WHAT IS AN ASSIGNMENT OF RIGHTS IN COPYRIGHT?

An Assignment of Copyright is one of the two means used to transfer copyrights. The other means is accomplished by a license. A good analogy of the assignment of a copyright is the sale of personal property: a necklace or a car. Once the seller transfers title and possession to the buyer he or she no longer has ownership of the property. Assignment differs from license because in-licenses the owner still retains ownership but grants others the right to use all or part of the product or service.

Assignments of Copyrights must be in writing and can be exclusive or non-exclusive.

A very important fact to remember is that all copyrights are provided with a right to terminate transfers by the Copyright Act. What this means is that the original copyright owner or his or her heirs are given 5 years to terminate any assignments, licenses etc. The actual time frame is contingent upon when the transfer or license was first accomplished. For all assignments after 1978; the time frame is 35 years and for those prior to 1978 the time period is 56 years. This right to terminate transfers is irrevocable and cannot be subject to negotiation. The exceptions to this requirement are derivative works and works for hire.

WHEN DO YOU NEED AN ASSIGNMENT OF RIGHTS IN COPYRIGHT?

An assignment of rights in copyright would be needed if one wanted to either buy or sell the rights to works that already have ben copyrighted. The assignment will totally transfer ownership for a long period of time. If either party is interested in retaining ownership, then a license agreement rather than an assignment should be employed.

WHAT IS INCLUDED IN AN ASSIGNMENT OF RIGHTS IN COPYRIGHT?

An Assignment of Rights in copyright should include the following:

• The names and information of the parties: assignee and assignor.

• The effective date of the assignment.

• A statement of the compensation to be paid.

• A statement as to the works to be assigned.

• An explanation of warranties and representations.

• A comprehensive statement prohibiting the early transfer of the copyright and preventing it from being used as collateral for loans notes etc.

• A No Further Use or Non-Exclusive clause.

• Statement of successors and assigns.

• A Statement of No Implied Waiver.

• A statement as to the governing law for this assignment.