copyright assignment in writing

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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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Assignment of Copyright – Explained With Modes and Disputes

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

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

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

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

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

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

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

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

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

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

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

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

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

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

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

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

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

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

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

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

Read Next: Doctrine of Merger Under Copyright Law

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What Writers Need to Know About Copyright Law

For poets, novelists, screenwriters, playwrights, journalists, and other wordsmiths.

We created this Copyright Law for Writers webpage to provide information about copyright law as it applies to poets, novelists, short story writers, journalists, bloggers, and other creators of written works.

On this page, we explain what rights writers have under copyright law, why it is important to register written works with the U.S. Copyright Office, and how to deal with copyright infringement. We also provide several resources for writers about copyrights in the writing and publishing contexts. Feel free to jump to a specific section:

What Rights Do Writers Have?

• Should Writers Register Their Works with the U.S. Copyright Office?

How to Know When a Written Work is Published or Unpublished?

Do writers own the copyright to the works they author, how long does copyright protection for a written work last, fair use for writers, copyright infringement for writers, common copyright law questions for writers, copyright resources for writers.

Copyright protection for literary works applies automatically when a work is originally authored and fixed in a tangible form , such as writing something down on paper or typing up a document and saving it on the computer . Copyright law does not protect facts, ideas, themes, or tropes used in written works, but instead protects the way these things are expressed in writing.

When a written work is protected under copyright law, the copyright owner has several exclusive rights : (1) the right to reproduce the work, (2) the right to distribute the work, (3) the right to create derivative works of the work, (4) the right to publicly perform the work and (5) the right to publicly display the work.

Should Writers Register Their Written Works with the U.S. Copyright Office?

As previously mentioned, copyright protection for written works begins as soon as the work is fixed in a tangible medium. Therefore, a writer does not need to register a written work with the U.S. Copyright Office for that work to be protected by copyright. However, there are many benefits to registering with the Office. These benefits include keeping a public record of the writer’s copyright so that others know who to seek permissions from if they want to use the work and preserving a writer’s ability to sue if copyright infringement occurs. More information about how to register literary works can be found on the Copyright Office’s literary works registration page.

In order to fully and correctly complete a registration application, a writer will need to know some important information about the work, such as:

• What type of work is being registered;
• Whether anyone else has a copyright ownership interest in the work;
• Whether the work has been published, and if so, when;
• Whether the work contains pre-existing materials.

Knowing these details and others will help the writer correctly complete the copyright registration application form and reduce delays in the registration process caused by any back-and-forth communication with the Copyright Office. In addition to completing the application, the applicant will also need to submit at least one copy of the written work along with a registration fee to the Copyright Office.

Knowing whether a work has been published and what date it was published is important for many reasons. Writers need to know the publication status of a written work in order to completely and accurately submit a registration application to the Copyright Office and the publication year will be important to determining the term of copyright protection for an anonymous or pseudonymous work and for a work made for hire .

Under the Copyright Act, publication of a written work occurs when:

• the copyright owner distributes or authorizes someone else to distribute copies of the work to the public or;
• the copyright owner offers or authorizes someone else to offer to distribute copies of the work to a group of persons for the purposes of further distributing copies of, publicly performing, or publicly displaying the work.

Importantly, a public performance or display of a work does not itself constitute publication. For example, a blog post on a website is a public display of work and is therefore not considered to be published. However, if the blog post is not just displayed but is also distributed by, for example, allowing others to download it or including the blog post into a book that is sold in bookstores, then the blog post would be considered to be published.

When a copyright owner restricts distribution of copies of a work to a selected group with a limited purpose and without the right of anyone in that group to diffuse, reproduce, distribute, or sell the work that is considered to be a “limited publication.” A “limited publication,” is another way of saying that a work is unpublished. For example, a writer might send a copy of a written work to her agent or perhaps circulate copies to other writers to review, but unless the writer authorizes recipient(s) to further distribute copies of the work, the work would be considered by a “limited publication” and therefore be unpublished.

We completely understand if the distinction between published and unpublished is confusing. Even the foremost experts in copyright at the U.S. Copyright Office concede that the legal definition is extremely difficult to understand. We encourage writers to check out our Published v. Unpublished FAQ page and an answer from the Copyright Office about Published v. Unpublished Registrations for more information.

At times, copyright ownership of written works can get confusing and a writer’s copyright interest can depend on many factors surrounding a particular creative project. A written work can have multiple authors, writers can license or assign works, or an employer might actually own the copyright in the written work as what is called a “work made for hire.”

To avoid confusion over ownership issues, at the beginning of any project it is important for writers to know their rights, understand the intent of all involved parties, memorialize any important agreements or understandings, and to carefully read over any agreements that may be presented to them.

Joint Authorship and Copyright Ownership

Jointly authored works are works where two or more creators contribute to a written work and the creators intend for their contributions to be inseparable from one another. In a joint work, each creator holds an undivided, equal share to the copyright in the written work. Thus, the default rule is that each creator has an equal claim to all the exclusive rights in the joint work—the right to reproduce, distribute, create derivative works, and publicly perform or display—unless they separately agree among themselves that the shares or division of rights or profits should somehow be different.

When writers contribute written works that they do not intend to be inseparable from a bigger, overall work, the overall work would be considered a collective work or a compilation. In a collective work or compilation, each author or copyright owner of an underlying, separable copyrighted work retains their copyright to that specific work. The rightsholder to the overall work would have a separate copyright in the overall work based on the selection, coordination, and assembly of the underlying works. The Copyright Act presumes that the rightsholder to the collective work or compilation has the right to reproduce or distribute the individual work so that it can be incorporated and used in the overall collective work or compilation.   

Oftentimes, writers may collaborate with other writers, illustrators, editors, dramaturgs, and various experts when developing a certain work. In a collaboration, it is best to express and memorialize in a written contract whether the creative relationship is a joint authorship. Without an express agreement, writers may later find themselves arguing with one another over whether they all intended to be joint authors for copyright purposes.

Is the Work a Work Made for Hire?

A work is considered a work made for hire if it is:

(1) created by an employee within the scope of employment, or

(2) a special type of work (translations, contribution to a collective work, compilation, instructional text, test materials, atlas, etc.) which has been specially ordered or commissioned.

If the work falls within one of these two categories, the “author” of the work for copyright purposes is considered to be the employer or the person who commissioned or ordered the work. Thus, it is that entity or person, not the original creator of the work, who owns the copyright. For a further explanation about works-made-for-hire factors check out our Works Made for Hire FAQ .

Is the Work Being Licensed or Assigned?

If a work is not a work made for hire, the writer(s) can license or assign their rights to the work to third parties. The key difference between a license and an assignment agreement is that in a license agreement, the writer only grants permission or authorizes others to use certain rights to the copyrighted work versus an assignment agreement where the writer transfers or “gives away” the rights from the writer to a third party.

In assignment agreements, the writer is effectively no longer the copyright owner of the work, unless the writer terminates those rights. Under copyright law, copyright owners have termination rights which allows them to terminate both licenses or transfers (assignments) of one or more of the exclusive rights of the copyright owner between 35 th and 40 th year after the license or transfer agreement went into effect.

But keep in mind, that if there are joint authors (unless there is a separate agreement between all authors), each author has the equal right to license or assign his/her own rights to the work without permission from any of the other authors—as long as an accounting of profits is provided to the other authors. However, in the case where one of the authors of a joint work wants to grant an exclusive license (more on that below) of a right(s) to the joint work, this could impact and restrict the rights of the rest of the authors and so permission from the other authors would be needed.   

Are the Rights in the Work Being Transferred Exclusively or Non-Exclusively?

An important concept that writers should be aware of relates to exclusivity provisions in license agreements. License agreements can have exclusive provisions, meaning the licensed third party is the only party who has the licensed right(s) (for example, the exclusive right to publish a work for three years or the exclusive right to create audiovisual works of the written work). In an exclusive license, the copyright owner gives the other party the entirety of the right(s) subject to the contract, and the copyright owner is effectively no longer the copyright owner of those rights.

License agreements can also have non-exclusiv e provisions meaning that the writer(s) can license that same right to other third parties or use the right themselves. Under a non-exclusive license, a writer could grant a third party one or more of the exclusive rights.

Copyright protection for a written work lasts for the life of the author plus an additional 70 years. If the written work is jointly authored, the copyright term lasts for life of the last surviving joint author plus an additional 70 years.

The term of protection is a bit different for works made for hire created by corporations or businesses as well as anonymous and pseudonymous works. That’s because for these types of works there is no “life” by which to measure the term. For these works, the term of copyright is 95 years from year of first publication or 120 years from year of creation of the work—whichever is shorter.

Fair use is an important exception in copyright law that allows writers and others to use a copyrighted work without the copyright owner’s permission and without paying the copyright owner. The Copyright Act provides several examples of what kinds of uses may qualify for the fair use exception, such as works of criticism, comment, news reporting, and scholarship. Ultimately, whether something qualifies as a fair use is determined on a case-by-case basis by balancing four factors:

• The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
• The nature of the copyrighted work;
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
• The effect of the use upon the potential market for or value of the copyrighted work.

All four of these factors have to be evaluated; no single factor can determine whether something is a fair use or not. The fair use exception can be a bit confusing to understand, but here are some pointers as writers think more holistically about fair use in the writing and publishing contexts:

Under Factor 1

• Works of parody are more likely to qualify for the fair use exception than a work of satire because they criticize or provide commentary on the underlying work. Check out our FAQ and a blog further discussing works of parody and satire in the fair use context.
• If a particular use of a copyrighted work is transformative, this would weigh in favor of a fair use finding. A transformative use is one in which the use has a fundamentally different purpose than from the purpose of the original underlying work and does not act as a substitute for the original use of the work. For example, some courts have found that where a copyrighted work or a portion thereof, is used to critically enhance historical information in a biographical work, the use can be found as sufficiently transformative. For example, the Second Circuit court in Bill Graham Archives v. Dorling Kindersley Ltd. found that a defendant’s use of copyrighted images of band concert photos and tickets in a historical timeline in a biographical book about the band was transformative because it “enhance[ed] the biographical information in [the defendant’s book], a purpose separate and distinct from the original artistic and promotional purpose for which the images were created.”

Under Factor 2

• Use of nonfiction or factual works may move the needle on this factor in favor of a finding of fair use, especially when the use is transformative under the first factor and when the unprotectable facts and ideas (which factual works contain more of) are the elements being used in the unauthorized work. To be clear , this does not mean that an unauthorized use of a nonfiction or factual work will always weigh in favor of fair use. Nonfiction and factual works still contain copyrightable expression, such that if the expression of the factual work is used, a court could find that the use was not a fair use. For example, excerpted subjective descriptions and portraits of public figures as expressed by the author in his memoir, were still considered to be very expressive, exceeding mere factual value. On the flip side, use of fictional works moves the needle on this factor in favor of a finding that the use is not a fair use since the user is very likely using copyrightable expressive parts of the underlying work.
• Use of an unpublished work would weigh this factor against a fair use finding. The Supreme Court emphasized that the right of an author or a rightsholder publication right to his or her work was critical to the rightsholder’s ability to exercise full creative and quality control over his or her work.

Under Factor 3

• If a small portion of the copyrighted work is used that may weigh in favor of fair use. There is no specific number or amount (e.g., 10% or 2 pages) of a copyrighted work that can be used as it is decided on a case-by-case basis. Even if only a small portion of a work is taken, the use may not qualify for the fair use exception if it takes the “heart” (i.e., fundamental, crucial expression) of the underlying work.

Under Factor 4

• A use that causes market harm to the underlying work would weigh against a finding of fair use. But it’s important that writers understand that courts will consider the kind ofmarket harm. If a work substitutes for the original work in a market for the original work, a court would weigh this factor against a finding of fair use. But if someone uses a copyrighted work in a criticism or review of the work, which drives the public away from purchasing the copyrighted work, this would not count as market harm for the purposes of analyzing the fourth fair use factor.

For additional guidance on how to consider the four fair-use factors and how it affects writers’ copyright interests, please watch Copyright Alliance’s fair use educational videos for free, or join our free membership to watch in-depth webinars on fair use.

Copyright infringement occurs when someone engages in using one or more of a copyright owner’s exclusive rights without the owner’s permission and there is no exception or limitation in the copyright law that otherwise allows for that particular use. The infringing act might be innocent, but that doesn’t excuse the fact that it is implicating someone else’s rights.

Copyright infringement for writers can take on all sorts of shapes and forms, but again, when evaluating whether infringement has occurred, the writer must remember that exceptions like fair use might excuse that otherwise infringing activity. Additionally, a writer should also remember that copyright law protects expressions and not ideas and therefore it does not protect general plot or storylines, historical or scientific facts, data points, themes, ideas, and character tropes.

Once a writer determines that the material is indeed an infringement of the writer’s copyrighted work, there are some steps the writer can take to try to stop the infringement and/or get compensated by the infringer. The writer can contact the infringer directly to request that the infringer cease the infringing activities, take down the infringing material (if its online), and/or be compensated for the infringing use (including and damages incurred by the writer). If contacting the infringer directly does not work, the writer may consider sending a Digital Millennium Copyright Act (DMCA) takedown notice to the platform that is hosting or linking to the infringing material and ask for it to be taken down and/or to sue the infringer in federal court or the Copyright Office’s small claims court.

Sending a DMCA Takedown Notice

If a writer discovers that their work is being infringed on a web service or platform (and the writer determines that there are no other copyright law exceptions that apply (like fair use), they can send a DMCA takedown notice to the online platform or service where the infringing material is found, requesting that the material be taken down. For example, if an infringement is found on Facebook, the writer could send a DMCA notice to Facebook by filing out an online form requesting the infringing materials be taken down. The DMCA Takedown Notice process does not guarantee the infringer will stop the infringing activity. But at a minimum, it does put the infringer on notice that they are making use of a copyrighted work without the copyright owner’s consent.

There are a number of elements that should be included within the notice, such as a signature, contact information, and identification of the work being infringed upon. It is important to know what a DMCA takedown notice should include. Many popular social media platforms and online service providers will have their own DMCA forms and tools that writers can use to enforce their copyrights.

Suing the Infringer

If the infringer refuses to take down the material and the platform or online service provider agrees with the infringer, then the only way for the writer to get the infringing material removed (and to get damages stemming from the infringement) is to sue the infringer in federal court. Federal courts have jurisdiction over copyright infringement cases, which means that a writer cannot bring a claim in state court. As discussed before in the registration section, writers should remember that in order to sue in federal court, the U.S. Copyright Office must have made a registration determination regarding the writer’s work.

As an alternative to suing in federal court, a writer can sue for infringement in the small claims court located within the U.S. Copyright Office. The small claims court, which is called the Copyright Claims Board (CCB), can award damages, but cannot order the infringer to stop (unless the infringer agrees). There are other differences between federal court and the small claims court, including the fact that the infringer can opt-out (in which case the writer’s claims will be dismissed) and that there is a cap on damages. Learn more about the copyright small claims court process on our FAQ page about the CCB . 

Can a Work be Used Without Permission if Credit to the Author is Given?

Giving credit for the use of someone else’s work is a great way to avoid committing plagiarism, but it has no impact on copyright infringement. Infringement is infringement, whether credit is provided or not. Learn more from our blog about Plagiarism and Copyright

Can a Book Title Be Protected by Copyright?

Since copyright law protects the original, fixed expressions—a book title, list of ingredients in a cookbook, or similarly situated short phrases or lists of procedures may not contain enough of that original, creative expression. As a result, book titles and other short phrase are almost never protected by copyright. However, in some cases, they may be protected by trademark law. For more discussion on what copyright law does not protect, check out our Copyright Law Explained page and our FAQ to a question related to this topic.

How can Images, Videos, and Other Content in Blogs or Other Online Written Works be Used Legally?

If a use doesn’t qualify for an exception like fair use, usually, asking the copyright owner of the work is the best way to legally incorporate other works in a blog or other forms of written works online. There are also other ways of finding content to legally incorporate into a blog or other online written works. Just check out our blog on this topic for additional tips and guidance.

There are a number of ways to stay informed about how copyright law works for writers and the publishing industry in general. For starters, we recommend that creators join the Copyright Alliance for free and visit the U.S. Copyright Office’s website .

Some Additional Copyright Law FAQs for Writers

• Do I have to use my legal name to register a work?
• Several poems from my book were previously published, should these poems be registered individually?
• If an image is inside of a registered work, like a book, is the image also registered? Similarly, if the registered book required a renewal registration, is the image’s registration also renewed?
• At what point in the creative process do you register a copyrighted work that is continuously being updated or revised, like a screenplay?
• Does the Copyright Office continue to recommend including content titles for their unpublished works?
• If a creator uses works in the public domain (e.g. Shakespeare play, the Bill of Rights, etc.), how does this affect the copyright registration application process?
• What rights do I have to prevent my co-writer to change our copyright registration?
• What is the difference between “Published” vs. “Unpublished” works, why does it matter, and how does the difference relate to Online vs. Print publishing?
• What is the Copyright Office policy regarding registration of published and unpublished works?
• What is the Copyright Office’s definition of “published”?
• I found an article in an online newspaper that I want to share with my colleagues. Can I copy and paste the article into my company’s internal newsletter or upload it onto the company’s intranet?
• Can I post or upload news articles from an online publication that I subscribe to onto my company’s intranet or network?

Other Copyright Resources for Writers

• Literary Works Registration | U.S. Copyright Office
• Where the Authors Guild Stands on Copyright | The Authors Guild
• Writer’s Legal Guide | The Authors Guild
• Writers’ Resource Library | The Authors Guild
• Discussion Forums | Independent Book Publishers Association
• Policy Priorities for the Association of American Publishers | AAP
• Copyright Information for Writers | Poets & Writers
• Copyright Management Suite of Tools | RightsClick
• Find a Copyright Attorney | Copyright Alliance
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We will continue to update this page as more resources become available on copyright law for writers, so keep checking back.

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Copyright Licenses and Assignments

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

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

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

Transfers in General

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

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

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

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

Implied Licenses

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

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

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

Termination of Transfers

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

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

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

Recordation of Transfers

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

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Copyright Licensing and Assignment

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  What Is Copyright Licensing?

Copyright licensing is the transfer of one or more of a copyright owner’s exclusive rights from the owner to another person or entity so they can make use of them. These rights include the rights to reproduce the work, create derivative works, distribute the work to the public, publicly display visual works, and digitally transmit sound records.

Most often, the transfer of a right or rights is done either with an assignment or a license. With a license, the copyright owner retains their ownership of any right that is transferred. An assignment, on the other hand, transfers all exclusive rights and is comparable to a sale. The original copyright owner basically sells their rights to another person or entity who then essentially owns them.

When an owner assigns their rights to another, they give up the right to control how the rights are used. This is the same as selling any item of personal property; the seller cannot control how the buyer uses the item once it has been sold.

Generally, a license is the preferred type of transaction, if the original copyright holder wants to continue exercising their interests and control over their work. For example, if a person assigns their copyright in a song to a music producer, the decision about whether to allow a film producer to use the song in a film belongs to the producer and not to the original copyright holder.

This result can be avoided if the copyright owner transfers an interest or interests in a song by way of a licensing agreement. Then, the copyright owner retains the ability to license an interest or interests in the song to another entity, e.g., a film producer.

The assignment of a copyright is a form of property, i.e., intellectual property, that can be used like any other item of property that has value. For example, it could be used as security for a loan, bequeathed to heirs, or simply transferred for a price or other consideration .

Once rights have been assigned to another person or entity, the original owner has permanently transferred their right to control the copyrighted work. The original owner would be committing copyright infringement if they were to try to make use of any of the rights that they assigned.

If an original owner were to regret an assignment that they made, they would be able to try to buy back their copyright from the assignee. Then, it would be the choice of the assignee whether to sell their interest or not.

Under federal copyright law, a transfer of ownership is only valid if there is something in writing, e.g., a written assignment agreement, note, or memorandum of transfer, signed by the owner of the copyright or their agent.

The law does not require recording of an assignment with the U.S. Copyright Office, but there are advantages to doing it. For example, it creates a public record of the exact details of the transfer and gives notice to members of the public. It can set the priority of rights if there have been conflicting transfers of ownership. It can validate the transfer of the copyright to one person or entity against another.

What Happens if I Transfer My Exclusive Rights to Another Person?

Can i license the same right to more than one person, how do i transfer my rights to another person, what is a copyright assignment, should i record the transfer of copyright ownership, are transfers permanent, do i need a lawyer to license my copyright.

If the owner of a copyright licenses one or more of their exclusive rights to only one other person or entity with no intention of granting the same right to any other person or entity, the person has granted them an exclusive license.

An exclusive license gives its owner the right to exclude all others, including the original copyright owner, from exercising the rights granted in the license. A copyright owner may choose to grant an exclusive license for several reasons, including:

• Profiting from their copyright: The licensee may pay the copyright owner for the exclusive use of one or more of their rights;
• Publicity: For example, the author of a book might authorize a movie studio to produce a movie based on the book in order to draw increased publicity to the author and the book. Of course, it could prove to be highly profitable as well.

A person can license the same right to more than one person as long as they make each and every licensee aware of the fact that they are not getting an exclusive license but rather a nonexclusive one. Presumably, a copyright owner could grant an exclusive license for a larger fee than a non-exclusive one.

If a copyright owner wants to transfer one or more of their rights to another person exclusively, they must put the transfer in writing and sign it. However, the creation of a nonexclusive license requires no written document. In fact, nonexclusive licenses can even be implied if the conduct of the parties indicates licensing.

As noted above, a copyright assignment can be described as a kind of exclusive license in which a copyright owner transfers all of his exclusive rights to another person. Like an exclusive license, a copyright assignment must be in writing.

Recordation of a copyright interest with the U.S. Copyright Office is not required to make it valid, but, again, it is a good idea, especially from the perspective of the person who acquires the interest. By recording the license or assignment, they can protect their rights in the event that the copyright owner licenses to someone else. If a person is the first to receive a license, promptly recording the license can protect them from losing their rights to a competing licensee in the future.

If a copyright owner has placed no time restrictions on a license, the transfer of rights is considered to be permanent for a period of 35 years. At that point, the original copyright owner has a 5-year window in which to exercise their right to terminate any licenses or assignments. If the original copyright owner chooses to end a license at this point, the licensee has to give up all the rights granted in the license.

Of course, a copyright owner can grant a license for a specified period of time. They would have to draft a licensing agreement, perhaps with the help of an intellectual property lawyer, that grants the exact rights the owner wants to grant for a desired period of time with any other conditions and restrictions that they want to place on the grant.

The licensing of a copyright can be complex. LegalMatch.com can connect you to an experienced copyright attorney who can draft a licensing agreement for your copyright that provides you with the interest you want and protects it from the claims of others.

Or, if you are involved in a dispute about an existing license, your lawyer can help you resolve it. A copyright attorney can draft an assignment agreement or other form of assignment as well.

Your lawyer can negotiate a resolution or represent you in court if that should become necessary.

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Susan is a member of the State Bar of California. She received her J.D. degree in 1983 from the University of California, Hastings College of Law and practiced plaintiff’s personal injury law for 8 years in California. She also taught civil procedure in the Paralegal program at Santa Clara University. She then taught English as a foreign language for eight years in the Czech Republic. Most recently, she taught English as a second language for Montgomery County Public Schools in suburban Washington, D.C. Now she devotes her time to writing on legal and environmental topics. You can follow her on her LinkedIn page. Read More

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• THIS IS AN ADVERISEMENT

Copyright Assignment (Transfer Ownership of a Copyright)

General information.

A copyright assignment is the transfer of one’s ownership of a copyrighted work to another person or entity. The prior owner (assignor) gives up all rights to the work to the new owner (assignee). The assignee gains all rights to the work as the legal or beneficial owner and may take legal action to prevent infringing uses of the work, etc. Copyright Act Section 501(b) .

According to federal law, a voluntary transfer of copyright ownership is not valid unless the details of the conveyance are contained in a writing signed by the copyright owner or the owner’s authorized agent. Copyright Act Section 204(a) .

Purpose/Necessity

An assignment may be used:

• After a business is sold and the work’s rights are transferred to the purchaser
• As security for a debt (through a mortgage or other security interest)
• As a bequest in a will or an asset passed to heirs by intestacy/probate
• As part of the distribution of assets following a bankruptcy proceeding
• The work’s owner retains ownership but changes his or her name
• The work’s owner retains ownership but changes its business name or entity type
• Any other instance where the owner of a work wishes to transfer it to another

Recording an assignment is not mandatory to assign the interest bur provides the following advantages:

• Recording the transfer establishes a public record of the details of the transfer and the contents of the document affecting the transfer. Such details will appear in the Copyright Office’s online public catalog .
• The document or material attached to it specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under title or registration number of the work; and
• Registration has been made for the work.
• Constructive notice means that the public is deemed to have knowledge of the facts stated in the document – including those speaking to the ownership of rights – and cannot claim otherwise.
• Under Sections 205d and 205e of the Copyright Act , recording establishes priority of rights as between conflicting assignments/transfers of ownership, or between a conflicting assignment and a nonexclusive license. This means that the first recorded assignment will be taken as valid as against any later alleged assignments.
• In some instances, recording may be necessary to validate the transfer of copyrights as against third parties. Copyright Office – Circular 1: Copyright Basics .
• In some states, recording may be necessary to perfect a security interest. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Frequently Asked Questions

• Once a work is created and fixed in a tangible form, the author (or the author’s employer if the work was a Work Made for Hire), gains certain rights to the copyrighted work. The author has the exclusive right to: •  Reproduce the work in copies or phonorecords; •  Prepare derivative works based upon the work; •  Distribute copies or phonorecords of the work to the public; and •  Perform or display the work publicly.The author may subsequently transfer all or part of these rights through an (permanent) assignment or a (temporary) license. Copyright Act Section 201(d)(2) . Following negotiations between the parties as to the terms of the transfer, a written document must be signed by the owner of the rights conveyed stating the particular rights to be conveyed.
• An assignment does not alter the work’s copyright duration. The assignee gains all rights transferred for the remainder of the copyright in effect. For works created by a single author, the length of copyright is the life of the author plus 70 years. Copyright Act Section 302(a) .
• According to the Copyright Act, a copyright may be transferred by any means of conveyance, including bequeath by will or pass through intestate succession. Copyright Act Section 201(d)(1) . Some types of documents that may suffice include an assignment, mortgage, contract, deed, or promissory note.If you use our firm to assist you in your copyright assignment, we review your document to ensure that it conveys the rights desired, and then record it with the Copyright Office to establish a public record. Alternatively, if you do not have an existing document of transfer, we can draft a document to meet your purposes and then complete the recording process.
• The Copyright Office does not provide a form or example of an acceptable document which effects a copyright transfer. Copyright Office FAQ – Assignment/Transfer of Copyright Ownership . The Copyright Office does not examine documents for legal sufficiency for their intended purpose prior to recording. Furthermore, the fee to record a document with the Copyright Office is nonrefundable. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .It is therefore important to consult with an attorney knowledgeable about copyright assignments to ensure that the copyrighted work(s) in question actually transfer as desired.
• No, the rights given by copyright are the author’s immediately upon fixing the work in a tangible medium of expression. These rights may be transferred through a written instrument and the Copyright Office will record such an instrument before or after the work has been registered with the Copyright Office. Copyright Act Section 205(a) . However, there are several important benefits of copyright registration, and it is helpful to register the work so that the recorded assignment references a work indexed in the Copyright Office’s records .
• No, essentially for the same reasons, copyrights may be transferred whether or not the underlying work has been published. The Copyright Office will record a document evidencing a transfer of an unpublished work. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Legal Services Offered and Cost

Recording of Copyright Assignment Note: this service is for copyright holders who have already transferred their copyright through a written instrument but have not yet filed/recorded the instrument Legal fees: $300 flat fee This includes:

• Review of client’s information to ensure legal requirements are fulfilled
• Answer client questions, make corrections, and obtain additional information as needed
• Review of copyright assignment document to ensure proper transfer is made
• Completion of Copyright Recordation Document Cover Sheet
• Submission of the assignment document, Cover Sheet, and filing fee with the Copyright Office
• Email confirmation of copyright assignment recording by the Copyright Office with official Certificate of Recordation

If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.

Drafting and Recording of Copyright Assignment Legal fees: $300 flat fee

This includes:

• Completion of copyright assignment document to make the assignment

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Copyright Assignment Agreement

Jump to section, what is a copyright assignment agreement.

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

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

Common Sections in Copyright Assignment Agreements

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

Copyright Assignment Agreement Sample

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

Who Helps With Copyright Assignment Agreements?

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

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G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.

Legal services cost too much, and are often of low quality. I have devoted my law practice to providing the best work at the most affordable price—in everything from defending small businesses against patent trolls to advising multinational corporations on regulatory compliance to steering couples through a divorce.

NY Admitted Lawyer 20+ years of experience. Focused on Startups , Entrepreneurs, Entertainers, Producers, Athletes and SMB Companies. I have been a part of numerous startups as Founder, CEO, General Counsel and Deal Executive. I have been through the full life cycle from boot strap to seed investors to large funds-public companies to successful exit. Let me use my experiences help you as you grow your business through these various stages. We saw a market for an on-line platform dedicated to Virtual General Counsel Services to Start Ups and Private Companies.

With over 15 years of legal experience, I was admitted to the bar in 2008 and have since cultivated a diverse legal background. My expertise spans family law, estate planning, healthcare regulatory matters, and business law. I have a particular knack for crafting meticulous contracts. My approach is client-centric, ensuring that every individual receives personalized, knowledgeable guidance tailored to their unique situation. Partner with me, and let's navigate the complexities of the law together. www.downslawla.com

Copyright, trademark, and intellectual property contracts and licenses. General Business contracts. Practical and comprehensive advice and contract drafting in an efficient, no-nonsense manner. She routinely represents clients needing copyright, trademark, and intellectual property contracts and licenses in the book publishing industry, music publishing, and all aspects of art and entertainment. She has represented both sides of the table - creators and authors and corporations and businesses. After 40 years of experience she has seen most business models and structures and has worked with many general contracts in different industries.

I have 14 years civil litigation experience. My practice has included personal injury litigation, contract review, criminal law, family law, and estate planning.

Opeoluwa O.

I am a seasoned lawyer from Tulsa, Oklahoma, and founder of Abii Law Firm. I am originally from Nigeria but moved to Oklahoma eleven years ago and fell in love with it. I obtained my license to practice law three years ago. I have a passion for the intricacies of business law, and I have a specialized focus in assisting personal, real estate, and medical marijuana businesses in navigating the complex legal landscape and drafting various transactional documents, such as operating agreements, purchase contracts, real estate contracts, and many more. Currently, I live in Tulsa with my husband and beautiful 2 year old daughter.

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Location: montana, turnaround: less than a week, service: drafting, doc type: ip assignment agreement, number of bids: 2, bid range: $350 - $500, as a founder i need a contract that protects my ip. i have brought on a contractor to help develop software, but before i go too far down the road with him i want a contract that protects all of my ip, location: florida, number of bids: 3, bid range: $525 - $1,000, related contracts.

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Understanding the Key Elements of a Copyright Assignment Agreements

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

Introduction

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

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

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

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

Definitions (feel free to skip)

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

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

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

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

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

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

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

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

Discuss the purpose of a copyright assignment agreement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Example dispute

Suing for breach of copyright assignment agreement.

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

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17 U.S. Code § 204 - Execution of transfers of copyright ownership

Section 204 is a somewhat broadened and liberalized counterpart of sections 28 and 29 of the present statute [sections 28 and 29 of former title 17]. Under subsection (a), a transfer of copyright ownership (other than one brought about by operation of law) is valid only if there exists an instrument of conveyance, or alternatively a “note or memorandum of the transfer,” which is in writing and signed by the copyright owner “or such owner’s duly authorized agent.” Subsection (b) makes clear that a notarial or consular acknowledgment is not essential to the validity of any transfer, whether executed in the United States or abroad. However, the subsection would liberalize the conditions under which certificates of acknowledgment of documents executed abroad are to be accorded prima facie weight, and would give the same weight to domestic acknowledgments under appropriate circumstances.

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Copyright basics

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

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

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

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

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

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

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

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

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

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

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

Limitations and exceptions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

U.S. Copyright Office

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

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

STOPfakes.gov

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

Additional information about this page

• Practical Law

Assignment of copyright: formalities

Practical law uk articles 2-518-8005  (approx. 9 pages).

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