Copyright Assignment

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Copyright Assignment

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A Copyright Assignment is a document used when one person owns a copyright to any kind of work (such as a screenplay, novel, painting, or song) and wishes to transfer the ownership of that copyright to another person. Copyright Assignments are most often utilized in situations where the copyright is already registered with the United States Copyright Office, and it's best for both parties to have a memorialized record of the assignment. Often, Copyright Assignments are used when the rights to a work are being given away so that the party receiving the rights may use that work for any purpose they desire.

Copyright Assignments allow the easy transfer of the copyrighted works. They contain all the information needed to record the assignment with the United States Copyright Office , if so desired by either or both of the parties. Recordation with the U.S. Copyright Office isn't strictly necessary, however, though it is a good way to ensure everything flows smoothly with the assignment of the copyright.

How to use this document

This document can be used to transfer the ownership of an existing copyright or when an individual would like an existing copyright transferred to them, as long as the owner agrees. It should be used when both parties understand that the copyright will be completely assigned and wish to create a record of their agreement.

This document will allow the parties to fill in details of the work or works to be transferred, as well as ensure that everything needed for recordation with the U.S. Copyright Office is present. Either party - either the person assigning the copyright or the person receiving the copyright - can fill out this form. Please keep in mind that this form requires both signatures , as well as a notarization.

Applicable law

Copyright Assignments are related to the copyright law of the United States, which is covered by a federal statute called the Copyright Act of 1976.

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A guide to help you: Who Owns a Copyright?

Other names for the document:

Agreement to Assign Copyright, Agreement to Convey Copyright, Agreement to Transfer Copyright, Assignment of Copyright, Conveyance of Copyright

Country: United States

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transfer of copyright ownership form

transfer of copyright ownership form

Copyright assignment—How-to guide

Find out more about Copyrights

transfer of copyright ownership form

by   LegalZoom staff

Read more...

Updated on: February 13, 2024 · 11min read

1. Overview

  • 2. Do's & don’ts checklist

A company’s ability to buy and sell property is essential to its long-term life and vitality. Although it does not take up physical space, an excess of intellectual property can burden a company, directing limited funds towards maintaining registrations, defending against third-party claims, and creating and marketing a final product. Selling unused or surplus intellectual property can have an immediate positive effect on a company’s finances, generating revenue and decreasing costs. When it does come time to grow a business, companies looking to purchase property (including copyrights or software) to support their growth must be sure that the seller does, in fact, have title to the desired items. A properly drafted copyright assignment can help in both circumstances. 

A copyright assignment is the transfer of an owner’s property rights in a given creative work or works. Such transfers may occur on their own or as parts of larger asset sales or purchases. Copyright assignment agreements provide records of ownership and transfer and protect the rights of all parties. 

If you follow the enclosed sample and guidelines, you will have a written acknowledgment of the rights and responsibilities being transferred as part of your sale. This will provide essential documentation of ownership and liability obligations, and you will be well on your way to establishing a clear record of title for all of your copyrighted works. 

2. Do's & don’ts checklist

  • A copyright is a form of protection federal law provides to creators of “original works of authorship.” This includes literary, dramatic, musical, and artistic works, both published and unpublished. The author of a copyrighted work can prevent others from copying, performing, or using the work without its consent. You can transfer any or all of these rights as part of a copyright sale.
  • A copyright assignment is the transfer of copyright ownership rights from one party to another. This transfer is not valid unless it is in writing and signed by the owner or its authorized agent. If you want to transfer a right on a non-exclusive basis, a written agreement is usually not required. Note that in copyright law, an exclusive license essentially works as a transfer. The exclusive licensee can use the copyright, assign it to a third party, or sue a third party for infringement. A nonexclusive licensee has the first of these, but neither of the other two rights.
  • A copyright transfer is typically accomplished through a contract, like the written agreement form that follows. Although not technically required, assignments should also be recorded with the U.S. Copyright Office (USCO) to provide notice of the ownership change. No special forms are needed for recordation, although the USCO does encourage registrants to use a “Document Cover Sheet” to facilitate such recordings. If you decide to file a Document Cover Sheet, provide at least two (2) copies of this form with the assignment itself. 
  • Copyright ownership is different from ownership of physical copies of the work. The assignment does not transfer ownership of a physical item, even if there is a physical representation of the copyright. The author of a bestseller may hold a copyright in her book, but that doesn’t mean she owns every copy of the book that has ever been published. If you want to transfer a particular item that represents or includes the copyright, you must draft and sign a separate sales agreement for that property. 
  • The advantage of selling your copyright outright (and not simply licensing or attempting to develop and market it yourself) is that you are guaranteed payment at the price you and the purchaser have negotiated. On the other hand, that one-time payment is all you will ever receive for your intellectual property, and you will no longer have the right to control anyone else’s use of your creation. By selling it or licensing it through your own company, the potential for future income remains, although that income is by no means certain. Before selling all of your rights in copyright, ensure this is the best (and most lucrative) approach for you and your company. 
  • A copyright assignment does not have to be forever and does not need to be a complete assignment. You can grant a transfer for a specific period of time, in a specific area, or for a specific medium (e.g., allowing online use but not film use).
  • Both parties should review the assignment carefully to ensure that all relevant deal points have been included. It is better to be over-inclusive than under-inclusive. Do not assume that certain expectations or terms are agreed to if they are not stated expressly in the document.
  • Sign two copies of the assignment, one for you and one for the other party.
  • It’s a good idea to have your assignment notarized. This will limit later challenges to the validity of a party’s signature or of the transfer itself.
  • If your agreement is complicated, do not use the enclosed form. Contact an attorney to help you draft an assignment meeting your specific needs. 

3. Copyright assignment instructions

The following provision-by-provision instructions will help you understand the terms of your assignment. The numbers and letters below (e.g., Section 1, Section 2, etc.) correspond to the provisions in the agreement. Please review the entire document before starting your step-by-step process. 

  • Introduction of parties. Identifies the document as a copyright assignment. Write in the date on which the document is effective (usually the date that it is signed). Identify the parties and, if applicable, what type of organization(s) they are. Note that each party is given a name (e.g., “assignor”) that will be used throughout the agreement. The assignor is the party that is giving (“assigning”) its ownership interest, and the assignee is the party receiving it.
  • Recitals. The “whereas” clauses, referred to as recitals, define the world of the agreement and offer key background information about the parties. In this agreement, this section includes a simple statement of the intent to transfer rights in the works created.
  • Section 1: Assignment of works. The assignment and acceptance of the assignment of the copyright in the work. Note that the works being assigned are not listed in the agreement itself. The agreement references “Schedule 1” and explains that a full list of the created items is located on that schedule. Be as complete and clear as possible in your description of the property being transferred. 
  • Section 2: Consideration. In most agreements, each party is expected to do something. This obligation may be to perform a service, transfer ownership of property, or pay money. In this case, the assignee is giving money (sometimes called “consideration”) to receive the assignor’s property. Enter the amount to be paid, and indicate how long the assignee has to make that payment after the agreement is signed.
  • 3(a): it is the owner.
  • 3(b): the works are original.
  • 3(c): it has not sold or transferred the property to any third party.
  • 3(d): it has the authority to enter the agreement.
  • 3(e): it does not believe that the works have been taken from any third party without authorization (e.g., a knowing copy of a novel).
  • 3(f): it does not know of any permissions that have to be obtained in order for the assignment to be completed. In other words, once the agreement is signed, the assignment will be effective without anyone else’s input.
  • 3(g): the works weren’t created while the creator was employed by a third party. In many cases, if an individual is employed by a company and comes up with a product, the company will own that product. This section offers assurance to the assignee that there are no companies that will make that claim about the works being sold. If you and the other party want to include additional representations and warranties, you can do so here. 
  • 4(a): has the authority to enter the agreement.
  • 4(b) has enough funds to pay for the assignment.  If you and the other party want to include additional representations and warranties, you can do so here. 
  • Section 5: No early assignment. Prevents the assignee from re-transferring the work, or using it as collateral for loans, until it has made complete payment of the money due under the agreement.
  • Section 6: Documentation. The assignor promises to help with any paperwork needed to complete the assignment (e.g., filing information about the assignment with the U.S. Copyright Office and transferring document titles). The bracketed phrases make the additional promise that the assignor will help with transfer paperwork for filings outside of the country. If this is not relevant to your agreement, delete the bracketed phrases.
  • (a) Option 1: No further use of works. Indicates that after the effective date of the agreement, the assignor will stop using all of the works and will not challenge the assignee’s use of those works. Essentially, this option cuts off the assignor’s use of the transferred property completely—after the sale, it will have no ability to use those items for any purpose. The bracketed phrase at the end may be applicable to any works that have credited creators (e.g., novels, artwork, etc.). If this does not describe the work being sold in this agreement, you can delete this phrase.
  • (b) Option 2: Non-exclusive license to the assignor. This provision favors the assignor a bit more than the first. It states that the assignor will have the right to use the works and create derivative works from it, although it will not receive royalties for this use. This may be necessary, for example, if the works being sold are source codes for software. Although the copyright and the related rights to sell the product may rest in the assignee, the parties might think it reasonable for the assignor to continue to use the code it created.
  • Section 8: Successors and assigns. States that the parties’ rights and obligations will be passed on to successor organizations (if any), or organizations to which rights and obligations have been permissibly assigned.
  • Section 9: No implied waiver. Explains that even if one party allows the other to ignore or break an obligation under the agreement, it does not mean that the party waives any future rights to require the other to fulfill those (or any other) obligations.
  • Section 10: Notice. Lists the addresses to which all official or legal correspondence should be delivered. Write a mailing address for both the assignor and the assignee.
  • Section 11: Governing law. Allows the parties to choose the state laws that will be used to interpret the document. Note that this is not a venue provision. The included language will not impact where a potential claim can be brought. Write the applicable state law in the blank provided.
  • Section 12: Counterparts/electronic signatures. The title of this provision sounds complicated, but it is simple to explain: it says that even if the parties sign the agreement in different locations, or use electronic devices to transmit signatures (e.g., fax machines or computers), all of the separate pieces will be considered part of the same agreement. In a modern world where signing parties are often not in the same city—much less the same room - this provision ensures that business can be transacted efficiently without sacrificing the validity of the agreement as a whole.
  • Section 13: Severability. Protects the terms of the agreement as a whole, even if one part is later invalidated. For example, if a state law is passed prohibiting choice-of-law clauses, it will not undo the entire agreement. Instead, only the section dealing with the choice of law would be invalidated, leaving the remainder of the assignment enforceable.
  • Section 14: Entire agreement. The parties’ agreement that the document they’re signing is “the agreement” about the issues involved. Unfortunately, the inclusion of this provision will not prevent a party from arguing that other enforceable promises exist, but it will provide you some protection from these claims.
  • Section 15: Headings. Note that the headings at the beginning of each section are meant to organize the document and should not be considered operational parts of the note.
  • Schedule 1: List of works transferred. In order for a copyright assignment to be effective, the work being transferred must be clearly identified. Be thorough in your description and attach any registrations or samples you may have (if practicable). If you do include samples, reference the inclusion or transfer of those samples in the schedule (e.g., “* A copy of this document is attached”). If you do not include samples, provide a more complete description of the work. Consider attaching photographs for large-scale objects (e.g., sculptures or paintings).

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Record Copyright Transfers & Other Files

Any transfer of copyright ownership (e.g., assignment of rights) or other document pertaining to a copyright, including copyright licenses, may be recorded with the U.S. Copyright Office. Upon submission of the appropriate form(s) and fee(s), the Register of Copyrights will record the document and return it with a Certificate of Recordation. There are several benefits to recording copyright transfers with the Office. Recording the documents with the Copyright Office gives people constructive notice of the facts stated in the recorded document. It also helps to determine priority in the case there are conflicting transfers.

To continue to learn more about recording copyright transfers and other files,  join the alliance —it’s free.

Related Resources

Terminate copyright transfers, exclusive and non-exclusive licenses, copyright termination rights.

Copyright Transfer Agreement

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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 ownership form

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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Published By Stanford Copyright and Fair Use Center

Chapter 2. copyright ownership and transfer.

Copyright Ownership and Transfer

  • 201. Ownership of copyright
  • 202. Ownership of copyright as distinct from ownership of material object
  • 203. Termination of transfers and licenses granted by the author
  • 204. Execution of transfers of copyright ownership
  • 205. Recordation of transfers and other documents

§ 201. Ownership of copyright 1

(a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowner of copyright in the work.

(b) Works Made for Hire. — In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

(c) Contributions to Collective Works. — Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired 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.

(d) Transfer of Ownership. —

(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.

(2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title.

(e) Involuntary Transfer. — When an individual author’s ownership of a copyright, or of any of the exclusive rights under a copyright, has not previously been transferred voluntarily by that individual author, 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, except as provided under title 11. 2

§ 202. Ownership of copyright as distinct from ownership of material object

Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.

§ 203. Termination of transfers and licenses granted by the author 3

(a) Conditions for Termination. — In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:

(1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s interest.

(2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:

(A) The widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.

(B) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them.

(C) The rights of the author’s children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author’s children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them.

(D) In the event that the author’s widow or widower, children, and grandchildren are not living, the author’s executor, administrator, personal representative, or trustee shall own the author’s entire termination interest.

(3) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.

(4) The termination shall be effected by serving an advance notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or the grantee’s successor in title.

(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified by clause (3) of this subsection, and the notice shall be served not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect.

(B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.

(5) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.

(b) Effect of Termination. — Upon the effective date of termination, all rights under this title that were covered by the terminated grants revert to the author, authors, and other persons owning termination interests under clauses (1) and (2) of subsection (a), including those owners who did not join in signing the notice of termination under clause (4) of subsection (a), but with the following limitations:

(1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.

(2) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (4) of subsection (a). The rights vest in the author, authors, and other persons named in, and in the proportionate shares provided by, clauses (1) and (2) of subsection (a).

(3) Subject to the provisions of clause (4) of this subsection, a further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under clause (2) of this subsection, as are required to terminate the grant under clauses (1) and (2) of subsection (a). Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under clause (2) of this subsection, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him or her, that person’s legal representatives, legatees, or heirs at law represent him or her for purposes of this clause.

(4) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons provided by clause (3) of this subsection and the original grantee or such grantee’s successor in title, after the notice of termination has been served as provided by clause (4) of subsection (a).

(5) Termination of a grant under this section affects only those rights covered by the grants that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.

(6) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided by this title.

§ 204. Execution of transfers of copyright ownership

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.

(b) A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if —

(1) in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or

(2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer.

§ 205. Recordation of transfers and other documents 4

(a) Conditions for Recordation. — Any transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document.

(b) Certificate of Recordation. — The Register of Copyrights shall, upon receipt of a document as provided by subsection (a) and of the fee provided by section 708, record the document and return it with a certificate of recordation.

(c) Recordation as Constructive Notice. — Recordation of a document in the Copyright Office gives all persons constructive notice of the facts stated in the recorded document, but only if —

(1) 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 the title or registration number of the work; and

(2) registration has been made for the work.

(d) Priority between Conflicting Transfers. — As between two conflicting transfers, the one executed first prevails if it is recorded, in the manner required to give constructive notice under subsection (c), within one month after its execution in the United States or within two months after its execution outside the United States, or at any time before recordation in such manner of the later transfer. Otherwise the later transfer prevails if recorded first in such manner, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.

(e) Priority between Conflicting Transfer of Ownership and Nonexclusive License. — A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner’s duly authorized agent, and if

(1) the license was taken before execution of the transfer; or

(2) the license was taken in good faith before recordation of the transfer and without notice of it.

Chapter 2 Endnotes

1 In 1978, section 201(e) was amended by deleting the period at the end and adding “, except as provided under title 11.”

2 Title 11 of the United States Code is entitled “Bankruptcy.”

3 In 1998, the Sonny Bono Copyright Term Extension Act amended section 203 by deleting “by his widow or her widower and his or her grandchildren” from the first sentence in paragraph (2) of subsection (a) and by adding subparagraph (D) to paragraph (2). Pub. L. No. 105-298, 112 Stat. 2827, 2829.

4 The Berne Convention Implementation Act of 1988 amended section 205 by deleting subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. Pub. L. No. 100-568, 102 Stat. 2853, 2857.

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.

  • THIS IS AN ADVERISEMENT

Wolfe & Houlehan law firm in Lexington, Kentucky

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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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 Assignment

    1. Choose this template Start by clicking on "Fill out the template" 2. Complete the document Answer a few questions and your document is created automatically. 3. Save - Print Your document is ready! You will receive it in Word and PDF formats. You will be able to modify it. Copyright Assignment Last revision 11/02/2023 Formats Word and PDF

  3. Free Copyright Assignment Agreement

    There is no form or application that can be used to transfer a copyright. A copyright agreement is allowed to be accepted as a recordable transfer document. The agreement must be accompanied by Form DCS (cover sheet) and is recommended to include an Electronic Title List that speeds up the processing time and reduced fees.

  4. Copyright Ownership and Transfers FAQs

    A transfer of copyright ownership form is a document that establishes the legal transfer of rights from one person or company to another. Learn how to use it, when you need it, and what to do if you encounter any problems or issues with it. Find out the types of transfers, such as assignments, assignments with wills, and terminations, and how to locate them in copyright records.

  5. Copyright assignment—How-to guide

    A copyright assignment is the transfer of copyright ownership rights from one party to another. This transfer is not valid unless it is in writing and signed by the owner or its authorized agent. ... (USCO) to provide notice of the ownership change. No special forms are needed for recordation, although the USCO does encourage registrants to use ...

  6. Free Copyright Assignment Template & FAQs

    The terms in your document will update based on the information you provide.

  7. Transfer of Copyright

    This is a transfer of the entire copyright ownership to a new owner. The old owner does not retain any property rights to the copyright. Partial: This is a partial assignment of the copyright property rights to a new owner. It is typically for a limited time. Some copyright ownership is passed down to heirs through wills. How To Transfer a ...

  8. Transfer Copyright Ownership

    Learn how to transfer copyright ownership to another party by various instruments and methods, such as assignment, mortgage, license, bequest, or operation of law. Find out the advantages and disadvantages of each method and the legal implications of copyright transfers.

  9. 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.

  10. Record Copyright Transfers & Other Files

    Login or Join to Access Our Free Creator Membership. Join the Alliance; Login

  11. Copyright Transfer Agreement Template

    A Copyright Transfer Agreement legally transfers ownership of a copyright from one party to another. It outlines the conditions of the transfer, including responsibilities and rights being transferred, as well as payment terms. Responsibilities: Specifies who is responsible for maintaining the copyright.

  12. 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.

  13. Chapter 2. Copyright Ownership and Transfer

    § 204. Execution of transfers of copyright ownership (a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.

  14. 17 U.S. Code § 204

    Learn the legal requirements for a valid transfer of copyright ownership, other than by operation of law, in the United States and abroad. Find out how to prove the execution of a transfer with a certificate of acknowledgement or a signed instrument of conveyance.

  15. Copyright Assignment (Transfer Ownership of a Copyright)

    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 ...

  16. PDF Example of Copyright Transfer Agreement (CTA) do NOT [JOURNAL NAME] of

    In addition, the Author and each Co-Author hereby grants to the Owner, during the full term of copyright and any extensions or renewals, the exclusive, worldwide, irrevocable and fully transferable right to use and exploit the Contribution in any manner, including: the rights to reproduce, to distribute (for example in any book format or any dig...

  17. Transfer of Copyright Ownership

    The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law including issue of license. License may be issued to use full or a part of the copyrighted work. The ownership may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.