Copyright Assignment

What is a copyright assignment?

A holder of a copyright may transfer all or a portion of their rights in the original work to a third-party. There are various exclusive rights that copyright owners have, which include, but are not limited to: the rights to reproduce the work in copies or phonorecords; prepare derivative works, distribute phonorecords, and the rights to publicly display and perform the original work. Further, it is almost always required to be in writing between the parties. 

When does an assignment need to be in writing?

While it is always advisable to have any transfers of rights in writing, there are certain copyright assignments that may be enforced if only oral. Any transfer of an exclusive right is required to be in writing signed by the parties. An example of an exclusive transfer would be an assignment of the right to distribute and sell a book between an author and publishing company. 

The assignment or transfer of a non-exclusive right may not be required to be in writing. This would include an author that assigns the right to a develop their book into a movie, which would be considered the right to create derivative works. This agreement may not need to be in writing, but to reiterate, any assignment of copyright rights should be in writing. 

Do I need to file the assignment anywhere?

You can file your copyright assignment with the U.S. Copyright Office through their online portal. While filing with the copyright office is not mandatory, it may offer certain legal benefits. The recording of the assignment could confer priority of ownership among conflicting assignment holders, establish public records of the contents of the document, register a security interest and provide constructive notice to members of the public. In addition to the written agreement that you file with the copyright office, you must also submit the necessary filing fee for recording the assignment. 

Are there any other potential issues to worry about?

One final issue of note is the right of termination of a copyright assignment. An author of an original work that registered with the copyright office, which is later transferred via assignment may have the ability to terminate the assignment by following certain statutory requirements. There is a five year window to file a termination with the copyright office, which must be filed within 35 years after the assignment of the copyright rights. Lastly, this is a right that can never be negotiated away.