Copyright Assignment Agreement for the United Kingdom

Copyright Assignment Agreement Template for United States

A Copyright Assignment Agreement is a legal document governed by U.S. federal copyright law and state contract laws, which facilitates the complete transfer of copyright ownership from one party (assignor) to another (assignee). This agreement permanently transfers all rights, title, and interest in the copyrighted work, including reproduction, distribution, adaptation, and public performance rights. The document must comply with the U.S. Copyright Act requirements, particularly 17 U.S.C. ยง 204(a), which mandates that copyright transfers be in writing and signed by the copyright owner.

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What is a Copyright Assignment Agreement?

A Copyright Assignment Agreement is essential when permanent transfer of copyright ownership is desired. This document, governed by U.S. federal copyright law, is commonly used in business acquisitions, publishing deals, and employment situations where intellectual property rights need to be formally transferred. The agreement includes specific details about the copyrighted work, terms of transfer, warranties of ownership, and consideration provided. It differs from a copyright license in that it transfers complete ownership rather than just usage rights. The agreement must comply with both federal copyright statutes and state contract laws to be enforceable.

What sections should be included in a Copyright Assignment Agreement?

1. Parties: Identification of the assignor and assignee with full legal names and addresses

2. Background: Context of the assignment and brief description of the copyrighted work(s)

3. Definitions: Key terms used throughout the agreement including 'Work', 'Intellectual Property Rights', and 'Assignment Date'

4. Assignment of Rights: Express transfer of copyright ownership and all associated rights, including reproduction, distribution, and derivative works

5. Consideration: Statement of payment or other value exchanged for the assignment

6. Warranties and Representations: Assignor's guarantees regarding ownership, right to transfer, and non-infringement

7. Governing Law: Jurisdiction governing the agreement and dispute resolution procedures

What sections are optional to include in a Copyright Assignment Agreement?

1. Moral Rights: Waiver or assignment of moral rights, particularly relevant for visual arts under VARA

2. Registration: Obligations and procedures regarding copyright registration and maintenance

3. Further Assurances: Commitment to execute additional documents necessary to perfect the assignment

4. Indemnification: Protection against third-party claims and related liabilities

What schedules should be included in a Copyright Assignment Agreement?

1. Schedule A - Description of Works: Detailed description of all copyrighted works being assigned including title, format, and creation date

2. Schedule B - Existing Licenses: List of any existing licenses, permissions, or encumbrances affecting the assigned works

3. Schedule C - Registration Details: Copyright registration numbers, dates, and jurisdictions where applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Industries

U.S. Copyright Act - Transfer Provisions: 17 U.S.C. ยง 204(a) - Requires a written instrument signed by the copyright owner for any transfer of copyright ownership. ยง 201 covers ownership and transfer provisions, while ยง 106 defines exclusive rights in copyrighted works.

Digital Millennium Copyright Act (DMCA): Federal law that addresses copyright issues specific to digital content and online material. Relevant when the copyrighted work involves digital assets or online distribution.

Work-for-hire Doctrine: 17 U.S.C. ยง 101 - Determines copyright ownership when works are created within employment relationships or specially commissioned works. Affects how assignment agreements should be structured.

First Sale Doctrine: Legal principle that limits copyright holder's control over physical copies of works after first sale. Must be considered in assignment terms regarding physical copies.

Fair Use Provisions: Limitations on exclusive rights of copyright holders, allowing certain uses without permission. Assignment agreement should address how fair use rights are handled.

Right of Termination: 17 U.S.C. ยงยง 203, 304 - Authors' right to terminate copyright transfers after 35 years. Must be acknowledged and addressed in long-term assignment agreements.

State Contract Laws: General contract formation principles including offer, acceptance, consideration, and capacity. Varies by state but essential for agreement validity.

Visual Artists Rights Act (VARA): Provides moral rights protection for visual artists, including rights of attribution and integrity. Must be specifically addressed if visual artworks are involved.

Written Requirements: Statutory requirement for written instrument with clear identification of works, transfer statement, consideration, warranties, and registration status details.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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