An Assignment of Copyright is a written agreement transferring the ownership of intellectual property. To legally obtain ownership of copyright material from an author, creator, or current owner, a transfer must be made in writing. 

This agreement grants an individual or company (the assignee) select rights to or complete ownership of a piece of work from the original owner or creator (the assignor). 

An Assignment of Copyright is also known as a copyright transfer agreement.

An Assignment of Copyright is needed when transferring the ownership of a piece of work protected under the United States Code, Chapter 17. 

Copyright laws only cover specific pieces of intellectual property. Examples of what an assignment can and can’t transfer are as follows:

Consider a t-shirt company that wishes to purchase an artist’s work in order to screenprint the image on its merchandise to sell. The company would need the artist to complete an Assignment of Copyright to transfer the rights to reproduce, distribute, and display the image on its merchandise. 

Does an Assignment of Copyright need to be recorded?

Recording a transfer of ownership isn't mandatory, but registration is recommended. New copyright owners can inform the U.S. Copyright Office to create a public record of ownership. You can use a signed Assignment of Copyright as documentation to record the transfer.

Recording an assignment can help prove ownership to third parties and assist during disputes like infringement claims in court.

An Assignment of Copyright gives someone partial or complete ownership and use of copyrighted material. 

A license, on the other hand, sets out the terms under which a person can use intellectual property in return for compensation. Often, a license has a fixed term. While the licensee can use the work, the creator still owns all rights to the intellectual property.

If you’re looking to create a license, use LawDepot’s Licensing Agreement or create a more specific agreement with a Digital Image License or an End-User License.

An Assignment of Copyright is taking an existing work and transferring ownership rights. An assignment can’t assign ownership when intellectual property is considered work for hire, also known as made for hire. In work for hire situations, it’s the client, employer, or hirer who has ownership of the intellectual property created under an agreement. So, no copyright assignment is necessary.

Pieces that are classified as made for hire include:

• Work done by an employee for an employer under the scope of their employment
• Work specially ordered or commissioned for use

Other times, copyright to intellectual property under contracts like a Service Agreement may be granted to the client if the contract assigns those rights. Depending on the job requirements, an independent contractor may create materials specifically for a client’s needs. Examples include marketing materials, graphic designs, and apps. A contract determines who owns these materials even after the contract is complete. 

When you transfer the copyright of any materials to an assignee, it transfers rights such as:

• Reproducing the work
• Displaying the work in public
• Producing and performing the piece in public
• Taking legal action over copyright infringement

Using LawDepot’s Assignment of Copyright template, you can transfer all the rights to a copyrighted piece or select specific rights to give to the assignee. If complete ownership is granted to the assignee, the assignor will need permission to use the copyrighted work going forward. 

LawDepot’s Assignment of Copyright questionnaire allows you to document the transfer of copyright ownership and rights easily. Once you select the type of work being transferred, complete the following steps:

1. State the owner's location

You must create your Assignment of Copyright under the owner’s (assignor’s) jurisdiction. Each state has different regulations for legal contracts. Selecting the assignor’s state will customize your document accordingly.

2. Provide party details

Next, provide the name and address of both the assignor and assignee. If there’s more than one assignor, include both of their details. You can do the same if there are multiple assignees. 

Parties can include individuals or organizations transferring and receiving rights.

3. Describe the copyrighted work

Proceed to give as much detail as possible about the copyrighted work. This includes:

• Titles or names of the work
• The type of work (e.g., if it’s an art piece, include the medium, size, etc.)
• The creator’s name (e.g., author, artist, composer)
• How many pieces if the assignment is for a collection

If the work is registered, provide the registration details (number and date).

4. Disclose the assignment of rights

An assignor can choose to transfer all the rights to an assignee. They may also only be transferring select rights to the copyrighted work. If this is the case, select from LawDepot’s list of options that fit your situation. Rights to transfer include, but are not limited to:

• Rights to reproduce the work in copies or phonorecords
• Rights to distribute copies or phonorecords of the work to the public by sale, transfer of ownership, or rental
• Right to perform or display the copyrighted work publicly

Assignment of rights is usually accompanied by compensation. This is also known as consideration of copyright when a monetary sum is paid in exchange for the work. Include the price and how the assignee will pay the compensation. 

5. Include signing details

To finalize your document, select the state where you’ll be signing the agreement and if it will be in front of a notary public. 

LawDepot’s template also allows you to customize any additional clauses required for your transfer.

It typically isn’t mandatory to notarize an Assignment of Copyright. However, signing before a notary public can further validate the signatures for future disputes or legal concerns.

When you assign copyright for anything created on or after January 1st, 1978, copyright law allows you to terminate a transfer. However, the law states that a transfer can only be terminated 35 years from the transfer date. 

A termination is done by either the assignor or their successors and it must be done within the first five years at the end of the 35 year period. A signed, written notice must be served to the assignee or their successor to terminate a copyright grant. Then, a copy of the notice must be recorded with the Copyright Office.

Anything done before 1978 has the same window to terminate. However, termination can only take place after 56 years. Additionally, you can’t terminate a grant of copyright made via a Last Will and Testament or work made for hire.

If the assignee agrees to re-assign the rights to the original owner, you can transfer the rights back sooner by creating another agreement like an Assignment of Copyright. To learn more about terminating a copyright transfer, visit the U.S. Copyright Office.