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Intellectual Property Assignment Agreement

Templates / Intellectual Property Assignment Agreement

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Our Intellectual Property Assignment has been drafted so that it covers all types of Intellectual Property (IP). The Intellectual Property Assignment (often called an IP Assignment) agreement enables you to transfer intellectual property easily from one party to another.

You can use this agreement template to transfer the following types of intellectual property rights:

• Trademarks;
• Design Rights; and / or

If you want to transfer know-how or confidential information along with the IP rights, then we recommend that you use our Technology Transfer Agreement , instead of this IP Assignment. When you only need to cover trademarks, then you may prefer our Trademark Assignment , as it is:

• more to the point and
• covers in more detail what you need to do to register the assignment of a registered trademark with the IPO .

If you only want to sell or transfer copyright material, then use our Copyright Assignment .

For patents only, use our Patent Assignment . Similarly just for design rights try our template Design Right Assignment .

When to Use an Intellectual Property Assignment Agreement

The intellectual property laws existing here in the UK state that if you have created artwork, music, written works, discoveries, inventions, symbols, etc, you have exclusive rights to them. This is the case unless you create the IP in question in your capacity as an employee of a company. In that case, the employer owns the intellectual property.

As the owner of intellectual property rights, you may want to transfer those rights to another party. If you are transferring IP rights in return for a monetary payment, then you are deemed to be assigning those rights. If, however, you are transferring the IP for no monetary payment, then you are deemed to be transferring the rights.

In both cases it is necessary to document the transfer in writing. Use our IP Assignment template to do this.

Using our IP Assignment Template

An IP specialist UK solicitor has drafted our template, so that it is legally binding in England, Scotland and Wales. You can purchase our documents knowing that they are easy to use and great value for money.

You may hire a consultant or freelancer to create new ideas or products. When you have them sign an Assignment of Intellectual Property, then you are transferring the IP from them to you.

It will state that any ideas or products from them will become the intellectual property of your business, instead of the consultant. It eliminates the possibility that the consultant could use the idea or product to reproduce it or sell it to another company.

Although you will find the document includes some legal terminology, it will be easy for you and the other party to understand. The guide that comes with the template explains each clause and terminology as you go along, so it is very easy to use. Download the template to your computer, and you can begin filling it out right away.

Need Help With This IP Assignment Template?

Whatever questions you have regarding this intellectual property assignment template, we are here to help you . Our team of customer support advisers cannot provide legal advice, but they can advise you on using this agreement. For example, whether this or another agreement template is right for you. We can also answer any questions that you have when you get to completing the IP assignment agreement.

FAQs on Intellectual Property Assignments

Below, we answer many of the top questions about IP assignments from the Internet.

How do you transfer intellectual property?

If you wish to transfer Intellectual Property or “IP” to another party, you will need a legal agreement known as an assignment. An assignment of intellectual property gives the party to whom the rights are being transferred full rights of ownership over the intellectual property. The agreement should include all the relevant details about the transfer itself, and list all the IP that the owner is selling. At Legalo, we have such an assignment, which you can use, safe in the knowledge that we have covered all legal eventualities.

Once you have the agreement in place, any IP that is registered needs 1 more step. You need to notify the registry that the ownership has changed. In the UK, this means the Intellectual Property Office.  This step applies in particular to:

• patents (they are always registered)
• registered trademarks (only some trademarks are registered); and
• registered design rights (only some design rights are registered).

What is an assignment of IP rights UK?

An assignment of IP rights is a legal transfer of ownership of intellectual property from one party (the assignor) to another party (the assignee). You do this through a written agreement outlining the terms of the transfer, along with any price or royalties involved. It results in the complete transfer of all rights, title, and interest in the IP, allowing the assignee to become the new owner. The assignment is typically covered in a written agreement that specifies the details of the transfer, including:

• the IP involved, and
• any price for the IP.

For any registered IP, such as a registered trade mark or patent, following the assignment, the owner would apply to the registry to have the assignment of the trade mark or patent noted, so it is clear who the new owner is.

Is an assignment a transfer of ownership?

Yes, an assignment is a legal mechanism for the transfer of ownership, so it means the sale of the IP in this context. An assignment of IP involves the transfer of all rights, title, and interest in the IP from one party to another. You use the assignment agreement to set out the terms of the transaction and provide evidence of the sale of the IP.

Does an assignment of IP need to be in writing?

Yes, an assignment of intellectual property generally needs to be in writing to be legally enforceable. In many jurisdictions, including the UK, a written agreement is necessary to transfer ownership rights. A written assignment agreement provides clarity on the details of the transfer, such as the type of IP, the rights being transferred, and any price or other conditions. For any IP that is registered, the written agreement is a precursor to advising the registry that the ownership has changed. If the IP is not registered, the written agreement would serve as the only proof of the new ownership, so is very important.

What are the key components of an IP assignment? What is an example of an intellectual property assignment agreement?

An example of an intellectual property assignment agreement is a legal document that facilitates the transfer of intellectual property rights from one party to another. It includes details such as:

• the identification of the intellectual property that the owner is assigning,
• the parties involved,
• the scope of rights being transferred,
• the consideration or payment terms (for example, royalties),
• the date on which the agreement comes into effect, and
• any warranties or representations.

The agreement may also address confidentiality, dispute resolution, and governing law provisions.

What is an IP transfer agreement?

An IP transfer agreement, also known as an intellectual property assignment, is a legal document that transfers ownership of intellectual property rights from one party to another. It sets out the terms of the transfer. Having a written agreement:

• ensures that the parties properly transfer the ownership and rights to the intellectual property to the recipient,
• protecting the parties’ interests,
• allowing the new owner to be registered as the owner of the IP, if it is registered IP, and
• enabling them to exploit or use the IP as agreed upon.

What is an example of intellectual property? What is intellectual property and list 4 examples? What are 3 different examples of intellectual property?

Intellectual property is an asset or right created by the law and often it is not a physical asset, but it might have an associated, physical form in some cases. For example, copyright is the intellectual property in a book, but it is not the book itself. It is the legal protection that the law gives to the author’s rights in the book. Examples of different types of intellectual property are:

• design rights,
• trademarks.

Owners can use these rights to protect all sorts of property, such as logos, software, plant varieties, chemical formulae, inventions, books, music and lyrics.

What is the difference between a patent, a copyright, and a trademark?

While patents, copyrights, and trademarks all fall under the umbrella of intellectual property protection, they each correspond to different types of creations and create distinct legal rights. Here is a basic description of the three most common types of IP protection:

• A patent protects new inventions or processes and grants the inventor exclusive rights to make, use, and sell the invention for a limited time. You must register a patent in order to gain the legal protection.
• Copyright protects original artistic and literary works, and the creative industries naturally use it the most. It gives the creator exclusive rights to reproduce, distribute, perform, or display works based on the original creation and typically lasts for the creator’s lifetime plus a certain number of years (70 in the UK, but it varies in other countries). You cannot register copyright in the UK, but in some other countries you can register copyright.
• A trademark protects unique brand or product names, logos, strap-lines, symbols, and other clear indicators of a company, service or product. It allows the owner of the brand to prevent others from using it themselves, avoiding misunderstandings and smeared reputations in the eyes of the consumer. It avoids competitors trading off your good reputation by pretending to be your brand. In the UK, there are both registered and unregistered trademarks, so registration is possible but optional.

Is an assignment of intellectual property a licence?

An assignment is not the same as a licence. An assignment of intellectual property transfers the ownership of the IP from one owner (maybe the inventor or author) to someone else. Often the buyer pays a one-off price for this purchase of the IP rights.

A licence is:

• merely permission from the owner for someone to use the rights in some way (dependant on what the owner permits),
• often on a short-term basis,
• usually in return for the payment of an on-going royalty,
• but the rights remain owned by the owner.

What is the difference between IP ownership and assignment?

IP ownership refers to the legal status of being the rightful owner of intellectual property. This means having exclusive rights and control over its use. On the other hand, IP assignment is the act of transferring (i.e. selling) ownership rights from one party to another. So ownership refers to the current status of owning IP rights, while assignment is the process of transferring those rights to another party.

What is the difference between transfer and assignment of intellectual property rights?

You can use the terms “transfer” and “assignment” interchangeably. They both mean the transfer or sale of rights from one party to another.

Do you need consideration for assignment of IP?

In the UK, the law requires consideration (i.e. something of value that the parties exchange – the price) to make an intellectual property assignment legally valid, unless the parties sign the contract as a “deed”. Consideration can take the form of monetary payment, royalties or licensing fees, exchange of services or assets, or equity or shares in a company. If you sign the contract as a deed, then there is no need to prove there was any consideration for the transfer of the IP.

Can you use someone else’s intellectual property?

Using someone’s intellectual property without the proper permission can lead to legal liability, such as claims of copyright infringement or trademark violations. So it is important to make sure you have authorisation before doing so. However, there are some situations where the law protects you from legal action when using someone’s intellectual property in a minor way, such as:

• Fair Use. This allows use of IP for the purposes of commentary, criticism, education, or research. This is provided that your creation derived from the IP is deemed to be substantively different. So, for example, you can write a review of a book and include short quotes from it. But you cannot copy large passages of it.
• Parody and Satire. Satirising IP can fall under the umbrella of ‘fair use’, so long as it meets the same set of criteria.
• Public Domain. Once the limited time for which the law protected an item of IP has expired, the IP falls into the public domain. Then anyone can freely use it. A creator can also place their own IP into the public domain before its copyright expires. So for example, Charles Dickens wrote his novels and then died a long time ago. The copyright in them has long since expired. So anyone can copy and republish his books now.
• Creative Common Licences.  Some creators license their work to allow others to use it free of charge for, or in, their own creations. Sometimes this permission is subject to certain limitations.

• Related Templates Technology Transfer Agreement Trademark Assignment Copyright Assignment Design Right Assignment Agreement Patent Assignment

Free assignment of copyright

Copyright is one of the key intellectual property rights. it protects a very wide range of different types of intellectual creation, including books, plays, music and software..

Businesses often (and individuals occasionally) need to transfer copyright, and the function of an assignment of copyright document is to give effect to such transfers.

Under English law, legal transfers of copyright must be in writing and signed by or on behalf of the party making the transfer.

This free document is based upon our premium assignment of copyright template; it includes a textual credit in addition to the provisions of that template.

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Free assignment of copyright contents

• Definitions: definitions.
• Credit: docular credit; free documents licensing warning.
• Consideration: consideration benefiting Assignor .
• Assignment: assignment of intellectual property rights with full title guarantee option; assignment of owned intellectual property rights in works; assignment for full term of rights; assignment includes right to claim for past infringements.
• Moral rights: warranty that rights of paternity in works have been waived; acknowledgement of assertion of right of paternity in works; assertion of moral right of paternity in works; warranty that right of integrity in works has been waived.
• Warranties: first party warranty of authority; first party warranties relating to unregistered assignment IP; exclusion of implied warranties and representations.
• Indemnity: Assignor indemnifies Assignee upon breach.
• Limits upon exclusions of liability: caveats to limits of liability.
• Further assurance: further assurance (intellectual property); assistance with registration of intellectual property rights; assistance with proceedings relating to assigned intellectual property.
• General: no waiver; severability; variation written and signed; no assignment without written consent; no third party rights; entire agreement; governing law; exclusive jurisdiction.
• Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

SCHEDULE 1 (COPYRIGHT: IDENTIFICATION)

• Assignment IP : works: identification of unregistered intellectual property to be assigned.
• Excluded IP : identification of intellectual property rights to be excluded from assignment.

Assignments of copyright

• Assignment of copyright

Related documents

• Assignment of intellectual property rights
• Assignment of rights in a website
• Assignment of rights in software
• Licence of copyright

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Copyright Assignment

This Copyright Assignment contains the following clauses:

and the following Schedule:

Notification

This copyright assignment is between  , an individual a(n) (the " Assignor ") and  , an individual a(n) (the " Assignee ").

The Assignor has created and (a) has registered or (b) has applied for registration with the Copyright Office of those works listed in Exhibit A (collectively, the " Work ").

The Assignor wishes to transfer to the Assignee all of its interest in the Work, and the Assignee wishes to acquire all of the Assignor's interest in the Work.

The parties therefore agree as follows:

1. ASSIGNMENT OF AUTHORED WORKS.

The Assignor assigns to the Assignee, and the Assignee accepts the assignment of, all of the Assignor's interest in the following:

• (a) the Work listed in Exhibit A ;
• (b) all of the exclusive rights granted to the owner of a copyright under United States federal law, including all rights to reproduce, publish, adapt, modify, distribute, create derivative works based on the Work, display, publicize, and transmit (digitally or otherwise) the Work;
• (c) the registrations and applications for registrations of each Work, and any renewals or extensions of those;
• (d) all goodwill and moral rights in and to the Work;
• (e) all income, royalties, and damages due to the Assignor with respect to the Work, including damages and payments for past or future infringements and misappropriations of the Work; and
• (f) all rights to sue for past, present, and future infringements or misappropriations of the Work.

2. CONSIDERATION.

The Assignee shall pay the Assignor a flat fee of as full payment for all rights granted under this agreement. The Assignee shall complete this payment no later than .

3. RECORDATION.

In order to record this assignment with the United States Copyright Office, within hours of the effective date of this assignment, the parties shall sign the form of copyright assignment agreement attached as Exhibit B . The Assignor Assignee  is solely responsible for filing the assignment and paying any associated fees of the transfer.

4. NO EARLY ASSIGNMENT.

The Assignee shall not assign or otherwise encumber its interest in the Work or any associated copyright registrations until it has paid to the Assignor the full consideration provided for in this assignment. Any assignment or encumbrance contrary to this provision shall be void.

5. DOCUMENTATION.

The Assignor shall provide the Assignee with a complete copy of all documentation (in any format) relating to the Work for the Assignee's own use, to meet record-keeping requirements of the Assignee, or to allow the Assignee to assert its rights granted pursuant to this assignment. The Assignor shall also, on request:

• (a) sign any additional papers, including any separate assignments of the Work, reasonably necessary to record the assignment in the United States;
• (b) do all other lawful acts reasonable and necessary to record the assignment in the United States; and
• (c) sign all papers reasonable and necessary for Assignee to obtain a copyright on any of the Work. 

6.   NO FURTHER USE OF WORK. NONEXCLUSIVE LICENSE TO ASSIGNOR.

After the effective date, the Assignor may make no further use of the Work or any derivatives of the Work, except as authorized by the prior written consent of the Assignee, and the Assignor may not challenge the Assignee's use or ownership, or the validity, of the Work.   However, the Assignor shall retain its rights to be identified as the author whenever the Work is reproduced, published, distributed, or otherwise publicly displayed. After the effective date, the Assignee grants back to the Assignor a nonexclusive, royalty-free license to use the Work as the Assignor sees fit, including for the creation of derivative works of those Work. This license does not limit the Assignee's rights and public rights under this assignment.

7. ASSIGNOR'S REPRESENTATIONS.

The Assignor hereby represents to the Assignee that:

• (a) the Assignor is the sole owner of all interest in the Work;
• (b) the Work is original, are not in the public domain, are not plagiarized, and do not contain anything that is libelous or obscene;
• (c) the Assignor has not transferred, licensed, pledged, or otherwise encumbered any Work or agreed to do so;
• (d) the Assignor is not aware of any violation, infringement, or misappropriation of any third party's rights or any claims of rights (including existing intellectual property rights, rights of privacy, or any other rights) by the Work;
• (e) the Assignor is not aware of any third-party consents, assignments, or licenses that are necessary to perform under this assignment; and
• (f) the Assignor was not acting within the scope of employment of any third party when conceiving, creating, or otherwise performing any activity with respect to the Work.

8. GOVERNING LAW.

• (a) Choice of Law. The laws of the state of  govern this agreement (without giving effect to its conflicts of law principles).
• (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

9. AMENDMENTS.

No amendment to this assignment will be effective unless it is in writing and signed by a party.

10. ASSIGNMENT AND DELEGATION.

• (a) No Assignment. Neither party may assign any of its rights under this assignment, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
• (b) No Delegation. Neither party may delegate any performance under this assignment, except with the prior written consent of the other party.
• (c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.

11. COUNTERPARTS; ELECTRONIC SIGNATURES.

• (a) Counterparts. The parties may execute this assignment in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
• (b) Electronic Signatures. This assignment, agreements ancillary to this assignment, and related documents entered into in connection with this assignment are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

12. SEVERABILITY.

If any one or more of the provisions contained in this assignment is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this assignment, but this assignment will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this assignment to be unreasonable.

13. NOTICES.

• (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this assignment shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this assignment: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
• (b) Addresses. A party shall address notices under this section to a party at the following addresses:
• If to the Assignor: 

• If to the Assignee: 
• (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

14. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this assignment will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

15. ENTIRE AGREEMENT.

This assignment constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this assignment. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this assignment are expressly merged into and superseded by this assignment. The provisions of this assignment may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this assignment by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this assignment. Except as set forth expressly in this assignment, there are no conditions precedent to this assignment's effectiveness.

16. HEADINGS.

The descriptive headings of the sections and subsections of this assignment are for convenience only, and do not affect this assignment's construction or interpretation.

17. EFFECTIVENESS.

This assignment will become effective when all parties have signed it. The date this assignment is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this assignment.

18. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this assignment contemplates or to evidence or carry out the intent and purposes of this assignment.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature. 

[PAGE BREAK HERE] EXHIBIT A LIST OF WORKS TRANSFERRED

[PAGE BREAK HERE]

EXHIBIT B FORM OF COPYRIGHT ASSIGNMENT

For good and valuable consideration, the receipt of which is hereby acknowledged,  an individual a(n)   (the " Assignor ") hereby assigns to an individual a(n)   (the " Assignee ") all of the Assignor's interest in the Assigned Copyrights identified in Attachment A to this assignment, and the Assignee accepts this assignment.

Each party is signing this agreement on the date stated opposite that party's signature.

ATTACHMENT A (TO EXHIBIT B) ASSIGNED COPYRIGHTS

Free Copyright Assignment Template

Protect your intellectual property with a copyright assignment form. securely transfer your copyright to another party, clearly defining ownership terms while preserving your rights effectively..

Complete your document with ease

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Copyright assignment: How-to guide

Have you ever wondered what happens to your creative work once it's out in the world? How can you ensure that your intellectual property remains protected? These questions often lead us to explore the world of copyright assignment.

Copyright assignments empower creators to control the destiny of their creations. In this how-to guide, we'll explain the details of copyright assignments.

Join us as we deep dive into copyright ownership and discover how you can effectively transfer your rights to others while safeguarding your creative legacy.

What is a copyright assignment?

Copyright assignment refers to the transfer of copyright ownership rights from one party to another. Copyright owners have exclusive rights to their creative works, including the right to perform, display, distribute, reproduce, and create derivative works based on the original. These  rights are protected for a specified duration , typically throughout the life of a creation:

1. Copyright protection for works created by individual writers on or after January 1, 1978, begins at the time of creation and lasts for the author's life plus 70 years.

2. Copyright for anonymous or pseudonymous works (if the author's name is not revealed) and works done for hire are valid for 95 years from the date of first publication or 120 years from the date of creation, whichever expires first.

3. The copyright in joint works is valid for the life of the last living author plus 70 years.

Copyright assignment involves the assignor (the original copyright holder) transferring their rights to the assignee (the new copyright owner) through a written agreement. Key terms to understand include the assignor, assignee, consideration (something of value exchanged for the transfer), and the transfer of rights.

What are the types of copyright transfer?

Copyright assignments can be either: 

1. Exclusive : In an exclusive assignment, the assignee gains exclusive rights to use the copyrighted work.

2. Non-exclusive : In a non-exclusive assignment, the assignor retains the right to license the work to others. 

3. Partial : Partial assignments may also be considered, transferring only specific rights or territories.

What are the benefits of copyright assignment?

Copyright assignment offers several benefits to both creators and assignees:

Monetization

Assigning copyright allows creators or the copyright owner to monetize their personal property by selling or licensing their rights to others, providing opportunities for additional income streams.

Transfer of responsibility

By assigning copyright, creators can transfer the responsibility for managing and protecting their personal property rights to the assignee, relieving them of the burden of enforcement and administration.

Expanding reach

Assigning copyright to a larger entity, such as a publishing house or production company, can help creators reach a wider audience and expand the distribution of their works.

Legal protection

Assigning copyright provides legal protection against unauthorized use or reproduction of the work, allowing assignees to take legal action against infringers to protect their rights.

Collaboration opportunities

Copyright assignment facilitates collaboration between creators and businesses, enabling joint ventures and partnerships that can lead to creative synergies and mutually beneficial outcomes.

When do you need a copyright assignment?

The following situations may require you to think about assigning a copyright:

Collaborative projects

A copyright assignment may be necessary to establish ownership and distribution rights when working with others on a creative endeavor, such as authoring a book or making a movie.

Commissioned work

A copyright assignment can outline the ownership and usage rights for any work you are contracted to produce for someone else, including written articles, music compositions, and artwork.

Your employer may ask you to assign your copyright to them as part of your employment agreement if you produce intellectual property as part of your work, such as software code, marketing materials, or product designs.

Selling or licensing

A copyright assignment agreement will formalize the transfer of rights and set out the conditions of the transaction if you choose to sell or license your copyright to a third party, such as a publishing house, record label, or production studio.

Safeguarding your legacy

As you make plans, you should ensure that your creative works' management and preservation follow your instructions. You may create a clear plan for how your personal property will be managed after your death with the use of a copyright assignment.

Copyright assignment is required anytime you need to distribute or transfer ownership of your creative works in a way that is official and compliant with the law. All parties concerned benefit from its clarity and protection, which guarantees that the rights and obligations related to intellectual property are accurately established and respected.

What laws and regulations to follow for copyright assignment in the US?

Copyright assignment in the United States is governed by federal law, primarily outlined in the  Copyright Act of 1976 . This legislation provides the legal framework for copyright ownership and transfer, ensuring that assignments are enforceable and legally binding. In addition, the following points must be considered.

Ensuring validity and compliance : Precautions must be taken to guarantee the authenticity and validity of a copyright transfer. These include recording the assignment's conditions, getting the original express approval of the copyright owner, and making sure all legal requirements are met. To find and fix any possible validity issues, the written agreement must be legally reviewed. It might be advisable to visit the copyright office.

Legal requirements and formalities : A proper copyright assignment requires attention to legal requirements. One part of this is making sure the assignment agreement is in writing and signed by all parties. In addition to safeguarding the rights of both the assignor and the assignee, written agreements offer clarity and act as proof of the transfer of ownership.

What are the elements of a copyright assignment?

A copyright assignment agreement typically includes several essential components:

Identification of the parties involved (assignor and assignee)

This part identifies who is giving up the rights to the work (assignor) and who is receiving them (assignee).

Description of the copyrighted work

This describes the creative work being transferred, such as a book, song, or artwork.

Scope of rights being transferred

It specifies exactly which rights, such as reproduction, distribution, or adaptation rights, are being given up by the assignor and acquired by the assignee.

• Reproduction rights : These refers to the right to make copies or reproductions of the copyrighted work. For example, if the assignee has reproduction rights, they can produce copies of a book, music recording, or artwork.
• Distribution rights : These refer to the right to distribute copies of the copyrighted work to the public. This includes selling, renting, leasing, or otherwise making the work available to the public. For example, if the assignee has distribution rights, they can sell copies of a book in bookstores or distribute copies of a film through online streaming platforms.
• Adaptation rights : This refers to the right to create derivative works based on the copyrighted work. A derivative work is a new work that is based on or adapted from the original work, such as a movie adaptation of a book or a remix of a song. If the assignee has adaptation rights, they can create and distribute adaptations or derivative works based on the original copyrighted work.

Consideration exchanged for the transfer

Consideration refers to what the assignee gives to the assignor in exchange for the rights to the work. It could be money, goods, services, or other valuable benefits.

Signatures of all parties

All parties involved in the agreement need to sign it to make it legally binding. This ensures that everyone agrees to the terms of the copyright assignment.

The effective date of the assignment

This is the date when the transfer of copyright ownership becomes official and legally enforceable.

Recordation

Recordation involves officially documenting the copyright assignment with the appropriate government office, such as the U.S. Copyright Office. This provides a public record of the transfer.

No early assignment

This clause specifies that the assignor cannot transfer the rights to the work before a certain date or event specified in the agreement.

This clause is typically included to provide stability and certainty to both parties involved in the agreement. It ensures that the assignor cannot prematurely transfer the rights to the work, thereby disrupting the intended timeline or violating the terms of the agreement. This clause helps in:

• Protecting investment : The assignee may have invested time, resources, or finances into the agreement, and the "no early assignment" clause helps protect their investment by ensuring that the assignor cannot abruptly transfer the rights to someone else.
• Completion of obligations : The clause may specify that the rights cannot be transferred until either party fulfills certain obligations or conditions. This ensures that both parties fulfill their responsibilities before the rights are transferred.
• Preventing premature transfers : It prevents the assignor from transferring the rights to the work before the assignee has had sufficient time to benefit from the assignment or before certain milestones are reached.
• Maintaining stability : This clause helps maintain stability by establishing a clear timeline for the transfer of rights and prevents unexpected changes or disruptions to the agreement.

Assignor’s representations

The assignor or the copyright holder may need to make certain statements or assurances about the work being transferred, such as confirming that they are the rightful owner of the copyright. The reasons being:

• Legal assurance : By making representations about the work being transferred, the assignor provides legal assurance to the assignee that they have the rightful ownership of the copyright. This helps establish the validity and authenticity of the transfer.
• Protection against claims : The representations serve as protection for the assignee against any claims or disputes regarding the ownership of the copyright in the future. If the assignor falsely represents themselves as the rightful owner, they may be held liable for any resulting damages.

This section outlines how the agreement can be modified or amended in the future if necessary.

A waiver clause specifies whether any rights or obligations under the agreement can be waived by either party and under what circumstances.

Now that you know the elements of a copyright assignment agreement, you may create one with greater clarity and detail by following the above list. This involves defining the rights being transferred accurately, including any restrictions or conditions, and, if required, obtaining legal counsel. A well-written contract helps in avoiding miscommunications and conflicts.

You can also use pre-made templates, like the copyright assignment template provided on this page, to speed up the process of drafting a copyright transfer agreement. Templates provide the agreement structure, which makes it simpler to modify and tailor to particular requirements. 

What are the consequences of copyright infringement?

Copyright infringement carries several consequences, both legal and reputational, including:

1. Legal liability

Infringers may be liable for legal action, including injunctions, damages, and attorney fees, which can result in financial losses and potential reputational damage.

2. Loss of revenue

Infringement of copyright can result in lost revenue for creators and assignees, as unauthorized use of their works deprives them of potential licensing or sales opportunities.

3. Damage to reputation

Infringement can damage the reputation of creators and assignees, harming their credibility and trustworthiness in the eyes of consumers and business partners.

4. Diminished control

Copyright infringement devalues the control that creators and assignees have over their intellectual property, diminishing their ability to dictate how their works are used and distributed.

5. Erosion of rights and potential public domain status

Failure to enforce copyright protections can lead to the gradual loss of rights over time. Infringers may exploit this lapse by arguing that the works have entered the public domain or that they have acquired rights through long-term usage. This underscores the importance of proactive enforcement to safeguard intellectual property rights.

To sum up, copyright assignment is an essential tool that helps creators properly manage and safeguard their personal property rights. Through formal agreements, creators may transfer ownership of their works and open up new avenues for profit, cooperation, and reach. Nonetheless, the consequences of copyright infringement highlight how important it is to enforce and defend these rights with care. Creators and assignees may confidently handle the complicated world of intellectual property and secure the existence and success of their creative activities for future generations by knowing and following copyright assignment standards. 

Frequently asked questions

What does a copyright assignment mean.

The creator of intellectual property protected by copyright can sell that material and transfer the copyright to a buyer. A copyright assignment clarifies the terms of the transfer of ownership to a new person or business.

Here's the information you'll need to have handy to complete your copyright assignment:

• Who it's coming from (original owner) : Determine if a business or individual is sending the document and have the assignor’s name and contact information ready
• Who it's going to : Know who this document is going to and have the individual or business name and contact information of the assignee ready
• Copyright registration information : Identify the material's title, registration number, and date
• Payment : Decide the sale amount and when the buyer needs to pay

What is the process of assignment of copyright?

Transferring ownership of creative works through a formal agreement is the process of assigning copyright. In this arrangement, the parties typically identify themselves, describe the copyrighted work, specify the rights being transferred, exchange compensation, obtain signatures, and register the assignment with the relevant authorities for legal recognition.

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Copyright assignment

This is an assignment of copyright template. It can be used to transfer the ownership of the copyright in an identified work or set of works from one person or company to another.

To use this template assignment, you will need to be able to precisely identify the copyright works in question, along with any elements thereof that are excluded from the assignment. The works could, for instance, be written works, artistic works or musical works. You will also need to identify the consideration being given for the assignment (for instance, money), decide whether the assignment will be made with any guarantee of title, and decide whether any moral rights in the work or works will be waived or asserted.

*Buy a licence on Website Contracts. You should do so if you would like to use this template assignment of copyright without the attribution text.

Unlike licences of copyright, English law requires that all assignments of copyright be in writing and signed by or on behalf of the assignor. There is a slightly esoteric exception to this: an equitable assignment of copyright can occur without the statutory formalities being observed. However, in most cases an equitable assignment of copyright will not be an adequate substitute for a legal assignment of copyright.

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• Website Contracts

• Assignment of Copyright

An assignment of copyright (sometimes referred to as a sales agreement for copyright, the sale of copyright, or a bill of sale for copyright) is an agreement whereby the owner of the copyright of the work transfers his ownership to another.

Generally speaking, the buyer (assignee) can do with the work as he pleases: destroy it, license others to use it, make money from it in any way and on-sell the rights to another party.

To be valid, an assignment of copyright (see our free legal form lower down on this page) must be in writing, signed by or on behalf of the assignor (i.e. owner). It must be clear about the subject of the assignment; i.e. what copyright in which work is being assigned.

Remember that one work may have many copyrights!

For example, a movie will (or may) have literary, music, cinematography, photographic, broadcast, choreographic (etc.) rights. Whilst an out and out assignment will cover all such rights, it is possible to separate out what is to be assigned. The same applies for different countries.

IMPORTANT NOTE: Please refer to our main Copyright page for more information on copyright law, infringement of copyright and more related free legal forms.

As the owner of copyright in a work considering assignment you should assess whether l icensing your copyright is not a better option. In this case you retain ownership, and only license certain rights to another party.

You will be well advised to consult with your copyright attorney on your best course of action.

Note: It is important for employers to either include an assignment of copyright clause in their employment contracts or independent contractor agreement , or to have a separate agreement signed by employees or freelancers.

THE PARTIES TO THIS AGREEMENT ARE:

The Owner :_______________________________________________

Address:_________________________________________________

Contact Details:_________________________________________

The Assignee :____________________________________________

1. The Owner warrants that he/she is the sole creator and/or owner of all copyrights in the Work, and that he/she has full power to enter into this Agreement and that this Agreement does not infringe the rights of any third party.

3. The Owner agrees that the Assignee shall from here on own the said copyrights in the Work, to benefit and dispose of these rights in any way and at his/her sole discretion.

4. The Parties agree that ownership of the copyright work shall revert back to the assignor or his/her legal successors and assigns on the _____day of __________________ 20____ or at any time before as agreed to in writing by both parties. Where no date or jurisdiction is specified, the parties agree that the duration of assignment of ownership in the copyright work(s) shall be determined by the laws of the jurisdiction in which the agreement is concluded.

5. The Parties agree that this Agreement shall be binding upon the legal successors and assigns.

6. The Owner agrees to sign all necessary papers to procure registration of, or as further necessary to effect the assignment under this Agreement, as and where necessary.

7. In consideration of this Assignment of Copyright the Owner acknowledges receipt of due and sufficient consideration.

Signed at ___________________________ on this __________ day of __________________________20_______.

Owner: ________________________________

Assignee: _____________________________

Assignment of Copyright - Alternative Clause

In #2 of our agreement above we make provision for a detailed description of which copyrights are specifically assigned. If you want to make it all inclusive , without exceptions, you can change the wording to:

2. The Owner does hereby assign and transfer to the Assignee all copyrights arising from the agreement between the Owner and Assignee, including any and all commissioned works without reservation or exclusion.

Duration of an Assignment of Copyright

It is important to note that the assignment of ownership in copyright work(s) is not permanent, because copyright in itself does not last forever.

That said, failing to provide a clause in the agreement that clearly defines the term (or duration) of the assignment, will mean that the laws governing the jurisdiction in which the agreement was concluded (signed) will determine the term of the agreement.

An example of this would be Spain and Brazil, where the default term of an assignment agreement, unless otherwise stipulated, will be 5 years from the date the agreement was concluded.

Incidentally, in Germany, there cannot be an assignment of copyright, but copyright can be licensed.

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Copyright assignment and licensing

Published by a lexisnexis ip expert.

Copyright is a property right and may be transferred by assignment, testamentary disposition or by the requirements of law such as on bankruptcy . The benefit of the right can also be licensed to third parties by the owner.

Ownership of copyright and ownership of the physical subject matter of the copyright works are separate. For example, a sculpture may be enjoyed and admired by the purchaser but it is unlikely that the copyright in terms of the right to reproduce the work will have been transferred at point of sale. If someone wishes to make a copy of the sculpture or otherwise exploit the work, then this has to be expressly or impliedly authorised by the owner of the copyright by the granting of an assignment or licence.

Transferring ownership by assignment

Copyright notices are published by the Intellectual Property Office to help explain specific areas of copyright in the UK. For a simple guide to assignment of copyright, aimed at small businesses and individuals who may wish to assign their own copyright to another person or have been asked

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Related legal acts:

• Copyright, Designs and Patents Act 1988 (1988 c 48)

Key definition:

Copyright definition, what does copyright mean.

Any property right over certain creative works, which grants exclusive right to the owner.

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Copyright Assignemnt (Pro-Assignor)

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💾 Copyright assignment

A copyright assignment is a legal document that transfers the copyright of a work from one party to another. The assignment must be in writing and signed by the copyright holder. The copyright assignment covers the work itself, as well as any derivative works.

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Copyright Assignment Agreement (Short Form)

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Copyright Assignment Agreement | Sample

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Updated March 13, 2024

A copyright assignment agreement is between a seller (assignor) that transfers the ownership of a copyright to a buyer (assignee). It is common for a copyright to be assigned either through the sale of a business or a separate sale. After an agreement has been signed the copyright must be assigned using the U.S. Copyright Office (website).

Signing Requirements

Only a “sworn or official certification” agreement is accepted electronically by the U.S. copyright office. [2] Therefore, it is required for any copyright assignment agreement to be notarized by all parties involved.

Transferring ( Copyright.gov )

There is no form or application that can be used to transfer a copyright. A copyright agreement is allowed to be accepted as a recordable transfer document.

The agreement must be accompanied by Form DCS (cover sheet) and is recommended to include an Electronic Title List that speeds up the processing time and reduced fees.

How to Assign a Copyright (3 steps)

Step 1 – gather documents.

• Step 2 – Pay Filing Fee ($)

Step 3 – Send in the Mail

The following should be completed:

• Copyright Assignment Agreement (notarized)
• Form DCS (cover sheet)

Step 2 – Pay Filing Fee

Submit the filing fee .

Standard assignments send to:

Library of Congress, Copyright Office–DOC LM 433, 101 Independence Avenue SE Washington, DC 20559-6000

If Declaration of Ownership in Musical Works (DOMW) , send to:

Copyright Office–DOMW P.O. Box 71537 Washington, DC 20024-1537

Sample  Copyright Assignment Agreement

Download: PDF , MS Word , OpenDocument

ASSIGNMENT OF COPYRIGHT

I. THE PARTIES. This Assignment of Copyright (“Agreement”) made this [ EFFECTIVE DATE ] (“Effective Date”) is by and between:

Assignor: [ ASSIGNOR’S NAME ], with a mailing address of [ ASSIGNOR’S ADDRESS ] (“Assignor”), and

Assignee: [ ASSIGNEE’S NAME ], with a mailing address of [ ASSIGNEE’S ADDRESS ] (“Assignee”).

The Assignor and the Assignee are each referred to herein as a “Party” and collectively as the “Parties.”

II. ASSIGNMENT OF AUTHORED WORKS. The Assignor, through this Agreement, assigns to the Assignee of all the Assignor’s interest in:

a. The following registered copyrighted work(s) (“Work(s)”):

Copyright #1 • Author Name: [ AUTHOR’S NAME ] • Title of Work: [ TITLE OF WORK ] • Registration Number: [ REGISTRATION NUMBER ] • Registration Date: [ REGISTRATION DATE ]

Copyright #2 • Author Name: [ AUTHOR’S NAME ] • Title of Work: [ TITLE OF WORK ] • Registration Number: [ REGISTRATION NUMBER ] • Registration Date: [ REGISTRATION DATE ]

Copyright #3 • Author Name: [ AUTHOR’S NAME ] • Title of Work: [ TITLE OF WORK ] • Registration Number: [ REGISTRATION NUMBER ] • Registration Date: [ REGISTRATION DATE ]

b. All the usual rights granted to the owner of a copyright under federal law, including but not limited to the right to reproduce, publish, adapt, modify, distribute, create derivative works on, display, publicize, and transmit each Work; c. The registrations as well as applications for registrations of each Work, including any and all renewals and extensions; d. The income, royalties, and damages due to the Assignor in regards to each Work, including damages for past or future infringements and misappropriations for each Work; e. The right to sue for past, present, and future infringements and misappropriations for each Work.

III. ASSIGNMENT PURCHASE. The Assignee agrees to pay $[ PRICE ] for the above granted rights (Section II) and complete this payment no later than [ DATE ].

IV. RECORDATION. The sole responsibility for filing this assignment with the United States Copyright Office within a reasonable time period after signing, as well as for paying any and all associated fees for said filing, is left to the:

☐ – Assignor

☐ – Assignee

V. FURTHER USE OF WORK. The nature of this Agreement and assignment is:

☐ – Non-Exclusive. After the effective date of this Agreement, the Assignor shall be granted a non-exclusive, royalty-free license to use the Work(s), including for but not limited to the creation of derivative works.

☐ – Exclusive. Once the effective date has passed, the Assignor may not make any further use of the Work(s) or derivatives thereof without written, authorized consent from the Assignee and further may not challenge the Assignee’s use or ownership of the Work(s) or the validity of the Work(s)

VI. AUTHORSHIP. In relation to authorship rights, following the effective date of this Agreement, the Assignor:

☐ – Will Retain Authorship Rights. The Assignor maintains the right to be identified as the rightful author of the Work(s) whenever the Work(s) are reproduced, published, or otherwise publicly displayed.

☐ – Will Not Retain Authorship Rights. The Assignor relinquishes all future claims to authorship.

VII. NO EARLY ASSIGNMENT. The Assignee will not assign or otherwise encumber its interest in the Work(s) or any associated copyrights until it has paid the full Consideration detailed in Section III of this Agreement.

VIII. DOCUMENTATION. The Assignor will provide all documentation relating to the Work(s) for the Assignee’s record-keeping needs, assertion of rights, or for any other use. They will likewise sign any additional agreements or complete any other lawful action reasonably necessary for a successful filing of the assignment with the United States government.

IX. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws located in the State of [STATE].

X. ASSIGNMENT AND DELEGATION. The Assignor and the Assignee will each defend, indemnify, and hold the other harmless (including all affiliates, successors, assigns, employees, agents, officers and the like) against all losses, damages, deficiencies, liabilities, awards, penalties, or expenses of whatever kind, including attorneys’ fees and related legal fees, incurred by themselves in connection with any claims, suits, actions, demands, or judgments arising out of this Agreement.

XI. SEVERABILITY. If any portion of this Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

XII. ADDITIONAL TERMS. [ ADDITIONAL TERMS & CONDITIONS ]

XIII. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the Parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both Parties.

XIV. EXECUTION. The Assignor and the Assignee each represent and warrant to the other that each person executing this Agreement on behalf of each party is duly authorized to execute and deliver this Agreement on behalf of that party.

Assignor’s Signature: _________________________ Date: ________________

Print Name: _________________________

Assignee’s Signature: _________________________ Date: ________________

How to Write

Article i. the parties.

(1) Date Of Copyright Agreement. The date when this agreement is active between the Assignor and Assignee should be presented. Commonly this is the signature date between these two Parties.

(2) Assignor Name. The Author or Owner of the concerned intellectual property who is releasing the right to reproduce, present such property to another Party through this agreement should be identified by name. This record requires that the legal name of the Assignor is documented. This cannot be an alias or a ‘pen’ name.

(3) Assignor Address. The business address of the Assignor is required. This should be a well-monitored address where notices sent will be guaranteed to reach the Assignor.

(4) Assignee Name.  The Party that intends to purchase the copyright according to this agreement is to be identified as well. In many cases, this will be a Business Entity, therefore name this Party by recording the full name of the Entity purchasing the copyright making sure that any status suffix (such as “corp.”) is included if it is a part of the legal name of the Purchasing Entity. If this is a Private Party, such as an individual, then make sure his or her full name (first, middle, and last) is presented.

(5) Assignee Address.  The mailing address where the Assignee can be contacted or sent notices should be documented.

Article II. Assignment Of Authored Works

Copyright #1

(6) Author Name. The Assignor and the Author may be the same person or two separate Parties. Therefore, identify the Author of the concerned intellectual property.

(7) Title Of Work. The title that the written piece is known as must be transcribed exactly as it appears on the original written work.

(8) Registration Number. Record the twelve-digit copyright registration number assigned to the work by the United States Copyright Office.

(9) Registration Date. Furnish the date when the copyright registration number was designated to the concerned work.

Copyright #2

(10) Author Name. If an additional document must fall under this agreement it must be identified. Produce the full name of the Author behind the material being discussed.

(11) Title Of Work. The exact title of the additional work that the Assignee will be able to access and use through this agreement must be dispensed.

(12) Registration. If the material is copyrighted or pending, the twelve-digit copyright registration number it is associated with as well as the copyright date should be produced where requested.

Copyright #3

(13) Author Name. There is no limit to the number of works that can fall under this agreement. Therefore a third area has been supplied to name the Author of a third work the Assignor and Assignee wish to include. If more written works must be included then make sure an attachment is furnished to identify them.

(14) Title Of Work. If a third work will be subject to this agreement, then produce its title precisely as it appears on the original work.

(15) Registration. Deliver the official copyright registration number (twelve-digits) along with the copyright date reserved for the titled work to the available spaces.

Article III. Assignment Purchase

(16) Payment Due. The dollar amount the Assignee must pay the Assignor to gain the right to reproduce the named property above, use, or present the intellectual property this agreement discusses should be established.

(17) Due Date Of Assignee Payment. The final date when the Assignor must receive the Assignee’s payment should be solidified in Article III.

Article IV. Recordation

(18) Copyright Responsibility. All works to be copyrighted must be done so through the United States Copyright Office. The Party responsible for effecting a formal copyright or maintaining it on the discussed material must be identified with a selection of one of the choices in Article IV. If the Assignor will be responsible for this task then select the first checkbox however if the Assignee will be responsible for copyrighting or maintaining a current copyright of the concerned material then the second checkbox must be marked.

Article V. Further Use Of Work

(19) Non-Exclusive Use. If the work(s) this agreement concerns will call for the Assignor to maintain the right to use the concerned work(s) including the right to create additional works based on this intellectual property, then select the first checkbox statement to establish that the intellectual property will not become the exclusive property of the Assignee.

(20) Exclusive Use. If the Assignee intends to purchase the exclusive rights to the work, obligating the Assignor to seek written consent when wishing to use the work further, then select the second checkbox statement.

Article VI. Authorship

(21) Assignor Retains Authorship Rights. Select the first checkbox in Article VI if this agreement shall call for the Assignor to be identified at all times as the author of the works being discussed.

(22) Assignor Will Not Retain Authorship Rights. If the Assignor agrees to release all rights to being known as an Author of the concerned work, the second checkbox will need to be selected.

Article IX Governing Law

(23) State Of Effect. The state where this agreement will seek enforcement from the courts and whose laws apply to the conditions the Assignor and Assignee agree to must be identified in the ninth article.

Article XII

(24) Additional Terms.  All conditions and terms that govern how the Parties shall behave with the intellectual property or work must be included in this paperwork by the time each sign it. Article Twelve shall provide the area needed for a presentation of this information. Additionally, a reference to an attachment with this information may be presented in its content. In such a case, make sure such a document is physically attached for review to this agreement by the time each Party executes his or her signature.

XIV. Execution

(25) Assignor’s Signature. The Assignor who is releasing some or all of his or her claim to the copyright should review every article carefully. If any attachments are made, these too, should be read through to his or her satisfaction. When ready, he or she should sign the signature area provided to acknowledge the conditions and terms of this paperwork.

(26) Assignor’s Printed Name.

(27)  Signature Date.

(28) Assignee’s Signature. The Party who will be able to access and use the work being discussed by meeting the conditions of this agreement must sign his or her name as the Assignee once he or she is satisfied with its content. As discussed earlier, the Assignee may be a Business Entity. If so, then a Signature Representative, appointed by the Business Entity, may sign this document as the Assignee.

(29) Printed Name Of Assignee.  The printed name of the Signature Party entering this agreement as the Assignee must be supplied below his or her signature.

(30)  Signature Date.  

• Copyright Search
• 17 U.S.C. § 205(a)