Published By Stanford Copyright and Fair Use Center

Copyright ownership and transfers faqs.

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

Ignore Heading – Content

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

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

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

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

What Is a Transfer of Title?

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

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

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

What Is a Termination of a Transfer?

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

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

What If More Than One Person Owns a Copyright?

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

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

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

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

When Must You Get Multiple Permissions?

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

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

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

What If a Work Does Not Contain a Copyright Notice?

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

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

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

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

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17 U.S. Code § 201 - Ownership of copyright

Initial Ownership. Two basic and well-established principles of copyright law are restated in section 201(a): that the source of copyright ownership is the author of the work, and that, in the case of a “joint work,” the coauthors of the work are likewise coowners of the copyright. Under the definition of section 101, a work is “joint” if the authors collaborated with each other, or if each of the authors prepared his or her contribution with the knowledge and intention that it would be merged with the contributions of other authors as “inseparable or interdependent parts of a unitary whole.” The touchstone here is the intention, at the time the writing is done, that the parts be absorbed or combined into an integrated unit, although the parts themselves may be either “inseparable” (as the case of a novel or painting) or “interdependent” (as in the case of a motion picture, opera, or the words and music of a song). The definition of “joint work” is to be contrasted with the definition of “collective work,” also in section 101, in which the elements of merger and unity are lacking; there the key elements are assemblage or gathering of “separate and independent works * * * into a collective whole.”

The definition of “joint works” has prompted some concern lest it be construed as converting the authors of previously written works, such as plays, novels, and music, into coauthors of a motion picture in which their work is incorporated. It is true that a motion picture would normally be a joint rather than a collective work with respect to those authors who actually work on the film, although their usual status as employees for hire would keep the question of coownership from coming up. On the other hand, although a novelist, playwright, or songwriter may write a work with the hope or expectation that it will be used in a motion picture, this is clearly a case of separate or independent authorship rather than one where the basic intention behind the writing of the work was for motion picture use. In this case, the motion picture is a derivative work within the definition of that term, and section 103 makes plain that copyright in a derivative work is independent of, and does not enlarge the scope of rights in, any preexisting material incorporated in it. There is thus no need to spell this conclusion out in the definition of “joint work.”

There is also no need for a specific statutory provision concerning the rights and duties of the coowners of a work; court-made law on this point is left undisturbed. Under the bill, as under the present law, coowners of a copyright would be treated generally as tenants in common, with each coowner having an independent right to use or license the use of a work, subject to a duty of accounting to the other coowners for any profits.

Works Made for Hire. Section 201(b) of the bill adopts one of the basic principles of the present law: that in the case of works made for hire the employer is considered the author of the work, and is regarded as the initial owner of copyright unless there has been an agreement otherwise. The subsection also requires that any agreement under which the employee is to own rights be in writing and signed by the parties.

The work-made-for-hire provisions of this bill represent a carefully balanced compromise, and as such they do not incorporate the amendments proposed by screenwriters and composers for motion pictures. Their proposal was for the recognition of something similar to the “shop right” doctrine of patent law: with some exceptions, the employer would acquire the right to use the employee’s work to the extent needed for purposes of his regular business, but the employee would retain all other rights as long as he or she refrained from the authorizing of competing uses. However, while this change might theoretically improve the bargaining position of screenwriters and others as a group, the practical benefits that individual authors would receive are highly conjectural. The presumption that initial ownership rights vest in the employer for hire is well established in American copyright law, and to exchange that for the uncertainties of the shop right doctrine would not only be of dubious value to employers and employees alike, but might also reopen a number of other issues.

The status of works prepared on special order or commission was a major issue in the development of the definition of “works made for hire” in section 101, which has undergone extensive revision during the legislative process. The basic problem is how to draw a statutory line between those works written on special order or commission that should be considered as “works made for hire,” and those that should not. The definition now provided by the bill represents a compromise which, in effect, spells out those specific categories of commissioned works that can be considered “works made for hire” under certain circumstances.

Of these, one of the most important categories is that of “instructional texts.” This term is given its own definition in the bill: “a literary, pictorial, or graphic work prepared for publication with the purpose of use in systematic instructional activities.” The concept is intended to include what might be loosely called “textbook material,” whether or not in book form or prepared in the form of text matter. The basic characteristic of “instructional texts” is the purpose of their preparation for “use in systematic instructional activities,” and they are to be distinguished from works prepared for use by a general readership.

Contributions to Collective Works. Subsection (c) of section 201 deals with the troublesome problem of ownership of copyright in contributions to collective works, and the relationship between copyright ownership in a contribution and in the collective work in which it appears. The first sentence establishes the basic principle that copyright in the individual contribution and copyright in the collective work as a whole are separate and distinct, and that the author of the contribution is, as in every other case, the first owner of copyright in it. Under the definitions in section 101, a “collective work” is a species of “compilation” and, by its nature, must involve the selection, assembly, and arrangement of “a number of contributions.” Examples of “collective works” would ordinarily include periodical issues, anthologies, symposia, and collections of the discrete writings of the same authors, but not cases, such as a composition consisting of words and music, a work published with illustrations or front matter, or three one-act plays, where relatively few separate elements have been brought together. Unlike the contents of other types of “compilations,” each of the contributions incorporated in a “collective work” must itself constitute a “separate and independent” work, therefore ruling out compilations of information or other uncopyrightable material and works published with editorial revisions or annotations. Moreover, as noted above, there is a basic distinction between a “joint work,” where the separate elements merge into a unified whole, and a “collective work,” where they remain unintegrated and disparate.

The bill does nothing to change the rights of the owner of copyright in a collective work under the present law. These exclusive rights extend to the elements of compilation and editing that went into the collective work as a whole, as well as the contributions that were written for hire by employees of the owner of the collective work, and those copyrighted contributions that have been transferred in writing to the owner by their authors. However, one of the most significant aims of the bill is to clarify and improve the present confused and frequently unfair legal situation with respect to rights in contributions.

The second sentence of section 201(c), in conjunction with the provisions of section 404 dealing with copyright notice, will preserve the author’s copyright in a contribution even if the contribution does not bear a separate notice in the author’s name, and without requiring any unqualified transfer of rights to the owner of the collective work. This is coupled with a presumption that, unless there has been an express transfer of more, the owner of the collective work acquires, “only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.”

The basic presumption of section 201(c) is fully consistent with present law and practice, and represents a fair balancing of equities. At the same time, the last clause of the subsection, under which the privilege of republishing the contribution under certain limited circumstances would be presumed, is an essential counterpart of the basic presumption. Under the language of this clause a publishing company could reprint a contribution from one issue in a later issue of its magazine, and could reprint an article from a 1980 edition of an encyclopedia in a 1990 revision of it; the publisher could not revise the contribution itself or include it in a new anthology or an entirely different magazine or other collective work.

Transfer of Ownership. The principle of unlimited alienability of copyright is stated in clause (1) of section 201(d). Under that provision the ownership of a copyright, or of any part of it, may be transferred by any means of conveyance or by operation of law, and is to be treated as personal property upon the death of the owner. The term “transfer of copyright ownership” is defined in section 101 to cover any “conveyance, alienation, or hypothecation,” including assignments, mortgages, and exclusive licenses, but not including nonexclusive licenses. Representatives of motion picture producers have argued that foreclosures of copyright mortgages should not be left to varying State laws, and that the statute should establish a Federal foreclosure system. However, the benefits of such a system would be of very limited application, and would not justify the complicated statutory and procedural requirements that would have to be established.

Clause (2) of subsection (d) contains the first explicit statutory recognition of the principle of divisibility of copyright in our law. This provision, which has long been sought by authors and their representatives, and which has attracted wide support from other groups, means that any of the exclusive rights that go to make up a copyright, including those enumerated in section 106 and any subdivision of them, can be transferred and owned separately. The definition of “transfer of copyright ownership” in section 101 makes clear that the principle of divisibility applies whether or not the transfer is “limited in time or place of effect,” and another definition in the same section provides that the term “copyright owner,” with respect to any one exclusive right, refers to the owner of that particular right. The last sentence of section 201(d)(2) adds that the owner, with respect to the particular exclusive right he or she owns, is entitled “to all of the protection and remedies accorded to the copyright owner by this title.” It is thus clear, for example, that a local broadcasting station holding an exclusive license to transmit a particular work within a particular geographic area and for a particular period of time, could sue, in its own name as copyright owner, someone who infringed that particular exclusive right.

Subsection (e) provides that when an individual author’s ownership of a copyright, or of any of the exclusive rights under a copyright, have not previously been voluntarily transferred, no action by any governmental body or other official or organization purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effect under this title.

The purpose of this subsection is to reaffirm the basic principle that the United States copyright of an individual author shall be secured to that author, and cannot be taken away by any involuntary transfer. It is the intent of the subsection that the author be entitled, despite any purported expropriation or involuntary transfer, to continue exercising all rights under the United States statute, and that the governmental body or organization may not enforce or exercise any rights under this title in that situation.

It may sometimes be difficult to ascertain whether a transfer of copyright is voluntary or is coerced by covert pressure. But subsection (e) would protect foreign authors against laws and decrees purporting to divest them of their rights under the United States copyright statute, and would protect authors within the foreign country who choose to resist such covert pressures.

Traditional legal actions that may involve transfer of ownership, such as bankruptcy proceedings and mortgage foreclosures, are not within the scope of this subsection; the authors in such cases have voluntarily consented to these legal processes by their overt actions—for example, by filing in bankruptcy or by hypothecating a copyright.

1978—Subsec. (e). Pub. L. 95–598 inserted “, except as provided under title 11”.

Amendment effective Oct. 1, 1979 , see section 402(a) of Pub. L. 95–598 set out as an Effective Date note preceding section 101 of Title 11 , Bankruptcy.

transfer of copyright meaning

Understanding an assignment of copyright agreement

Did you know you can assign, or transfer, your copyright to someone? Find out what information to include in your agreement and how you can make sure your interests are protected.

Find out more about business management

transfer of copyright meaning

by   Ronna L. DeLoe, Esq.

Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...

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Updated on: January 22, 2024 · 3min read

Assignment of copyright

Copyright assignment contract, protecting the creator of the intellectual property, works for hire and copyright.

When you create intellectual property such as a book, poem, song, photograph, or painting, copyright laws give you the right to claim ownership of your creative work. Registering your copyright with the U.S. Copyright Office allows others to find out who owns the rights to your creation. As a copyright owner, you can also transfer, or assign, your copyright, as long as you follow the correct procedure.

Woman with short brown hair in art studio leans across desk with art supplies and camera on it to type on laptop

Copyright assignment permits a third party, known as the assignee, to take ownership of the copyright from the owner, or assignor. The assignment must be done in writing to be valid. Although notarization isn't required, it's a good idea to have someone witness the assignor and assignee signing and dating the agreement. Transfer of ownership usually involves monetary exchange, although that's not a requirement.

Registering a copyright with the U.S. Copyright Office isn't a requirement for valid ownership, even in cases of copyright assignment. However, registering provides a way for third parties to discern who owns the copyright. Because you don't have to file the transfer, a short-form assignment contract is sufficient for filing. This document usually contains only limited details of the work you're assigning, including the copyright number (if applicable), the signatures of both parties, the signature of a witness if desired, and the date of the assignment.

Just like in any other contract, a copyright assignment should contain certain information , such as the amount of consideration, or money, being exchanged. When assigning your copyright, the other party should provide some amount of consideration. Contracts usually include the language “for other good and valuable consideration," and courts have held that even one dollar is acceptable. As long as each party to the contract is getting something in return and the contract is not made under duress or pressure, the contract is valid.

Likewise, as the owner of the copyright, you have the right to assign all or part of it. If you assign your entire copyright to the other party, you are giving up all of your rights to your own copyright. In the case of a book, for example, assigning only part of your copyright could mean:

  • Assigning it to one party for use as a movie and to another for use as a television show
  • Assigning one party the original version and another party a translated version
  • Assigning rights to different types of books, such as an audiobook, a traditional print book, and an e-book
  • A partial assignment for a limited duration, if you specify such in your agreement

Copyright laws protect you in case your work of intellectual property becomes famous or is worth money later on. While you can't get your copyright back for many years after your assignment unless the new owner consents otherwise, current copyright law allows you to terminate your copyright assignment after 35 years.

For example, songwriters who assigned their copyright to what are now legendary songs from the 1960s or 1970s can now recover the copyright to their songs, many of which have increased in value due to their use in commercials and television shows. The writer of "YMCA," a member of the Village People, successfully recovered his copyright by invoking his termination rights after the 35-year period.

If you're a freelancer who creates a work such as a poetry collection, you own the copyright of the poetry book and can assign the copyright, if you wish. If, however, you're employed by someone to write poems, either as an employee or as an independent contractor under their direction, your creation is sometimes called a work for hire .

Creation of intellectual property under a work-for-hire contract means that you don't own the copyright. Instead, whoever hired you owns it, and unless that person gives you permission to purchase or own the copyright, you cannot transfer it to anyone else.

The more control a client has over how and when you're creating the intellectual property, the more likely you're regarded as an employee rather than an independent contractor. An employer-employee relationship generally assures that the employer owns the copyright. If, on the other hand, you're an independent contractor and have more creative control over your project than an employee would have, then you're the copyright owner.

Because intellectual property is an extremely specialized area of the law, it's recommended that you use a copyright attorney or similar intellectual property specialist to assist in any assignments. You can start protecting your creative interests by registering your copyright .

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Copyright Transfer Agreement

Jump to section.

A copyright transfer agreement is a formal agreement widely used to protect a workpiece's originality and retain ownership of one party (producer) from another. It is an example of an assignment agreement , and the contract is legally supported and ensures a transfer between the author of a work and another party, who can be a publisher, producer, or distributor. It is an invaluable legal tool for sharing and disseminating creative and original pieces. This agreement mentions the parameters under which the owner transfers their rights to the other party. Let's look at this comprehensive blog on copyright transfer agreements.

Essential Elements of a Copyright Transfer Agreement

The copyright transfer agreement contains several key elements, including:

  • Facilitating Ownership Transfer: A copyright agreement allows an official transfer of ownership of the work from the owner to other parties. Therefore, this is its key element.
  • Defining Purview and Duration: The agreement mentions the purview of the transferred rights, such as constraints related to locations or restrictions on specific formats. In addition, it clarifies if the copyright transfer is provisional or permanent.
  • Ensuring Royalties and Compensation: Copyright agreements normally address the issue of monetary compensation. In exchange for transferring their rights, the agreement may mention royalties, advances, or other forms of compensation for the owner.
  • Including Termination Clauses : Copyright agreements usually contain termination clauses that define the conditions under which the agreement can end, or rights can revert to the owner.

Steps to Obtain a Copyright Transfer Agreement

Obtaining a copyright agreement follows certain steps. These steps are:

  • Create the Work. For copyright protection, the first step entails creating an original piece of work that needs protection. It may include literary, artistic, instrumental, and other works of creativity. The labor must be documented in a tangible format.
  • Protect Copyright Automatically. In most cases, in the U.S., a copyright is automatically applied when the original workpiece has been created. However, registering the copyright with the U.S. Copyright Office is recommended for enforcing the rights and acquiring extra-legal benefits.
  • Register the Copyright. Although registering your copyright with the U.S. Copyright Office is not mandatory, it is strongly recommended. It provides strong legal protection and creates a public record of your copyright ownership. For this, it is mandated to apply with a copy of the said work and the applicable fee to the Copyright Office to get registered.
  • Draft a Copyright Agreement. A copyright agreement involves transferring or licensing a copyrighted piece to a third party. This contract should openly lay out the transferred rights, the terms of compensation, the duration, and any other pertinent provisions. It is recommended to acquire legal counsel or use templates provided by legal professionals to ensure the validity and completeness of the agreement.
  • Execute and Document the Agreement. After drafting the copyright agreement, both parties must review and sign the document. It is imperative to keep copies of the signed contract to keep the records. The agreement plays the role of evidence of the copyright transfer and aids in overcoming future disputes.

transfer of copyright meaning

Types of Copyright Transfer Agreements

Copyright agreements are of several types. Depending upon the work that needs copyright protection, these types extend to the following common categories:

  • Transferring Copyright: This agreement involves a full transfer of ownership from the owner to the respective third party. With this transfer, the recipient of the copyright gains the right to use the work while the owner gives up those rights.
  • Exclusive License Agreement : In an exclusive license agreement, the copyright owner grants a specific party the exclusive right to use the protected work. No other party may exercise these rights without the licensee's permission.
  • Non-Exclusive License: The nature of this agreement is non-exclusive. It means the copyright holder can simultaneously grant access to the work to multiple parties. Similarly, the owner can sell the copyright to more than just one exclusive party.
  • Work-for-Hire Agreement: This agreement exists when the owner has produced work during unemployment or under some other contract. Instead of the owner, the employer or contracting party becomes the legal owner of the copyright in this agreement.
  • Joint Copyright Agreement: A joint copyright agreement can be formed when two or more people collaborate on creating a work. This agreement establishes a shared copyright proprietorship, with each co-creator having an equal share of the associated rights and responsibilities.

Benefits of Copyright Transfer Agreements

A copyright agreement serves the owner as well as the holder some benefits. These benefits cover the protection of rights to conflict resolution. The importance of these agreements are:

  • Safeguarding Ownership: It helps protect the exclusive rights of the owner, such as re-generating, distribution, public display, and adaptation, thereby preventing illegal use and infringement .
  • Validating Authorship: By engaging in a copyright contract, owners can establish and document their ownership of the protected work. It facilitates the formation of a legal record of ownership and provides evidence in cases of conflict.
  • Authorizing Usage and Monetization: These agreements define the license terms, such as duration, territory, and financial considerations, enabling owners to commercialize their works while retaining ownership of their intellectual property .
  • Securing Payment and Remuneration: Copyright agreements frequently include provisions regarding monetary compensation, ensuring that owners are compensated equitably for using their copyrighted works. These contracts mention the royalty rates, payment terms, and mechanisms for collecting royalties, allowing owners to monetize their works and receive the required compensation.
  • Addressing Conflicts and Disagreements: A copyright agreement proves useful in cases of conflict. It establishes clear terms and conditions , facilitating dispute resolution and enforcing rights through legal channels. A copyright agreement can strengthen the owner's position when defending their intellectual property rights .

Key Terms for Copyright Transfer Agreements

  • Legally Binding: In a copyright agreement, "legally binding" means that legal laws and regulations bind the whole contract.
  • Termination Clause: The termination clause mentions the conditions under which a copyright agreement may end, and the rights reverted.
  • Moral Right: Moral rights in a copyright agreement refer to the author's right to be credited and the protection of their work's integrity.
  • Royalty: A royalty is the payment or recompenses a copyright holder receives for the authorized use of their copyrighted work.
  • Commercialization: Commercialization refers to the potential of owners to license and generate revenue from their copyrighted works.

Final Thoughts on Copyright Transfer Agreements

Copyright agreements are indispensable for owners and users of copyrighted works. These agreements provide a legal set-up for protecting and managing intellectual property by outlining the terms of ownership transfer, the scope of rights, compensation, and other factors. Understanding copyright agreements is important for nurturing a fair and collaborative creative ecosystem while protecting the rights of all parties involved, regardless if the person is an owner of the work or a party seeking to use the copyrighted material.

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Throughout his career, Mr. Mettler gained significant experience negotiating and documenting large-scale international transactions, managing legal and regulatory compliance, and collaborating with legal teams to ensure business activities aligned with contract terms, commercial objectives, relevant laws, and government regulations. This experience exposed him to the intersection of business and law, and he became increasingly interested in the law and its workings. As a result, after spending over 20 years in the technology industry as a successful executive, Mr. Mettler decided to transition into the legal industry to expand his skill set and pursue his passion for law. Mr. Mettler believes that his strong business acumen, attention to detail, and ability to simplify complex projects and issues into manageable components and easy-to-read terminology, is a valuable assets in the legal industry. * 20+ years sales and account executive for technology companies, focusing on international enterprise transactions, with deep experience in sales, international expansion, negotiating SaaS agreements, and account management. * Extensive experience working closely with legal teams to negotiate and draft complex large-scale international enterprise contracts, including SaaS agreements, with a keen focus on commercial, legal, and regulatory compliance across multiple jurisdictions. * Proficient in identifying legal risks and opportunities in business transactions and developing strategies to mitigate risks (and work contract language around such risk) while maximizing value for the company and its customers.

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Digital Media Law Project

Digital Media Law Project

Legal resources for digital media, search form, creating a written contract to transfer or license rights under copyright.

Transfers and Exclusive Licenses

A transfer or exclusive license of any or all rights under copyright must be in writing and signed by the owner of the rights conveyed (or the owner's duly authorized agent). The writing should describe the nature of the rights conveyed. As a copyright owner, you should specifically carve out any rights that you wish to retain in the work, especially with regard to exploitation of the work in new media or technological formats developed in the future. 17 U.S.C. Sec. 204(a) .

The U.S. Copyright Office does not have any special forms for the contract through which you transfer right(s). Copyright law provides for the recordation of transfers of copyright ownership in the Copyright Office. Although recordation is not required to make a valid transfer between the parties, it provides certain legal advantages, and may be required to validate the transfer as against third parties. For more information on recordation of transfers and other documents related to copyright, see the Copyright Office's Circular 12: Recordation of Transfers and Other Documents .

Writing is not required for a non-exclusive license, because by defining a "transfer of copyright ownership" to exclude non-exclusive licenses, 17 U.S.C. Sec. 101 relieves non-exclusive license from the operation of U.S.C. Sec. 204(a) . The grant of a non-exclusive license can be oral or inferred from conduct.

No writing is required for transfers of copyright "by operation of law." 17 U.S.C. Sec. 204(a) . The Act does not specify what is meant by "by operation of law", but in general a copyright is conveyed "by operation of law":

  • when it is bequeathed by will;
  • when it passes as personal property by the applicable laws of intestate succession; or
  • by court order in bankruptcy proceedings.

Copyright is a personal property right, and it is subject to the various state laws and regulations that govern the ownership, inheritance, or transfer of personal property, as well as terms of contracts or conduct of business. For information about relevant state laws, consult an attorney.

Non-exclusive Licenses

Non-exclusive licenses do not require a writing in order to be valid, and the existence of a licensing arrangement can even be implied from conduct (an "implied license"). Your conduct may give rise to an implied license when it indicates that you intend to extend a license to those using your work, but you never agree to specific terms for the license. The user of your work acquires some right to use it, but only to the extent that you would have agreed to, had you negotiated an agreement.

Generally, the custom and practice of the relevant community or industry determine the scope of an implied license. For example, if you send a letter to a newspaper editor entitled "Dear Editor," under customary practice, the editor of the newspaper has an implied license to publish your letter in the newspaper. For more information about and examples of implied licenses in the Internet context, see Cyberspace Law for Non-Lawyers, Lesson 7 - Copyright 6 .

Implied licenses may be important in situations where you hire a freelancer to create a work for you. Imagine, for example, that you hire a website designer to design your website. Neither of you knows much about copyright law, and you fail to agree (even orally) about who owns copyright to the designer's work. You would not own the copyright as a work made for hire because there is no written agreement (please see the Work Made for Hire section of the guide), but a court might still rule that you have an implied license to exploit the work for those uses reasonably within the contemplation of the designer at the time you both entered into the freelance arrangement (probably the right to reproduce and display the website, perhaps the right to create adaptations). Note that in this example, the web designer is the creator (and thus the owner) of the copyrighted work, and you are the person taking advantage of the implied license.

For another example, imagine that you prepare a weekly email newsletter that highlights your best postings for the week. This newsletter contains your copyrighted work (text, images, maybe video). If you email this to your subscribers, a court might find that you have granted them an implied license to share the newsletter with friends and colleagues through email forwarding.

As a general matter, it is a good idea to reduce a non-exclusive license arrangement to writing, just like an exclusive license or transfer. It helps you better protect your rights to the work, and allows you to structure your arrangement with licensees with greater clarity and precision. On the other hand, you might not want to bother users with a written license notice in the case like that of the email newsletter, so long as your subscribers' foreseeable uses don't particularly bother you.

In general contract law, the parties to a contract each have to give the other "consideration" in order to make the contract legally binding. "Consideration" is something that each party to a contract gives to the other party in exchange for that other party's promise or performance of the contract.

Transfers of rights under copyright, including exclusive licenses, do not require consideration in order to be valid. Therefore, while it is common for the transferee (the party obtaining the right or rights under copyright) to pay the copyright owner for the grant of rights, payment or other benefit is not required.

Nonexclusive licenses also do not require consideration in order to be valid. However, nonexclusive licenses are revocable (meaning the copyright owner can revoke the license at any time) in the absence of consideration. This means that, whether or not you set a fixed time limit for the duration of the non-exclusive license in the licensing agreement, you (as the copyright owner) can revoke the license at any point if you do not receive consideration for it. Conversely, if you (as the copyright owner) receive consideration in return for the grant of the license, then you cannot revoke the license unless you provide for revocation in the license agreement.

Note, however, that consideration for the grant of a license does not have to be something valuable, and it certainly does not have to be equivalent to the market value of the grant. Consideration is mostly a symbolic gesture. If the licensee gives up anything in exchange for the grant of the license, then that likely would qualify as consideration.

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What Is Copyright?

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Natalya Yashina is a CPA, DASM with over 12 years of experience in accounting including public accounting, financial reporting, and accounting policies.

transfer of copyright meaning

Yarilet Perez is an experienced multimedia journalist and fact-checker with a Master of Science in Journalism. She has worked in multiple cities covering breaking news, politics, education, and more. Her expertise is in personal finance and investing, and real estate.

transfer of copyright meaning

Investopedia / Joules Garcia

Copyright refers to the legal right of the owner of intellectual property . In simpler terms, copyright is the right to copy. This means that the original creators of products and anyone they give authorization to are the only ones with the exclusive right to reproduce the work.

Copyright law gives creators of original material the exclusive right to further use and duplicate that material for a given amount of time. Once a copyright expires, the copyrighted item becomes public domain.

Key Takeaways

  • Copyright law protects creators of original material from unauthorized duplication or use.
  • For an original work to be protected by copyright laws, it has to be in tangible form.
  • In the U.S., the work of creators usually is protected by copyright laws until 70 years after their death.
  • Other forms of protection for property that cannot be copyrighted include trademarks and patents.

How Copyrighting Works

When someone creates a product that is viewed as original and that required significant mental activity to create, this product becomes an intellectual property that must be protected from unauthorized duplication. Examples of unique creations include:

  • Musical lyrics and compositions
  • Computer software
  • Graphic designs,
  • Original architectural designs
  • Website content

One safeguard that can be used to legally protect an original creation is copyright. Under copyright law, a work is considered original if the author created it from independent thinking void of duplication. This type of work is known as an Original Work of Authorship (OWA).

Anyone with an original work of authorship automatically has the copyright to that work, preventing anyone else from using or replicating it. The copyright can be registered voluntarily by the original owner if they would like to get an upper hand in the legal system in the event that the need arises.

The copyright to your original work belongs to you even if you don't register it with the government. However, you will need a registered copyright if you are bringing legal action for infringement.

Not all types of work can be copyrighted. A copyright does not protect ideas, discoveries, concepts, or theories. Brand names , logos, slogans, domain names, and titles also cannot be protected under copyright law. For an original work to be copyrighted, it has to be in tangible form. This means that any speech, discoveries, musical scores, or ideas have to be written down in physical form in order to be protected by copyright.

In the U.S., original owners are protected by copyright laws all of their lives until 70 years after their death. If the original author of the copyrighted material is a corporation, the copyright protection period is 95 years from the date of publication or 120 years, whichever expires first.

U.S. copyright law has experienced a number of amendments and changes that have altered the duration of copyright protection. The "life of the author plus 70 years" protection can be attributed to the 1998 Copyright Term Extension Act, (also known as the Mickey Mouse Protection Act or Sonny Bono Act), which generally increased copyright protections by 20 years.

Copyright protection varies from country to country, and can stand for 50 to 100 years after the individual’s death, depending on the country.

While copyright law is not all-encompassing, other laws, such as patent and trademark laws, may impose additional sanctions. Although copyrights, trademarks, and patents are frequently used interchangeably, they offer different forms of protection for intellectual property.

Trademark laws protect material that is used to distinguish an individual’s or corporation’s work from another entity. These materials include words, phrases, or symbols—such as logos, slogans, and brand names—which copyright laws do not cover. Patents cover inventions for a limited period of time. Patented materials include products such as industrial processes, machines, and chemical positions.

What Is the Difference Between Copyright and Trademark?

A copyright protects a creator's original work from being used or duplicated without their permission. A trademark protects the reputation of a business that is associated with identifying material such as their logo or slogan. Both are ways or protecting intellectual property.

Do I Need to Register a Copyright for My Website?

Copyright exists as a right from the moment of creation. You do not need to register your original work, such as content on your website, in order for it to be your intellectual property. However, registering a copyright provides more legal protection. If you plan to bring a lawsuit against someone for infringing on your work, you will need to have a registered copyright.

How Much Does It Cost to Register a U.S. Copyright?

The cost of registering a copyright varies depending on what you are copyrighting and whether you are filing online or by paper. In the United States, the cost of copyright registration ranges from $45 to $500.

Copyright law is designed to protect the creators of original material. Their copyrighted work cannot be used or duplicated without their permission. In the United States, copyright usually lasts for 70 years after the creator's death.

For work to be protected under copyright law, it must be tangible as well as original. Other forms of legal protection for intellectual property also exist, such as trademarks and patents.

U.S. Copyright Office. " Copyright Authorship: What Can Be Registered ."

U.S. Copyright Office. " What Does Copyright Protect? "

U.S. Copyright Office. " How Long Does Copyright Protection Last? "

U.S. Copyright Office. " Duration of Copyright ," Page 1.

Yeshiva University, Cardozo Law School. " Disney's Influence on U.S. Copyright Law ."

U.S. Congress. " S.505 - Sonny Bono Copyright Term Extension Act ."

U.S. Copyright Office. " Duration of Copyright ."

United States Patent and Trademark Office (USPTO). " Trademark, Patent, or Copyright ."

U.S. Copyright Office. " Copyright in General ."

U.S. Copyright Office. " Fees ."

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Exclusive and Non-Exclusive Licenses

The exclusive rights of a copyright owner may be licensed on an exclusive or nonexclusive basis. A copyright exclusive license is one in which ownership in one or more rights is transferred by the copyright owner. A copyright nonexclusive license occurs when the owner retains ownership of the copyright and/or may license the same right to others.

There are several differences between exclusive and nonexclusive licenses pertaining to licensees ability to sue and their written requirements.

Ability to Sue

An exclusive licensee of one or more of the exclusive right is considered to be the owner of those rights. As the owner, the exclusive licensee can sue for infringement of those rights. On the other hand, a nonexclusive licensee is not considered to be a copyright owner and thus cannot sue for any infringement of the copyright in the work by others.

Writing Requirement

Exclusive licenses must be in writing, but nonexclusive licenses do not have to be in writing.

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></center></p><h2>Copyright Transfer</h2><ul><li>Setindiabiz Team</li><li>April 24, 2023</li></ul><p><center><img style=

What are the Ways of Initiating Copyright Transfer in India?

1. copyright licensing, types of copyright licenses.

  • Voluntary license: A license signed voluntarily by two parties, the licensor and the licensee is a Voluntary License. It should contain the following details.
  • Rights licensed and nature of the work.
  • Geographical extent of the license.
  • Terms and conditions relating to the termination, revision, and extension of the license.
  • Total amount of royalty to be paid in exchange of the license
  • Compulsory License: A compulsory license is granted by the copyright board to third parties without the permission of the Copyright Owner. This is usually done when the owner refuses to make the work available in the public domain. Specific circumstances may include:
  • If a copyright owner has already published his work once, and is refusing to republish it in order to make it available in the public domain.
  • If a copyright owner has refused the communication of a work in the public domain by broadcast.

2. Copyright Assignment

  • The terms and conditions regarding the revision and termination of the assignment should be explicit.
  • The total amount of royalty paid for the assignment should be mentioned.
  • The assignment agreement should be in writing duly executed by the copyright owner (Assignor).
  • The copyrighted work and the rights assigned should be mentioned clearly.
  • If the term of assignment is not mentioned, then the term shall be taken as 5 years from the date of assignment by default. If the geographical limit is not stated, then it is assumed to the extent within India.

3. Copyright Transmission

4. copyright relinquishment, q1: what is the difference between copyright licensing and copyright assignment, q2: can copyright transfer be partial, or does it have to be complete, q3: are there any legal requirements or formalities for copyright transfer, q4: what are the essential elements to be included in a copyright assignment agreement, q5: can copyright transfer be revoked or reversed after it has been executed, related articles:.

  • Types of Copyright Licenses in India
  • Enforcement of Copyright
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  1. What is Copyright Transfer?

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  2. Transfer Copyright Ownership

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  3. Copyright 101: What do You Need to Know?

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  4. Copyright Terms You Need To Know

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  5. Copyright Transfer and Granting Exclusive Rights

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  6. Copyright Transfer

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  1. Understanding "Transfer Trailer": A Comprehensive Guide

  2. COPYRIGHT CLAIM easy to solve!!!

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  6. How to check our Copyright claim

COMMENTS

  1. Assignment/Transfer of Copyright Ownership

    Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another. See Circular 1, Copyright Basics, section " Transfer of Copyright ," for a discussion of ownership. Do you have any forms for transfer of copyrights? There are no forms provided by the Copyright Office to effect a copyright transfer.

  2. Copyright transfer agreement

    A copyright transfer agreement or copyright assignment agreement is an agreement that transfers the copyright for a work from the copyright owner to another party.

  3. Published By Stanford Copyright and Fair Use Center

    A person or company can have ownership (title) of a copyright transferred to it by means of an assignment (a sale in which all or part of a copyright is transferred) or through a will or bankruptcy proceedings.

  4. Transfer Copyright Ownership

    to Numerous Persons: Copyright ownership may be transferred to one or more persons. in Whole or in Part: The whole copyright in a work can be transferred in its entirety or the exclusive rights can be split up and transferred separately.

  5. 17 U.S. Code § 201

    The definition of "transfer of copyright ownership" in section 101 makes clear that the principle of divisibility applies whether or not the transfer is "limited in time or place of effect," and another definition in the same section provides that the term "copyright owner," with respect to any one exclusive right, refers to the ...

  6. Definitions (FAQ)

    According to the statute, "Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

  7. Transfer of Copyright

    U.S. Supreme Court D.C. Circuit United States Code (USC) Code of Federal Regulations (CFR) View All State and Federal Codes As a business owner, you worked hard to create original work and content. You policed copyright infringements and grew your brand. Maybe you even grew your initial creative work by creating spinoffs like derivative works.

  8. Copyright Licenses and Transfers

    You can do this by transferring to the person or entity that wants to use your work any or all of your rights as a copyright owner, or any subdivision of those rights. Alternatively, you can license any or all of those rights (or any subdivision of them) to that person or entity.

  9. transfer of copyright ownership Definition, Meaning & Usage

    transfer of copyright ownership. A formal action that moves full or partial copyright control from one party to another, excluding nonexclusive licenses. The author decided to arrange a transfer of copyright ownership to a well-known publishing company. After the transfer of copyright ownership, the film studio had exclusive rights to adapt the ...

  10. PDF Chapter 2 Copyright Ownership and Transfer

    (1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

  11. Understanding the Difference Between a Transfer and a License

    A transfer of copyright is a conveyance of ownership, much like the sale of personal property. When you transfer your entire interest in a copyrighted work, or one or more of your exclusive rights under copyright, you give up all claim to the right (s) you convey (except as explained in the Termination of a Transfer or a License section).

  12. Who Owns and Holds the Rights to a Copyright

    A copyright can be mortgaged or used as security for an obligation. This is somewhat rare for most copyright owners. Transfer upon death. In this situation, if an owner of a copyright dies, the copyright becomes an asset of their estate, to be inherited like any other property. Involuntary transfer.

  13. Understanding an assignment of copyright agreement

    As a copyright owner, you can also transfer, or assign, your copyright, as long as you follow the correct procedure. ... assigning only part of your copyright could mean: Assigning it to one party for use as a movie and to another for use as a television show; Assigning one party the original version and another party a translated version;

  14. Copyright Transfer Agreement: All You Need to Know

    A copyright transfer agreement is a formal agreement widely used to protect a workpiece's originality and retain ownership of one party (producer) from another.

  15. Creating a Written Contract to Transfer or License Rights Under Copyright

    A transfer or exclusive license of any or all rights under copyright must be in writing and signed by the owner of the rights conveyed (or the owner's duly authorized agent). The writing should describe the nature of the rights conveyed.

  16. Copyright Definition, Types, and How It Works

    Copyright refers to the legal right of the owner of intellectual property. In simpler terms, copyright is the right to copy. This means that the original creators of products and anyone they...

  17. Exclusive vs Non-Exclusive Licenses

    The exclusive rights of a copyright owner may be licensed on an exclusive or nonexclusive basis. A copyright exclusive license is one in which ownership in one or more rights is transferred by the copyright owner. A copyright nonexclusive license occurs when the owner retains ownership of the copyright and/or may license the same right to others.

  18. What is Copyright Transfer?

    Meaning of Copyright Transfer. A Copyright Transfer is the transfer of property rights of an owner in a given creative work. Such transfers of Copyright may occur on ...

  19. Recordation Overview

    Under the Copyright Act, the U.S. Copyright Office accepts certain types of documents for filing and indexing into the Office's public records. There are three primary types of documents that may be submitted for recordation: transfers of copyright ownership, other documents pertaining to a copyright, and notices of termination.

  20. Copyright Transfer

    Copyright transfer refers to the process by which the owner of a copyright, typically the creator of a creative work, transfers their exclusive rights to another individual or entity while the copyright is still in its validity period.

  21. What is Copyright?

    Distribute copies or phonorecords of the work to the public by sale or other transfer of ownership or by rental, lease, or lending. Perform the work publicly if it is a literary, musical, dramatic, or choreographic work; a pantomime; or a motion picture or other audiovisual work.