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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
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Today’s Assignment: How to Assign a Copyright

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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.

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Copyright Assignment Agreement: Definition & Sample

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ContractsCounsel has assisted 35 clients with copyright assignment agreements and maintains a network of 61 intellectual property lawyers available daily.

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.

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The Difference Between Copyright Assignments and Licenses

The Difference Between Copyright Assignments And Licenses

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

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

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

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

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

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

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

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

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

4829 E Beltline Ave NE, Suite 103 Grand Rapids, MI 49525
616.226.8000

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

add border

[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

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..

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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.

Assignment of Copyright – Explained With Modes and Disputes

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

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

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

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

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

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

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

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

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

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

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

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

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

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

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

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

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

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

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

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

Read Next: Doctrine of Merger Under Copyright Law

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Law Study Material

Copyright Assignment Agreement | Sample

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Updated March 13, 2024

A copyright assignment agreement is between a seller (assignor) that transfers the ownership of a copyright to a buyer (assignee). It is common for a copyright to be assigned either through the sale of a business or a separate sale. After an agreement has been signed the copyright must be assigned using the U.S. Copyright Office (website).

(3 steps) : Copyright Assignment Agreement

Signing Requirements

Only a “sworn or official certification” agreement is accepted electronically by the U.S. copyright office. [2] Therefore, it is required for any copyright assignment agreement to be notarized by all parties involved.

Transferring ( Copyright.gov )

There is no form or application that can be used to transfer a copyright. A copyright agreement is allowed to be accepted as a recordable transfer document.

The agreement must be accompanied by Form DCS (cover sheet) and is recommended to include an Electronic Title List that speeds up the processing time and reduced fees.

How to Assign a Copyright (3 steps)

Step 1 – gather documents.

Step 2 – Pay Filing Fee ($)

Step 3 – Send in the Mail

The following should be completed:

Copyright Assignment Agreement (notarized)
Form DCS (cover sheet)

Step 2 – Pay Filing Fee

Submit the filing fee .

Standard assignments send to:

Library of Congress, Copyright Office–DOC LM 433, 101 Independence Avenue SE Washington, DC 20559-6000

If Declaration of Ownership in Musical Works (DOMW) , send to:

Sample Copyright Assignment Agreement

Download: PDF , MS Word , OpenDocument

ASSIGNMENT OF COPYRIGHT

I. THE PARTIES. This Assignment of Copyright (“Agreement”) made this [ EFFECTIVE DATE ] (“Effective Date”) is by and between:

Assignor: [ ASSIGNOR’S NAME ], with a mailing address of [ ASSIGNOR’S ADDRESS ] (“Assignor”), and

Assignee: [ ASSIGNEE’S NAME ], with a mailing address of [ ASSIGNEE’S ADDRESS ] (“Assignee”).

The Assignor and the Assignee are each referred to herein as a “Party” and collectively as the “Parties.”

II. ASSIGNMENT OF AUTHORED WORKS. The Assignor, through this Agreement, assigns to the Assignee of all the Assignor’s interest in:

a. The following registered copyrighted work(s) (“Work(s)”):

Copyright #1 • Author Name: [ AUTHOR’S NAME ] • Title of Work: [ TITLE OF WORK ] • Registration Number: [ REGISTRATION NUMBER ] • Registration Date: [ REGISTRATION DATE ]

Copyright #2 • Author Name: [ AUTHOR’S NAME ] • Title of Work: [ TITLE OF WORK ] • Registration Number: [ REGISTRATION NUMBER ] • Registration Date: [ REGISTRATION DATE ]

Copyright #3 • Author Name: [ AUTHOR’S NAME ] • Title of Work: [ TITLE OF WORK ] • Registration Number: [ REGISTRATION NUMBER ] • Registration Date: [ REGISTRATION DATE ]

b. All the usual rights granted to the owner of a copyright under federal law, including but not limited to the right to reproduce, publish, adapt, modify, distribute, create derivative works on, display, publicize, and transmit each Work; c. The registrations as well as applications for registrations of each Work, including any and all renewals and extensions; d. The income, royalties, and damages due to the Assignor in regards to each Work, including damages for past or future infringements and misappropriations for each Work; e. The right to sue for past, present, and future infringements and misappropriations for each Work.

III. ASSIGNMENT PURCHASE. The Assignee agrees to pay $[ PRICE ] for the above granted rights (Section II) and complete this payment no later than [ DATE ].

IV. RECORDATION. The sole responsibility for filing this assignment with the United States Copyright Office within a reasonable time period after signing, as well as for paying any and all associated fees for said filing, is left to the:

☐ – Assignor

☐ – Assignee

V. FURTHER USE OF WORK. The nature of this Agreement and assignment is:

☐ – Non-Exclusive. After the effective date of this Agreement, the Assignor shall be granted a non-exclusive, royalty-free license to use the Work(s), including for but not limited to the creation of derivative works.

☐ – Exclusive. Once the effective date has passed, the Assignor may not make any further use of the Work(s) or derivatives thereof without written, authorized consent from the Assignee and further may not challenge the Assignee’s use or ownership of the Work(s) or the validity of the Work(s)

VI. AUTHORSHIP. In relation to authorship rights, following the effective date of this Agreement, the Assignor:

☐ – Will Retain Authorship Rights. The Assignor maintains the right to be identified as the rightful author of the Work(s) whenever the Work(s) are reproduced, published, or otherwise publicly displayed.

☐ – Will Not Retain Authorship Rights. The Assignor relinquishes all future claims to authorship.

VII. NO EARLY ASSIGNMENT. The Assignee will not assign or otherwise encumber its interest in the Work(s) or any associated copyrights until it has paid the full Consideration detailed in Section III of this Agreement.

VIII. DOCUMENTATION. The Assignor will provide all documentation relating to the Work(s) for the Assignee’s record-keeping needs, assertion of rights, or for any other use. They will likewise sign any additional agreements or complete any other lawful action reasonably necessary for a successful filing of the assignment with the United States government.

IX. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws located in the State of [STATE].

X. ASSIGNMENT AND DELEGATION. The Assignor and the Assignee will each defend, indemnify, and hold the other harmless (including all affiliates, successors, assigns, employees, agents, officers and the like) against all losses, damages, deficiencies, liabilities, awards, penalties, or expenses of whatever kind, including attorneys’ fees and related legal fees, incurred by themselves in connection with any claims, suits, actions, demands, or judgments arising out of this Agreement.

XI. SEVERABILITY. If any portion of this Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XII. ADDITIONAL TERMS. [ ADDITIONAL TERMS & CONDITIONS ]

XIII. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the Parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both Parties.

XIV. EXECUTION. The Assignor and the Assignee each represent and warrant to the other that each person executing this Agreement on behalf of each party is duly authorized to execute and deliver this Agreement on behalf of that party.

Assignor’s Signature: _________________________ Date: ________________

Print Name: _________________________

Assignee’s Signature: _________________________ Date: ________________

How to Write

Article i. the parties.

(1) Date Of Copyright Agreement. The date when this agreement is active between the Assignor and Assignee should be presented. Commonly this is the signature date between these two Parties.

(2) Assignor Name. The Author or Owner of the concerned intellectual property who is releasing the right to reproduce, present such property to another Party through this agreement should be identified by name. This record requires that the legal name of the Assignor is documented. This cannot be an alias or a ‘pen’ name.

(3) Assignor Address. The business address of the Assignor is required. This should be a well-monitored address where notices sent will be guaranteed to reach the Assignor.

(4) Assignee Name. The Party that intends to purchase the copyright according to this agreement is to be identified as well. In many cases, this will be a Business Entity, therefore name this Party by recording the full name of the Entity purchasing the copyright making sure that any status suffix (such as “corp.”) is included if it is a part of the legal name of the Purchasing Entity. If this is a Private Party, such as an individual, then make sure his or her full name (first, middle, and last) is presented.

(5) Assignee Address. The mailing address where the Assignee can be contacted or sent notices should be documented.

Article II. Assignment Of Authored Works

(6) Author Name. The Assignor and the Author may be the same person or two separate Parties. Therefore, identify the Author of the concerned intellectual property.

(7) Title Of Work. The title that the written piece is known as must be transcribed exactly as it appears on the original written work.

(8) Registration Number. Record the twelve-digit copyright registration number assigned to the work by the United States Copyright Office.

(9) Registration Date. Furnish the date when the copyright registration number was designated to the concerned work.

Copyright #2

(10) Author Name. If an additional document must fall under this agreement it must be identified. Produce the full name of the Author behind the material being discussed.

(11) Title Of Work. The exact title of the additional work that the Assignee will be able to access and use through this agreement must be dispensed.

(12) Registration. If the material is copyrighted or pending, the twelve-digit copyright registration number it is associated with as well as the copyright date should be produced where requested.

Copyright #3

(13) Author Name. There is no limit to the number of works that can fall under this agreement. Therefore a third area has been supplied to name the Author of a third work the Assignor and Assignee wish to include. If more written works must be included then make sure an attachment is furnished to identify them.

(14) Title Of Work. If a third work will be subject to this agreement, then produce its title precisely as it appears on the original work.

(15) Registration. Deliver the official copyright registration number (twelve-digits) along with the copyright date reserved for the titled work to the available spaces.

Article III. Assignment Purchase

(16) Payment Due. The dollar amount the Assignee must pay the Assignor to gain the right to reproduce the named property above, use, or present the intellectual property this agreement discusses should be established.

(17) Due Date Of Assignee Payment. The final date when the Assignor must receive the Assignee’s payment should be solidified in Article III.

Article IV. Recordation

(18) Copyright Responsibility. All works to be copyrighted must be done so through the United States Copyright Office. The Party responsible for effecting a formal copyright or maintaining it on the discussed material must be identified with a selection of one of the choices in Article IV. If the Assignor will be responsible for this task then select the first checkbox however if the Assignee will be responsible for copyrighting or maintaining a current copyright of the concerned material then the second checkbox must be marked.

Article V. Further Use Of Work

(19) Non-Exclusive Use. If the work(s) this agreement concerns will call for the Assignor to maintain the right to use the concerned work(s) including the right to create additional works based on this intellectual property, then select the first checkbox statement to establish that the intellectual property will not become the exclusive property of the Assignee.

(20) Exclusive Use. If the Assignee intends to purchase the exclusive rights to the work, obligating the Assignor to seek written consent when wishing to use the work further, then select the second checkbox statement.

Article VI. Authorship

(21) Assignor Retains Authorship Rights. Select the first checkbox in Article VI if this agreement shall call for the Assignor to be identified at all times as the author of the works being discussed.

(22) Assignor Will Not Retain Authorship Rights. If the Assignor agrees to release all rights to being known as an Author of the concerned work, the second checkbox will need to be selected.

Article IX Governing Law

(23) State Of Effect. The state where this agreement will seek enforcement from the courts and whose laws apply to the conditions the Assignor and Assignee agree to must be identified in the ninth article.

Article XII

(24) Additional Terms. All conditions and terms that govern how the Parties shall behave with the intellectual property or work must be included in this paperwork by the time each sign it. Article Twelve shall provide the area needed for a presentation of this information. Additionally, a reference to an attachment with this information may be presented in its content. In such a case, make sure such a document is physically attached for review to this agreement by the time each Party executes his or her signature.

XIV. Execution

(25) Assignor’s Signature. The Assignor who is releasing some or all of his or her claim to the copyright should review every article carefully. If any attachments are made, these too, should be read through to his or her satisfaction. When ready, he or she should sign the signature area provided to acknowledge the conditions and terms of this paperwork.

(26) Assignor’s Printed Name.

(27) Signature Date.

(28) Assignee’s Signature. The Party who will be able to access and use the work being discussed by meeting the conditions of this agreement must sign his or her name as the Assignee once he or she is satisfied with its content. As discussed earlier, the Assignee may be a Business Entity. If so, then a Signature Representative, appointed by the Business Entity, may sign this document as the Assignee.

(29) Printed Name Of Assignee. The printed name of the Signature Party entering this agreement as the Assignee must be supplied below his or her signature.

(30) Signature Date.

Copyright Search
17 U.S.C. § 205(a)

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/

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Assignment of copyright: formalities

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Assignment (copyright)

An assignment is a permanent transfer of copyright (like a sale).

1 January 2023

Page contents

When it applies

Who/what it applies to

Core principles, why it matters (risks/opportunities), key legal considerations/elements, key commercial considerations/elements.

Estimated reading time for this page: 5 minutes

An assignment is a transfer of copyright (or part of it) from a copyright owner (the assignor) to a third party (the assignee), such that the assignee becomes the owner of that copyright.

Put another way: an assignment of copyright is like selling a house, whereas a licence of copyright is like leasing a house.

Alice has been approached by a television production company that wants to make a TV adaptation of her recent novel.

As copyright owner, Alice is the only person entitled to adapt the novel and, as such, the production company has asked for an assignment of this adaptation right.

Alice understands the commercial needs of the production company and is willing to transfer ownership of the right to them (rather than merely licence it). However, she does not want to assign any more rights than are strictly necessary.

Given that a partial assignment of copyright is possible, she assigns the right to adapt the novel to the production company. Alice retains ownership of other rights herself (such as the right to copy or translate the novel), allowing for future commercialisation if she so wishes e.g. by translating the novel for publication in new countries.

When it applies

An assignment takes place when the copyright owner (the assignor) agrees to transfer the copyright to a third party (assignee).

This is ordinarily done by way of an assignment agreement (sometimes known as an elective assignment), in which case the transfer takes effect from the date set out in that agreement. However, in limited circumstances the assignment can happen automatically (an automatic assignment – see key legal considerations below).

An assignment relates to the work set out in the assignment agreement and binds both the assignor and assignee.

Once an assignment has been made, the assignee becomes the new copyright owner and they then have the right to enforce the copyright against any third parties who might infringe it.

It's possible to assign copyright in future works e.g. those that have not been created yet. Therefore, the assignment can relate to both the assignor’s current and future copyright. In each case, the assignment can be for the whole or part of the copyright in question.

The assignment may relate to all, or part (a partial assignment), of the assignor’s copyright.
Once the assignment is made, the original copyright owner can no longer exercise the rights transferred (although, subject to the terms of the assignment, may continue enforcement action for any infringement prior to the date of assignment).
The assignor cannot control how the assignee exercises the rights assigned, including any decision not to exercise the rights e.g. not to publish or perform the work.
An assignment agreement should clearly set out the terms of the assignment including the scope of the assignment and any consideration payable.

Permanent loss of rights.

Relative lack of formalities (see key legal considerations below), so care should be taken to ensure that assignments are not made unintentionally.

The assignor loses control of future use and revenue opportunities.

Opportunities

The current copyright owner receives a guaranteed payment for their work.

They can specify the terms of the assignment e.g. whether all or only part of the copyright is assigned.

Provides opportunities to monetise copyrighted work in a targeted way e.g. to transfer adaptation rights of a book to a film studio.

The assignment must be:

in writing
signed by the assignor (owner)

It's best practice for the assignee to also sign the assigment (to avoid dispute as to whether they are bound by other terms of the assignment agreement e.g. payment).

For the assignment of current copyright there is no specific form of agreement that must be used e.g. the assignment can be by way of letter, provided it is in writing and signed.

An assignment can be either:

automatic – in limited circumstances copyright will be assigned automatically. These include insolvency and inheritance (through the rules of intestacy or as set out in the copyright owner’s will, whichever is applicable).
elective – in most cases the assignment will be an ‘elective’ assignment e.g. where a copyright owner chooses to assign the copyright and enters into an agreement to do so.

An assignment is a permanent transfer of rights. If a copyright owner wishes to retain ownership of their copyright and merely give a third-party permission to use the copyright in specific circumstances, they should use a licence instead.

As the new copyright owner, the assignee becomes the person entitled to take legal action in respect of any breach of the copyright.

It's possible to tailor the assignment agreement to the specific needs of the parties so these terms should be considered carefully as, once assigned, a copyright owner loses the ability to monetise the assigned rights

An assignment can be exclusive or non-exclusive. Does the copyright owner want to retain the ability to use the work themselves or to allow others to use it?

Ordinarily, an assignor will be entitled to sell any remaining copies of the work in their possession even if an assignment has been made. If this is not the intention of the parties it should be clearly set out in the assignment agreement.

As the author of the work can I still use the work after assignment?

No, unless otherwise provided for in the assignment agreement, an assignment is a permanent transfer of copyright. This means that on assignment, only the assignee can exercise those rights moving forward.

Can I assign moral rights ?

Moral rights (e.g. the right to be identified as the work’s author) cannot be assigned, although they can be waived. If the parties intend for the copyright owner to waive their moral rights this must be clearly stated in the assignment agreement.

Do I have to assign all my copyright?

No, you can make an assignment of your copyright in whole or in part. If you are assigning only certain rights to the assignee (e.g. the right to perform the work to a theatre company) this should be made clear in the assignment agreement.

Does there need to be consideration (payment)?

Although not strictly needed, unless the assignment is by way of a deed (a legal document that, unlike a contract , must be in writing, requires the parties’ signatures to be witnessed but does not require consideration to be paid), some consideration is usually required. This could be a nominal sum (e.g. £1), fair market value or consideration in kind e.g. the provision of services.

What’s the difference between an assignment and a licence ?

An assignment is a permanent transfer of rights (like a sale), whereas a licence is a limited grant of permission (like a lease). With a licence, the original copyright owner retains ownership of the copyright, whereas with an assignment the ownership is transferred to the assignee.

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Trademark Assignment: What You Need to Know Before Transferring Ownership

Trademark assignment is the process of transferring ownership of a trademark. It is a significant legal process that requires careful consideration and adherence to relevant laws and regulations. Failing to understand the intricacies of trademark assignment can lead to legal disputes, loss of rights, and financial implications for both parties involved. Therefore, it is essential for individuals and businesses involved in trademark transactions to have a clear understanding of the process and its implications.

Understanding Trademark Assignment

Trademark assignment refers to the formal transfer of ownership rights of a trademark (Registered or Pending)from one individual or entity to another. It involves the conveyance of all associated rights, including the right to use, licence, or sell the trademark, to the assignee.

Importance of Proper Documentation

Proper documentation is essential in the process of trademark assignment to ensure clarity, legality, and enforceability of the transfer. Documentation typically includes a written agreement outlining the terms and conditions of the assignment, as well as any associated considerations or payments. Without proper documentation, the assignment may be deemed invalid or unenforceable, leading to potential disputes or challenges in the future.

Types of Trademark Assignment

Trademark assignment can take several forms, depending on the nature and extent of the transfer:

Complete Assignment : In a complete assignment, the assignor transfers all rights and interests in the trademark (Registered or Pending) to the assignee. This includes the right to use the trademark for any purpose, as well as the right to sublicense or transfer the trademark to third parties.
Partial Assignment : A partial assignment involves the transfer of only specific rights or interests in the trademark (Registered or Pending). This may include limiting the assignment to certain products, services, or geographical regions, while retaining ownership rights over other rights or interests of the trademark.
Assignment with Goodwill : When a trademark is assigned with goodwill of the business, the assignor transfers not only the rights to the trademark but also the associated value and reputation of the trademark. This allows the assignee to benefit from the established goodwill and reputation of the trademark.
Assignment without Goodwill : In contrast, an assignment without goodwill involves the transfer of only the rights to the trademark, without any associated value or reputation. .

Prerequisites for Trademark Assignment

Before proceeding with a trademark assignment, certain prerequisites must be met to ensure the validity and enforceability of the transfer.

Requirement of a Written Agreement

A trademark assignment must be documented in writing to provide clarity and evidence of the transfer. This written agreement, often referred to as a trademark assignment agreement, outlines the terms and conditions of the transfer, including the rights and obligations of both the assignor and the assignee. Without a written agreement, the assignment may be subject to disputes or challenges regarding the terms of the transfer.

Identification of Parties Involved

The parties involved in the trademark assignment must be clearly identified in the agreement. The assignor, who is the current owner of the trademark, and the assignee, who is the intended recipient of the trademark rights, must be accurately identified to establish their respective roles and responsibilities in the transfer process.

Consent from the Assignor

Consent from the assignor is essential for a valid trademark assignment. The assignor must willingly agree to transfer the ownership rights of the trademark to the assignee. Without the assignor’s consent, the assignment would be considered invalid and unenforceable. Therefore, obtaining explicit consent from the assignor is a fundamental requirement in the trademark assignment process.

Consideration

Consideration refers to the value exchanged between the parties as part of the trademark assignment in the form monetary consideration.

Trademark Assignment Agreement

A well-drafted trademark assignment agreement is essential to ensure clarity, enforceability, and protection of rights for both the assignor and the assignee. It helps to avoid misunderstandings or disputes between the parties involved and provides a legal framework for the transfer of trademark rights.

The trademark assignment agreement must be executed by both parties in accordance with legal formalities. It should be signed by the assignor and the assignee, with their signatures witnessed by independent witnesses. The agreement will be stamped based on the consideration amount of the assignment. Notary may also be required.

Process of Trademark Assignment

The process of trademark assignment involves several steps that must be followed meticulously to ensure the legal transfer of ownership.

Filing of Trademark Assignment Application (Form TM-P)

The first step in the process is to file a trademark assignment application with the appropriate authority, usually the Registrar of trademarks. This application is typically submitted on Form TM-P, formally notifies the registrar of the intention to transfer ownership of the trademark. The application must contain all necessary details, including information about the assignor, assignee, and the trademarks being transferred along with a copy of the assignment deed..

Advertisement of the Assignment as Directed by the Registrar

Upon receipt of the trademark assignment application, the registrar may direct the parties to advertise the assignment in a specified manner and within a specified period.This is only in case of partial assignment or in the case of assignment without goodwill This advertisement serves to notify the public of the impending transfer of ownership and provides an opportunity for any interested parties to raise objections or concerns regarding the assignment.

Registrar’s Registration of the Assignee as the New Proprietor

Once the advertisement requirements have been met and any objections addressed, the Rregistrar will proceed to register the assignee as the new proprietor of the trademark/s. This registration formally recognises the transfer of ownership and updates the official records accordingly. The assignee will now have full legal rights and responsibilities associated with the ownership of the trademark/s.

Documents Required for Trademark Assignment

Several essential documents must be prepared and submitted during the process of trademark assignment to ensure the legality and validity of the transfer.

Restrictions on Trademark Assignment

Certain restrictions are in place to ensure fair use and prevent confusion or deception among consumers.

Parallel use restriction: This restriction prohibits the assignor from assigning a trademark in a manner that creates exclusive rights in different individuals or entities for the same or similar products or services. Essentially, it aims to prevent multiple parties from using the same trademark in a way that could lead to consumer confusion. This is applicable in the case of partial assignment.
Multiple territorial use restriction: This restriction prevents the assignor from assigning a trademark in a manner that creates exclusive rights in different regions or territories for the same or similar products or services. It aims to maintain consistency and clarity in the use of trademarks within specific geographical areas.This is applicable in the case of partial assignment.

Benefits of Trademark Assignment

Trademark assignment offers several advantages for both the assignor and the assignee, making it a valuable tool for transferring ownership of intellectual property rights.

Monetisation of Brand Value for the Assignor

By transferring ownership rights to another party, the assignor can receive financial compensation in exchange for granting the assignee the exclusive rights to use the trademark. This can be particularly beneficial for businesses looking to capitalise on the value they have built through branding efforts over time.

Acquisition of Established Brand Rights for the Assignee

For the assignee, trademark assignment provides the opportunity to acquire the established rights and recognition associated with a well-known brand. Instead of building a brand from scratch, the assignee gains immediate access to the market presence, reputation, and consumer trust that the trademark represents. This can expedite market entry and enhance the assignee’s competitive position in their industry.

Support for Business Expansion

For the assignor, transferring ownership of underutilised trademarks or brands can free up resources and focus on core business activities. Meanwhile, the assignee can leverage the acquired trademarks to diversify their product offerings, enter new markets, or strengthen their existing market position, driving growth and revenue opportunities.

Establishment of Legal Rights in Case of Disputes

By formalising the transfer of trademark ownership through a legally binding agreement, both the assignor and the assignee establish clear legal rights and obligations. In the event of disputes or challenges to the ownership of the trademark, the assignment agreement serves as evidence of the parties’ intentions and commitments. This can streamline dispute resolution processes and provide legal recourse to protect the interests of both parties.

Frequently Asked Questions

1. What is the full assignment of a trademark?

The full assignment of a trademark refers to the transfer of all rights, interests, and ownership of the trademark from one party (the assignor) to another party (the assignee). In a full assignment, the assignor relinquishes all control and benefits associated with the trademark, including the right to use, licence, or sell the mark. This comprehensive transfer ensures that the assignee gains exclusive ownership and control over the trademark for all relevant goods or services.

2. What is licence and assignment of trademark?

A licence and assignment of a trademark involve two distinct legal arrangements. A licence grants permission to a third party (the licensee) to use the trademark under specified terms and conditions, while the ownership and control of the trademark remain with the licensor. In contrast, an assignment transfers the entire ownership rights of the trademark from one party to another. While a licence allows for the authorised use of the trademark, an assignment results in the complete transfer of ownership, including all associated rights and benefits.

3. What is the difference between transmission and assignment?

Transmission and assignment are both methods of transferring ownership of a trademark, but they differ in scope and application. Transmission refers to the automatic transfer of trademark rights due to changes in legal status, such as inheritance, bankruptcy, or corporate restructuring. In contrast, assignment is a deliberate and voluntary act where the current owner (assignor) transfers ownership rights to another party (assignee) through a written agreement. While transmission occurs by operation of law, assignment requires the explicit consent and agreement of the parties involved.

4. What is consideration for trademark assignment?

Consideration for trademark assignment refers to the value exchanged between the assignor and the assignee as part of the transfer agreement which is in monetary form. It serves as the legal basis for the contract and ensures that both parties receive something of value in exchange for the transfer of trademark rights..

In conclusion, understanding trademark assignment is crucial before transferring ownership. It’s essential to ensure proper documentation, consent, and consideration to facilitate a smooth transfer. Seeking professional assistance from legal experts can help navigate the complexities of trademark assignment and ensure compliance with legal requirements.

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Commercialising intellectual property – Assignment and Licensing options for copyright

Are your literary or musical works getting republished or reproduced? Do you need to commercialise your intellectual property? How can you keep your original works safe?

Licensing and Commercialising your Copyright

Choosing the right method of intellectual property commercialisation can often be tricky to navigate, and will wholly depend on a copyright owner’s preference about control and continual ownership.

Under section 196(1) of the Copyright Act 1968 (Cth), copyright is personal property, and under this section can either be assigned or licensed to another person to use in a specific way.

These are the two primary ways copyright can be exploited for financial gain.

Copyright Assignments

Copyright assignments relinquish ownership of the copyright to the other person (the ‘assignee’), often in exchange for a sum of money.

Assignments may not be forever. Instead, they might only be partial (where copyright is assigned only for a limited time, on specific terms).

How do I assign my Copyright?

There are certain formalities that you must comply with should you wish to assign copyright. Under the Act [1] the assignment of copyright (whether full or partial) will not be valid unless the assignment is contained in writing . The Act also provides that the assignment can be limited to a specific region in Australia or for a specific time period.

It is also essential that if you intend to make a partial assignment, the assignment is expressed without unlimited terms or absolutely.

If this happens there will be right to have the copyright reverted to you. [2] If the partial assignment is expressed in unlimited and absolute terms, however, whether or not you intended for the copyright to revert to you after a particular period of time may not matter, and there may be no right of reversion.

In these circumstances it is important to engage a lawyer familiar with drafting.

Copyright Licensing

Copyright licensing is only temporary, and differs from assignments in that copyright owners are allowed some form of control over the intellectual property rights throughout the duration of the license. Licensing does not transfer copyright ownership to the other person (the ‘licensee’), rather it provides the licensee permission to use your intellectual property in a way outlined in its copyright rights.

In this circumstance, you can still sue a third party for copyright infringement as you are still its owner under the Copyright Act.

Normally, permission to use the copyright owner’s work is acquired in exchange for royalties or a lump sum payment. However, the license may exist as a bare license, authorisation or permission where no consideration (money) is exchanged.

Generally, as a copyright owner, you may choose to grant either an exclusive or non-exclusive license.

Exclusive Licenses

An “exclusive licence” is an agreement whereby a copyright owner entitles a licensee to use the owner’s copyright to the exclusion of all others (including the copyright owner him or herself).

Under an exclusive licence agreement, the right of exploitation may be limited to particular timeframes, geographical locations and may only be used for specific purposes. Ownership ultimately remains with the original owner.

Under the Copyright Act 1968 (Cth), licensees under exclusive licence agreements have greater rights than licensees under a non-exclusive licence Agreement. This includes the opportunity to sue a third party for copyright infringement (along with the owner who also retains this right against a third party). In Australia, a licensee of an exclusive license can also sue a copyright owner for copyright infringement should the copyright owner breach the terms of the exclusive licence.

Exclusive licencing arrangements are more suitable for licensees who wish to pay for exclusive exploitation of the copyright of the owner, and do not wish to share it with others.

Non-Exclusive Licenses

Under a “non-exclusive licence” a copyright owner does not have to limit the use of the copyright to one person. That is, under this type of arrangement, the copyright owner can extend the licence to multiple parties at one time. This can be a more effective method of commercialisation of a copyright owner’s intellectual property.

Non-exclusive licence arrangements are more appropriate for copyright owners who wish to retain control over the commercialization of their products and copyright. In this arrangement, distinguishable from the exclusive licence, the copyright owner can continue to use his or her copyright concurrently to use by the licensee.

How do I licence my copyright out to others?

Under section 10 of the Copyright Act, to be valid an exclusive licence must be reduced to writing . Other types of licences should also be reduced to writing in the form of a licensing agreement. Generally, the terms of a licence will be set out in a formal Copyright Licence Agreement.

Have questions about copyright assignment or licence?

We’ve put together more information about the types of copyright licences in our resource centre. For more information on how to commercialise your intellectual property, please contact our Intellectual Property team on (07) 3252 0011.

Additionally, if you are an employee and are unsure of whether you own the work you have created during the course of your working relationship with your employer, contact a member of our Intellectual Property team on the number above. Or, to read about whether you own your copyright as an employee, click here .

Written by Lawyer edited by Jackson Litzow (student placement).

[1] Copyright Act 1968 (Cth) s 196(3).

[2] S umner v Beyond Properties (2003) 59 IPR 268.

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