Assigning Copyright

Assigning Copyright-53
Copyright Assignment vs Copyright License The transfer of a copyright assignment and a copyright license differ greatly in measure and in finality.A copyright assignment occurs when in his original work.A copyright confers on its owner a bundle of rights and interests.

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Bundle of Rights Just to refresh some of the memories out there, the Copyright Act of 1976 grants to the author of an original and copyrightable work a The bundle bestows the copyright holder with the exclusive rights of reproduction, adaptation, publication, performance and display of the copyrighted material.

There is also a right of distribution of the copyrighted material which is limited by the which permits that buyer of the copyrighted material to sell or otherwise dispose of the material he bought without the consent of the copyright owner.

About the Author: Christine Varad is the principal writer and editor for Varacolors Media.

She earned her JD in law from New England Law and holds a BFA from Massachusetts College of Art and Design.

On the other hand, a copyright license is an agreement that transfers only a portion of the owner’s rights in the copyright such as a permission to use the copyrighted material in some specified manner and for some limited amount of time.

The copyright owner retains ownership of the copyright in the case of a licensing agreement.

Exclusive vs Non-Exclusive License There are various types of written transfer of copyright ownership.

The Copyright Act of 1976 specifies that the “transfer of copyright ownership is an assignment, mortgage, exclusive license, transfer by will or intestate succession, or any other change in the ownership of any or all of the exclusive rights in a copyright, whether or not limited in time or place of effect, but not including a non-exclusive license.” Transfer of Copyright under Work-for Hire Agreements Recognizing copyright transfer or assignment language in work-for-hire and even in general independent contractor work contracts can sometimes be quite difficult.

In a work-for-hire situation the copyright to the work goes to the employer or the party commissioning the work unless the contract between the parties specifically designates that the employee or creative will retain copyright ownership in any material produced under the contract.

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