Transferring a Copyright

In the scope of business, many individuals possessing a copyright will see it fit to transfer copyright ownership or copyright licensing for the use of other individuals and entities.  Copyright rights are actually a bundle of personal property legal rights obtained by copyright holders that pertain to the ability of third parties to utilize a given copyright, if at all.  Oftentimes, the transferring of the copyright will entail some payment, either in royalties or a principle amount, for the acquisition of the copyright privileges.  In the United States, according to the United States Copyright Act, individuals or entities transferring the ownership of a copyright must define this transaction in writing with a signature from the transferor, or person initially possessing the copyright.  Though this transfer does not necessarily require a specific standard set of documentation to record the transaction, the written documents transferring, or assigning, the rights a copyright must include the following:

• Description of copyrighted intellectual property being transferred
• Names of grantors and beneficiaries involved in the transaction
• Any and all terms and rights of the copyright transfer agreement

Generally speaking, copyright holders will record these transactions by submitting the pertinent information regarding the copyright transfer to the United States Copyright Office.  This filing, however, is not required by law per se, however, it does offers all parties involved a reasonable level of protection in the granting of the copyright.

Licensing Copyrights

It should be noted, as well, that the transferring of copyrights does not necessarily entail a permanent and consummate release of the rights obtained through the initial copyright.  In fact, many instances of copyright transfers entail a partial granting of copyrights to other individuals or entities through licensing.  Although the terms of each licensing agreement will depend on the details worked out between the licensee and the licensor, the copyright rights possible for licensing include:

• Reproductions
• Distribution
• Derivative works

An express copyright license will allow entities to set forth the terms, length, and rate of compensation for the licensing of the copyright.  These arrangements will allow the original copyright holder to exercise some control and maintain ownership of the copyright, but will allow a third party to utilize this copyright within the confines of the express copyright license.  In instances where third parties violate the terms of an express copyright license agreement and the assignment of these rights, original copyright holders have legal recourse through a copyright infringement lawsuit.  A patent law attorney can assist individuals who feel their copyright rights have been infringed upon by any other individual or entity, whether known or unknown to the original copyright holder.  In many cases, aside from grievous criminal activity and intent, these cases will take the form of copyright infringement suits in the federal civil court system.

Do you need to license or transfer a copyright? Contact an intellectual property lawyer for help today!

• If you have more questions or may need legal assistance regarding a Copyright matter, Consult Your Case for Free with a local experienced Intellectual Property Lawyer.