hour minimum.) An online search request form (see Figure 1, above) is available from the Copyright Office website ( www.copyright.gov/forms/search_estimate.html ). The Copyright Office will respond with an estimate within two to five days.
Although the cost of a Copyright Office search is lower than a private search company, the disadvantage is that it may take longer to receive a response. The Copyright Office will conduct an expedited search if you pay a higher fee ($300 per hour). For more information, see Copyright Circular 22. Also, note that the search fee does not include the cost of additional certificates or photocopies of deposits or other Copyright Office records. For information concerning these services, request Copyright Office Circular 6. (See Chapter 16 for information on how to obtain Copyright Office publications.)
All requests for copies of Copyright Office records should be submitted to: Certifications and Documents Section, LM-402, Copyright Office, Library of Congress, Washington, DC 20559; 202-707-6787. It is also possible to go to the office and request records in person (see “Searching in Person,” just below).
Searching Copyright Office Records Online
Searching the online Copyright Office records is free and easy. You can search through copyright files by visiting the Copyright Office at www.copyright.gov/records (see Figure 2, below). All copyright information is located in the Public Catalog (click “Search Public Catalog”) which contains information about works registered since January 1978. Included are published and unpublished text works, maps, motion pictures, music, sound recordings, works of the performing and visual arts, graphic artworks, and games. Also included are renewals of previous registrations.
Once you access the Post-1978 Records (see Figure 3), you can search either by Basic Search or by using the Boolean “Other Search Options” feature (see Figure 4). You can search by author, claimant, title, or registration number. The search files are updated weekly. Note that renewal information is only available for works published after 1949.
We tested the Basic Search feature by typing in the title of the book, Franny and Zooey , and found the resulting records (see Figure 5). Clicking on the second record (Figure 6), we learn that the owner of copyright is the late J.D. Salinger, and that the work, although first published in 1961, has been renewed (indicated by the letters “RE” by the registration number). The original registration number is A591015. Based on this information we can conclude that this work is not in the public domain because the owner filed a timely renewal of copyright after 28 years. (For more information on renewal requirements, see Chapter 8. )
Searching Library of Congress Records
In addition to Copyright Office records, there is another catalog of helpful information at the Library of Congress in Washington, DC. The Library of Congress is the largest library in the world and has been collecting and cataloging materials for over 200 years. However, contrary to popular belief, the Library of Congress does not contain copies of every work ever published in the United States. The Library of Congress Online Catalog ( http://catalog.loc.gov ) includes data for books, serials (magazines and periodicals), music and sound recordings, maps, visual materials (such as photos and graphics), computer files from 1975, and an index of names and subjects. It also includes an incomplete, unedited listing of books cataloged between 1898 and 1975.
Because of the ease of searching and the vast catalog of materials, use the LOC Catalog for basic research, such as locating the publisher or owner of a work and researching public domain information. Unlike Copyright Office files, the LOC Catalog is searchable by subject matter. Or, you can search by ISBN, ISSN, or LCCN (Library of Congress Catalog Number). You can even limit or define your search by language. For example, you can search for books that are not in English. You may be able to use Library of Congress files to identify an author, title, or publisher and then use that information to search the Copyright Office records.
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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.
Date: _________________ | By:__________________________________________ |
| Name: | |
Date: _________________ | By:__________________________________________ |
| Name: |
[PAGE BREAK HERE] EXHIBIT A LIST OF WORKS TRANSFERRED
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|---|---|---|---|
[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.
Date: _________________ | By:__________________________________________ |
| Name: | |
| NOTARIZATION: | |
Date: _________________ | By:__________________________________________ |
| Name: | |
| NOTARIZATION: | |
ATTACHMENT A (TO EXHIBIT B) ASSIGNED COPYRIGHTS
Free Copyright Assignment Template
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?
Copyright assignments can be either:
- Exclusive : In an exclusive assignment, the assignee gains exclusive rights to use the copyrighted work.
- Non-exclusive : In a non-exclusive assignment, the assignor retains the right to license the work to others.
- Partial : Partial assignments may also be considered, transferring only specific rights or territories.
What are the benefits of copyright assignment?
Copyright assignment offers several benefits to both creators and assignees:
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?
Copyright infringement carries several consequences, both legal and reputational, including:
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 categories
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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.
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USPTO welcomes U.S. Copyright Office report on digital replicas
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Copyright Public Records Portal. Law & Policy. Copyright Law; Regulations; Rulemakings; Compendium
Access U.S. Copyright Office's public records system for information on copyright ownership and claims.
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 ...
Search our online records, learn about our searching and retrieval services, and view educational videos and materials. Learn More
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.
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 ...
There are a variety of benefits of having a copyright assignment agreement and they are as follows: It protects the legal rights of all parties involved. Limits the possibility of disputes. Provides records of ownership and title. Outlines liability obligations. It ensures all legal procedures are followed and appropriate consideration is given.
The consolidation of rights is accomplished through either an assignment of copyright, which transfers ownership of the work to another, or through a license, which grants permission to use a work in a certain way. Both assignments and licenses are part of creating works within a university setting. Creators may be asked to assign rights in ...
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. ... Check patent application status with Patent Center. Fees and payment. ... Search recorded assignment and record ownership changes. MPEP ...
A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder's rights. For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the ...
Each of these databases has valuable information about public domain status and copyright ownership: ... Assignments are transfers of copyright ownership. For example, an author may transfer rights to a publisher by signing an assignment of copyright, often included as part of a publishing agreement. ...
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
For any third party to own or enforce a copyright, a properly executed copyright assignment must be made. The basics for copyright ownership and enforcement include: Document a copyright assignment to clearly define rights and ownership; Obtain a registration of the copyright to be able to litigate against infringement and record the copyright ...
The copyright law of the United States grants monopoly protection for "original works of authorship". [1] [2] With the stated purpose to promote art and culture, copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly.
The USPTO's copyright-related work is far reaching and includes: Treaty negotiation and monitoring the implementation of copyright-related international treaty provisions, including reviewing U.S. implementation of and adherence to international treaty obligations relating to copyright and related rights;
Certain works, particularly logos and emblems of government agencies, while not copyrightable, are still protected by other laws that are similar in effect to trademark laws. Such laws are intended to protect indicators of source or quality. For example, some uses of the Central Intelligence Agency logo, name, and initialism are regulated under the CIA Act of 1949 (50 U.S.C. § 403m).
Check application status. Check patent application status with Patent Center. Fees and payment. Pay maintenance fees and learn more about filing fees and other payments. Patent Trial & Appeal Board. Resolve disputes regarding patents with PTAB. Global Dossier. View international patent filings. More tools & links
The Recordation System has many features and benefits: self-service account and organization management. online submission for transfers and other documents pertaining to copyright under 17 USC § 205. online payment via Pay.gov. digital certificate and numbered document available online. online status tracking.
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This copyright assignment is between , an individual a(n) (the "Assignor") and , an individual a(n) (the "Assignee"). ... 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 ...
A Complete Guide With Benefits. Like all the other forms of intellectual property assignment, copyright assignment is where you sell or transfer your copyright to another person. As the owner of the copyright and owner of creative work, you may need to transfer the rights to your work. Maybe you need someone else to distribute your original ...
Assignment/Project/Practical Submission Status/Checking. Enter Enrollment No.(Max 10 Digit)* Enter Programme Code
There are several ways to investigate whether a work is under copyright protection and, if so, the facts of the copyright. These are the main ones: Examine a copy of the work for such elements as. copyright notice, place and date of publication, author and publisher. If the work is a sound recording, examine the disc, tape, cartridge, or ...
Check application status. Check patent application status with Patent Center. Fees and payment. Pay maintenance fees and learn more about filing fees and other payments. Patent Trial & Appeal Board. Resolve disputes regarding patents with PTAB. Global Dossier. View international patent filings. More tools & links