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Assignment of Copyrights & Legal Implications

Copyright gives authors a bundle of personal property or economic rights in an original work of authorship. These rights include the rights to reproduce, create derivative works, distribute work to the public, publicly perform a work, publicly display visual works, and digitally transmit sound records. They belong exclusively to a copyright holder.

Usually, the copyright holder is the person who created the work. However, any of these economic rights, or any part of these economic rights, can be transferred. Under the Visual Artists Rights Act (VARA), an artist’s moral rights in a work of fine art can be waived but not assigned.

An original owner who assigns their copyright to someone else will not retain any right to control how the work is used.

The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale. The original copyright owner sells the rights to a third party and cannot control how the rights are used, just as they would not be able to control how personal property that they sold was used once it was transferred.

Generally, a license is preferable if a copyright holder expects to continue exercising interests and control over the work. For example, if you assign your copyright in a song to a music producer, the decision about whether to allow a film studio to use your song in a film will belong to the producer, not to you. If you license your copyright in a song in a limited capacity to a music producer, however, you will continue to be able to license your copyright in the song to a film producer.

Assignments can be used for many different purposes, such as security for debt, as an asset passed to heirs, or as part of the distribution of assets after a bankruptcy proceeding. Once you assign your rights to somebody else, however, you are permanently giving away your right to control the work. That means if you try to exercise any of the rights you have assigned, you are committing copyright infringement even though you created the work. If you assign your copyright to somebody else and regret the loss, you may be able to buy your copyright back from that person, but whether or not to sell it back to you is up to the assignee.

How Is Copyright Assigned?

Under Section 204 , a transfer of ownership is only valid if the instrument, note, or memorandum of transfer is in writing, signed by the copyright owner or their duly authorized agent. Generally, a certificate of acknowledgment is not required for the transfer to be valid, but it can be used as prima facie evidence that a transfer was executed if it is issued by someone authorized to administer oaths in the United States or, if the transfer is executed abroad, if the certificate is issued by a United States diplomatic or consular official, or a person authorized to administer oaths who also provides a certificate.

Formally recording an assignment with the Copyright Office is not required but can be advantageous.

You do not have to record an assignment in order to assign the interest. However, there are advantages to recording the assignment, such as creating a public record of the transfer details, giving constructive notice to members of the public, establishing priority of rights when there are conflicting transfers of ownership, validating the transfer of the copyright against a third party, or in some cases perfecting a security interest.

Last reviewed October 2023

Intellectual Property Law Center Contents

Intellectual Property Law Center
Copyright Infringement & Related Lawsuits
Copyright Ownership Under the Law
Assignment of Copyrights & Legal Implications
Copyright Licensing Under the Law
Copyright Registration Under the Law
Safe Harbors for Online Service Providers Under Copyright Law
Criminal Copyright Infringement Laws
Enforcement of Copyrights Through Lawsuits & Criminal Charges
Fair Use Defense to Copyright Infringement Lawsuits
Software Development Agreements & Related Legal Concerns
End-User License Agreements Imposing Legal Restrictions on Software
Lists, Directories, and Databases Under Copyright Law
Photos of Buildings and Architecture Under Copyright Law
Photos of Copyrighted or Trademarked Works & the Fair Use Defense to Infringement Lawsuits
Works in the Public Domain After Copyrights Legally Expire
Copyrights and Credits for Songwriters Under the Law
Music Samples and Copyright Infringement Lawsuits
Playing Music in Stores or Restaurants — How to Avoid Copyright Infringement Lawsuits
Consignment Sales by Artists to Stores & Legal Protections
Destruction of Copyrighted Works & Limited Legal Protections
Copyright Legal Forms
Trademark Law
Trade Secret Law
Choosing Among Patent, Copyright, and Trademark for Legal Protection
Intellectual Property Law FAQs
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Copyright Licenses and Assignments

One of the primary benefits of copyright ownership is the ability to transfer some or all of those rights to third parties. These transfers can be for all of the copyright rights in a work (which is generally referred to as an outright assignment), or can be for a limited portion of the rights provided by the Copyright Act (which usually takes the form a copyright license).

The BitLaw discussion of assignments and licenses is divided into the following four sections:

transfers in general
implied licenses
termination of transfers
recordation of transfers

Transfers in General

Copyright is a personal property right, and it is subject to various state laws and regulations that govern the ownership, inheritance, or transfer of personal property. It is probably best to view copyright as a bundle of rights. The rights included in that bundle are the rights granted by the U.S. Copyright Act, as described in the BitLaw discussion on the scope of copyright protection . Any or all of these rights, or any subdivision of those rights, may be transferred.

A transfer of one of these rights may be made on an exclusive or nonexclusive basis. The transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed. Transfer of a right on a nonexclusive basis does not require a written agreement. For example, the author of a novel, as the original copyright owner of the novel, could transfer to a publisher the exclusive right to copy and distribute a novel (under the right of reproduction and distribution ), and also grant a screen play writer the nonexclusive right to create a movie script based on that novel (under the right to create derivative works ). The author's agreement with the publisher would have to be in writing to be valid. However, the agreement with the screen play writer could be oral and still be enforceable.

A transfer of copyright rights is usually either an assignment or a license. An assignment of copyright rights is like the sale of personal property. The original owner sells its rights to a third party, and can no longer exercise control over how the third party uses those rights. A license (or more properly "an express license") is an agreement where the copyright owner maintains its ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license will be preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

A typical software license agreement is a copyright license agreement. The owner of the copyright in the software wishes to grant the end-user the right to utilize the software in a restricted manner. In return, the end-user may agree to limit its use of the software in a variety of ways and to pay a license fee payment to the copyright owner.

Implied Licenses

An implied copyright license is a license created by law in the absence of an actual agreement between the parties. Implied licenses arise when the conduct of the parties indicates that some license is to be extended between the copyright owner and the licensee, but the parties themselves did not bother to create a license. This differs from an express license in that the parties never actually agree on the specific terms of the license. The purpose of an implied license is to allow the licensee (the party who licenses the work from the copyright owner) some right to use the copyrighted work, but only to the extent that the copyright owner would have allowed had the parties negotiated an agreement. Generally, the custom and practice of the community are used to determine the scope of the implied license.

Implied licenses have been used to grant licenses in situations where a copyrighted work was created by one party at the request of another. In one case, a special effects company was hired to create a specific effect for a horror movie. The contract through which the special effects company was hired did not assign the copyright in the effect, and did not provide for a license for the effect to be used in the horror movie. The court ruled that the effect could be used in the horror movie through an implied license, since the effect was created with the intent that it be used and distributed in the movie.

A commonly discussed scenario where implied licenses are destined to play a major role is on the World Wide Web. When a Web page is viewed in a Web browser, the page is downloaded through the Internet and placed on the user's screen. It is clear that a copy of the Web page is being made by the user. It is also clear that the Web page is protected against unauthorized copying by copyright law. But it would not make sense to allow the author of a Web page to sue a user who viewed her page, since the author intended that the page be viewed by others when she placed it on the World Wide Web. Rather, attorneys argue, courts should find that the Web page author has given end users an implied license to download and view the Web page. The extent of this implied license is unclear, and may someday be defined by the courts.

Termination of Transfers

Although a copyright owner is free to transfer her copyright rights as she sees fit, the Copyright Act contains a non-revocable right for a copyright owner to terminate any copyright transfer. The purpose for this is to give the creator of the work or the creator's heirs a second chance to exploit the work in situations where the value of the work may have been significantly enhanced since the original transfer. Generally, there is a five year window of time to accomplish the termination beginning either at

35 years from the assignment if the transfer was made on or after January 1, 1978; or
56 years from the date copyright was originally secured if the transfer was made before January 1, 1978.

The ability to terminate a transfer cannot be negotiated away. Thus, the author of a valuable book has the right to reclaim the copyright in the book by terminating the transfer, even if the agreement signed by the author stated that the assignment of her copyright rights was permanent and irrevocable. Exceptions to this ability to terminate a transfer are made for those parties who created derivative works prior to the termination (see the BitLaw discussion on derivative works for more information on this subject). In addition, works made for hire are not subject to this termination of transfer right (works made for hire are discussed in the BitLaw section on copyright ownership ).

Recordation of Transfers

A document that transfers copyright ownership or any other document pertaining to a copyright may be recorded in the Copyright Office. Although recordation is not required to make a valid transfer of a copyright, recordation of the transfer document does provide certain legal advantages and may be required to validate the transfer as against third parties.

Today’s Assignment: How to Assign a Copyright

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Today’s Assignment: How to Assign a Copyright

This practice note covers the fundamentals of copyright assignments and rules for works made for hire, assignments from independent contractors or freelancers, partial copyright assignments, and recordation of copyright assignments. It includes links to the Nimmer on Copyright sections on transfer formalities, recordation of transfers, and construing the scope of assignments and other transfers for additional guidance and to help you continue your research and deepen your understanding of key tasks and areas of law.

READ NOW »

Copyright Assignment Agreement

Jump to section, what is a copyright assignment agreement.

A copyright assignment agreement is a legal document transferring the ownership and rights of a specific creative work or works. A copyright assignment agreement protects the rights of parties involved by clarifying and providing a record of ownership of a work, especially in the event of a transfer.

Notarization of a copyright assignment agreement is not legally required, but it is always a good idea to get an agreement like this notarized. Copyright assignment agreements can cover works such as writing or artwork and are sometimes known as a sales agreement for copyright.

Common Sections in Copyright Assignment Agreements

Below is a list of common sections included in Copyright Assignment Agreements. These sections are linked to the below sample agreement for you to explore.

Copyright Assignment Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-10.15 16 d437016dex1015.htm INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT , Viewed October 13, 2021, View Source on SEC .

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Published By Stanford Copyright and Fair Use Center

When performing copyright research, you may have questions about copyright rules or terminology. For example, you may uncover a registration indicating the work is “made for hire,” or you may find a document indicating that the copyright has been “reclaimed” by the author. Below are some answers to frequently asked questions (FAQs) about copyright ownership and transfers.

Ignore Heading – Content

Ignore heading – sub heading content, ignore heading – sub table content, what is a work made for hire.

Usually, the person who creates a work is also the initial owner of the copyright in the work. But this isn’t always the case. Under some circumstances, a person who pays another to create a work becomes the initial copyright owner, not the person who actually created it. The resulting works are called “works made for hire” (or sometimes simply “works for hire”). There are two distinct types of work that will be classified as made for hire:

a work created by an employee within the scope of employment, or
a commissioned work that falls within a certain category of works and that is the subject of a written agreement. (The types of works that qualify and other relevant requirements are explained in more detail in Chapter 15.)

If the work qualifies under one of these two methods, the person paying for the work (the hiring party) is the author and copyright owner. If you want to use the work, you should seek permission from the employer or hiring party, not the person who created the work. If in doubt, you may be able to determine work-for-hire status by examining the copyright registration.

What Is a Transfer of Title?

The person who owns a copyright is sometimes referred to as having “title” to the copyright. A “title” is the document that establishes ownership to property, like the title to your car or house. But even in the absence of an official document, the owner of a copyright is often said to have title to it.

Just like title to your car or house, title to a copyright can be sold or otherwise transferred. A person or company can have ownership (title) of a copyright transferred to it by means of an assignment (a sale in which all or part of a copyright is transferred) or through a will or bankruptcy proceedings. Since title to a copyright can be transferred, you may have to search copyright records to determine the current owner of a work you want to use.

There are two ways to determine if copyright ownership has been transferred: by reviewing the copyright registration certificate issued by the Copyright Office, or by locating an assignment or transfer agreement. By reviewing the copyright registration certificate, you can find out who currently claims copyright and on what basis. For example, if a publisher has been assigned copyright to a work, it will file a copyright registration in its own name and indicate on the registration that it acquired copyright through a legal transfer. Also, many companies file the agreement that establishes the assignment, license, or transfer with the Copyright Office. For example, if an artist assigned his work to a company, the company could file the assignment document with the Copyright Office.

What Is a Termination of a Transfer?

Sometimes an author transfers copyright to someone and then later the author reacquires it through a process known as “terminating a transfer.” Copyright laws provide a method by which authors can reclaim rights after a number of years. This termination and reclamation process is complex, and the rules differ depending on when the work was first published. As a very general rule, transfer terminations occur between 28 and 56 years after the first publication. Terminations are filed with the Copyright Office and can be located by researching Copyright Office records.

For more information on terminations of transfers, see Chapter 9 of The Copyright Handbook by attorney Stephen Fishman (Nolo).

What If More Than One Person Owns a Copyright?

A common question is whom to ask for permission if several people jointly own a copyright. Co-ownership of copyright can occur in various ways.  For example, if:

two people jointly create a work
the author transfers portions of the rights to different people  (for example, giving half to each child), or
the author sells a portion of the copyright to someone and keeps  the remainder.

Co-owners of copyright have a legal status known as “tenants in common.” When a co-owner dies, his or her share goes to his or her beneficiaries or heirs, not to the other co-owner. Each co‑owner has an independent right to use or non exclusively license the work—provided that he or she accounts to the other co‑owners for any profits. What this means for our purposes is that if you obtain the permission of any one co-owner, you can use the work. However, there are a few exceptions to this rule, as explained in the next section.

You can determine whether there is co-ownership of a certain work by reviewing Copyright Office documents. For example, a registration for a song might indicate that a composer and a lyricist co-own a song.

When Must You Get Multiple Permissions?

There are several situations in which you must obtain permission from all the co-owners of a work instead of just one. All co-owners must consent to an assignment of the work (a transfer of copyright ownership) or to an exclusive license (an agreement granting rights solely to one person).

Is There a Difference Between an Author and a Copyright Owner?

The author is the first owner of copyright. The author is either the creator of the work or the person who employs someone to create the work (see work-for-hire rules discussed above). Many authors do not retain their copyright ownership; they sell or transfer it to someone else in return for a lump sum payment or periodic payment known as a royalty. In this way, the author and copyright owner (sometimes referred to as “copyright claimant”) may be two different people. Even if you do not know the name of the current copyright owner, knowing the name of the author will help you find the owner in the Copyright Office records.

What If a Work Does Not Contain a Copyright Notice?

It’s common to start copyright research by examining the copyright notice. However, in some cases, the notice may be missing from the work. One reason you may not find a notice is because notice is not required on works first published after March 1, 1989. In addition, for works published prior to that date, notice is required only on visually perceptible copies—that is, copies that can be seen directly or with the aid of a device such as a film projector. Printed books, paintings, drawings, films, architecture, and computer programs are all visually perceptible. However, some works are not visually perceptible, such as a song on a compact disc. But copyright notice would be required if the song lyrics were printed on the album cover.

Another reason that a work may not include notice is that the owner failed to affix it, which may result in the loss of copyright. For works first published before 1978, for example, the absence of a copyright notice from a published copy generally indicates that the work is not protected by copyright. The absence of notice on works published between January 1, 1978 and March 1, 1989 may or may not result in the loss of copyright, depending on whether the owner corrected the error within five years of the publication and met other copyright law requirements.

What If There Is a Copyright Notice for an Entire Magazine but Not for the Specific Article You Want to Use?

If a story or a photograph is used in a magazine, there may be a copyright notice for the magazine but not for the specific story or photo that you want to use. That’s because the owners of magazines, anthologies, or greatest hits collections in which many different copyrighted works are collected (referred to as “collective works”) can use one copyright notice to protect all the works in the collection. This does not necessarily mean that the magazine owns the copyright in all of the works. It may or may not, depending on the contract with the author or photographer. Copyright Office research may not necessarily help you locate copyright information for these works because they may not be listed separately by title in the records. You may be better off contacting the owner of the collective work directly. The principles for contacting copyright owners are explained in the chapters dealing with specific media (text, artwork, photographs, and so on).

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Understanding the Key Elements of a Copyright Assignment Agreements

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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom. Also note: This is not legal advice.

Introduction

For creators and owners of intellectual property, copyright assignment agreements are a crucial tool for protecting their interests. These agreements allow the original creator to transfer ownership of copyright to a new owner while receiving appropriate compensation or maintaining certain rights. If not properly crafted and registered, this can lead to legal disputes, financial losses and other serious consequences.

The Genie AI team has experience in drafting these agreements to ensure that the original creator is compensated fairly and retains any rights they wish. This is done by including such elements as a lump sum payment, royalties or license back clause which allows the original creator to continue using their work for certain purposes only. It is also important that both parties understand the obligations that come with signing such an agreement in order to avoid any misinterpretations which could lead to future complications.

When it comes to international copyright protection, it’s essential that these agreements are legally registered with the relevant authorities. This guarantees that both parties are held accountable if they breach any of the outlined terms and conditions, allowing any potential disputes or miscommunications between them in future. Additionally, proper registration means that all stakeholders have a clear understanding of who owns what right - ensuring everyone can benefit from the expected outcomes of this agreement accordingly.

At Genie AI we understand how important it is for creators and owners of intellectual property to protect their rights - which is why we offer free templates from our open source legal template library as well as step-by-step guidance on how best to complete your own copyright assignment agreement correctly and confidently from start-to-finish . With millions of datapoints teaching us what market-standard looks like for each document type - you don’t need an account with us or even have to pay a lawyer – just read on below for more information on accessing our library today!

Definitions (feel free to skip)

Copyright: The exclusive legal right to reproduce, publish, or sell an original work of authorship, such as a book, film, or song.

Transferring: Moving ownership of something from one party to another.

Assigning: Granting permission to use or access something that belongs to another party.

Work Made for Hire: A work that is specially commissioned by an employer or client and is considered to be owned by them.

Consideration: The amount of money or other form of compensation that is paid in exchange for something.

Infringement: An unauthorized use or violation of another’s intellectual property rights.

Misattribution: The incorrect attribution of a work to its creator.

Execution: The signing and witnessing of a document by the parties involved in order to make it legally binding.

Discuss the purpose of a copyright assignment agreement

Explain why copyright assignments are important, describe the benefits of assigning copyright, explain the differences between transferring and assigning copyright, outline the key distinctions between the two, outline the key terms in a copyright assignment agreement, explain the concept of the “work made for hire”, describe the rights the assignee will receive, explain the duration of the copyright, outline the rights retained by the assignor, describe the potential risks involved in a copyright assignment, explain the risks of infringement, describe the risks of misattribution, explain the potential financial risks, explain the requirements for a valid copyright assignment agreement, outline the necessary elements, explain the need for consideration, describe the requirements for execution, provide best practices for the drafting and execution of a copyright assignment agreement, explain the importance of clarity, describe the importance of precision, outline the importance of accuracy, explain the importance of review and due diligence, offer suggestions for alternatives to a copyright assignment agreement, explain the concept of a licensing agreement, describe the concept of a work-for-hire agreement, explain the concept of an “implied license”, outline the concept of a co-ownership agreement, get started.

Understand what a copyright assignment agreement is
Learn the purpose of a copyright assignment agreement
Identify the benefits of a copyright assignment agreement

When you can check this off your list and move on to the next step:

When you have a good understanding of the purpose of a copyright assignment agreement
When you understand the benefits of a copyright assignment agreement
Understand why copyright assignments are important in protecting a creator’s rights to their work
Understand that copyright assignments are used to transfer all or part of a creator’s rights of ownership to another party, such as a publisher, production company, or record label
Understand that copyright assignments are legally binding and enforceable
Understand that copyright assignments provide the assignee with exclusive rights to the work, such as the right to reproduce, distribute, modify, and perform it
Understand that without a copyright assignment, the original creator is the only one who has the right to use their work in any way
Understand that copyright assignments guarantee that the assignee will be paid for their use of the work
When you can explain why copyright assignments are important, you can move on to the next step.
A copyright assignment agreement allows the assignee to obtain exclusive rights to the work, including the right to reproduce, distribute, and adapt the work.
An assignment of copyright also allows the assignee to obtain the right to receive royalties for the work, as well as the right to license the work to third parties.
Copyright assignments can help ensure that the author is compensated for their work and that their rights are protected.
With a copyright assignment, authors can also be sure that their work is not used without their permission or for any unauthorized purpose.

Once you have described the benefits of assigning copyright, you can check this step off your list and move on to the next step.

Transferring copyright involves giving up all rights to the copyrighted material and transferring them to another party.
Assigning copyright involves transferring some or all of the rights to the copyrighted material to another party.
Transferring copyright is often permanent, while assigning copyright may be temporary.
Transferring copyright requires the original owner to give up all rights to the material, while assigning copyright allows the original owner to retain some rights.
When you have a clear understanding of the differences between transferring and assigning copyright.
Transferring copyright means the originator of the work keeps all rights to the work, but allows another party to use the work under certain conditions
Assigning copyright means the originator of the work transfers all rights to the work to another party, and no longer retains any rights to the work
Transferring copyright is less permanent than assigning copyright, since the originator has the option of terminating the agreement and reclaiming the rights to their work
Assigning copyright is more permanent and involves the originator giving up all rights to their work in exchange for a specified payment

Once you understand the differences between transferring and assigning copyright, you can move on to outlining the key terms in a copyright assignment agreement.

• Understand the definition of a “copyright assignment agreement.” A copyright assignment agreement is a legally binding contract in which the copyright owner of a work transfers the rights and ownership of the work to another party. • Learn about exclusive vs. non-exclusive assignments. An exclusive assignment is when the copyright owner transfers all rights to the work to the other party. A non-exclusive assignment is when the copyright owner transfers some rights to the work to the other party. • Identify the rights granted in the agreement. These rights can include reproduction, distribution, modification, and public display of the work, as well as the rights to create derivative works based on the original. • Understand the term of the agreement. This is typically the period of time for which the rights are being assigned. • Learn about the payment terms. This is the amount of money that is being paid for the assignment of the copyright. • Make sure to include a warranty and indemnification clause. This clause states that the copyright owner is warranting that they have the right to transfer the rights in the work and that they will indemnify the other party if they are sued for infringement of copyright due to the assignment. • Know that any document that transfers copyright must be in writing and signed by both parties.

When you have read and understood the above points, you can check this off your list and move on to the next step.

Understand what a “work made for hire” is and its implications for copyright assignment agreements
Learn when a “work made for hire” applies to a copyright assignment agreement
Familiarize yourself with the different types of works that can qualify as a “work made for hire”
Understand how authorship is determined in a “work made for hire”

Once you understand the concept of the “work made for hire” and its implications for copyright assignment agreements, you can move on to the next step of describing the rights the assignee will receive.

Understand the scope of the rights being transferred - what types of uses are being authorized by the transfer?
Determine if the assignee is receiving exclusive or non-exclusive rights
Identify whether the assignee has the right to sublicense or transfer the rights to another
Determine if the assignee has the right to modify or make derivative works of the copyrighted content

Once you have a clear understanding of the rights the assignee will receive, you can move on to the next step, which is to explain the duration of the copyright.

Understand what duration of the copyright means - Duration of the copyright is the length of time that the copyright will be assigned to the assignee. It’s important to understand the duration of the copyright as it determines how long the assignee will be able to exercise the rights granted to them.
Read the copyright assignment agreement to determine the duration - When reading the copyright assignment agreement, look for any language that specifies the duration of the copyright. This may include the length of time the rights are being assigned for, the date the agreement begins and ends, or other references to the duration of the copyright.
Make sure the agreement clearly specifies the duration of the copyright - Make sure that the agreement clearly states the duration of the copyright as this will help to avoid any confusion or misunderstandings between the assignor and assignee.
Check off this step when you’ve read the agreement and understand the duration of the copyright - Once you have read the agreement and understand the duration of the copyright, you can check this step off your list and move on to the next step, which is outlining the rights retained by the assignor.
Research the rights reserved by the assignor by reading the Copyright Assignment Agreement
Note the rights retained by the assignor, such as the right to use the copyright material for personal use, the right to modify the copyright material, and the right to use the copyright material in future works
Check that the Copyright Assignment Agreement does not give the assignee exclusive rights to the copyright material
Make sure the assignor has preserved the right to be credited for their work
Ensure the assignee does not have the right to transfer the copyright to another person or entity
When you have outlined the rights retained by the assignor, you can move on to the next step.
Understand the potential risks if the assignor fails to follow the terms of the copyright assignment agreement
Be aware of the possibility of copyright infringement if the assignor does not have the right to transfer the copyright
Consider the legal risks if the assignor does not get the permission of any other parties who may have rights to the copyright
Recognize the potential for damages if the copyright assignment agreement is breached
Understand that copyright assignments are a form of contract and can be enforced in court

Once you have a complete understanding of the potential risks involved in a copyright assignment agreement, you can move on to the next step.

Understand the difference between copyright infringement and misattribution of a copyrighted work
Know the legal consequences of infringement, including the potential for liability and damages
Understand the different types of infringement and the legal consequences of each
Learn about the potential remedies for copyright infringement, such as injunctions and damages
Be aware of the potential risks associated with the unauthorized use of another’s copyrighted work
Know how to identify infringing works and how to protect yourself from potential infringement claims
Be aware of the relevant copyright laws and related regulations in your jurisdiction

Once you have a solid understanding of the risks of infringement, you can move on to the next step of describing the risks of misattribution.

Understand the importance of accurately attributing authorship or ownership of works
Learn the risks of misattribution, such as potential reputational damage and legal liability
Identify potential scenarios where misattribution could take place, such as when two or more parties are involved in the creation of a work
Read through copyright assignment agreements thoroughly to ensure that all authors or owners are accurately attributed
Ensure that the proper names, contact information, and other important details are included in the agreement

Once you have reviewed the risks of misattribution, you can check this off your list and move on to the next step: Explaining the potential financial risks.

Understand how assigning a copyright could negatively affect the creator’s income.
Research how the creator will be compensated for their work.
Determine if the creator will receive royalties for future income or will be paid a one-time fee.
Consider the potential legal costs associated with copyright infringement.
Identify any other financial risks that could arise from the copyright assignment agreement.

Once you have a comprehensive understanding of the financial risks associated with a copyright assignment agreement, you can move on to the next step.

A valid copyright assignment agreement must be in writing and signed by both parties
It must include the title of the work being assigned, the date the assignment is effective, and the names of the assignor and assignee
The agreement must clearly state the assignor’s intent to transfer the copyright to the assignee
The agreement must include language that grants the assignee exclusive rights to use, reproduce, and distribute the work
The agreement should also include language that requires the assignee to provide proper attribution to the assignor

Once you have these elements outlined in the agreement, you can check this step off your list and move on to the next step.

Identify the parties involved, including the assignor and assignee
Specify what is being assigned, typically the copyright or copyright ownership
Include a description of the work, such as its title or specific details
Establish a timeline, including when the agreement begins and ends
Include a clause that states the assignor has full rights to the work and is authorized to make the assignment
Explain the need for consideration and how it is to be paid
Include a termination clause that outlines how the agreement can be ended
Specify the governing law for the agreement
Signatures of both parties, with a witness if necessary

You will know that you can check this step off your list and move on to the next step when you have identified and outlined all the necessary elements of a copyright assignment agreement.

Understand why a consideration is required in a copyright assignment agreement
Consideration is an exchange of value in a contract, which is necessary to make the contract enforceable
It is important to identify what is being exchanged between the parties and document it in the agreement
Consideration can be monetary (e.g. an upfront payment) or non-monetary (e.g. the promise to render a service)
When drafting a copyright assignment agreement, ensure that the consideration is adequately expressed in the agreement
Once the need for consideration is established and its form is expressed in the agreement, you can move on to the next step of outlining the necessary elements of a copyright assignment agreement.
Understand the requirements for a valid execution of a copyright assignment agreement
Identify the parties involved: the assignor and the assignee
Ensure that the assignor has the legal authority to transfer the copyright and that there is sufficient consideration for the transfer
Confirm that the agreement is in writing and signed by the assignor
Make sure that the agreement clearly states the copyright being assigned, the date of the assignment, and the duration of the assignment
Verify that the assignor acknowledges the transfer of copyright in the agreement
When all the requirements are met, you can feel confident that the copyright assignment agreement is valid and the transfer of rights has been secured.
Refer to the Copyright Act and any state specific laws that may apply.
Include a statement confirming the transfer of the copyright ownership.
Ensure the parties involved are clearly identified.
Make sure the agreement is in writing or is evidenced in writing.
Specify the scope of the assignment and its duration/term.
Include a warranty that the party transferring the copyright owns the copyright or has the authority to transfer it.
Include a non-compete clause, if applicable.
Make sure there is a dispute resolution clause.

Once all of these best practices have been implemented, you can check off this step and move on to the next.

Understand why clarity is essential when drafting a copyright assignment agreement
Make sure that all the terms of the agreement are clear and unambiguous
Identify the parties to the agreement and the works to be assigned
Establish the scope of rights being transferred and the payment for the assignment
Determine the jurisdiction and governing law of the assignment agreement
Outline the term of the agreement and the termination and/or renewal provisions
When all the terms of the agreement are clear, you can move on to the next step in the guide: Describe the importance of precision.
Precision is essential when drafting a copyright assignment agreement.
If there are any vague or ambiguous terms in the agreement, it could lead to costly disputes or misunderstandings over what rights are being assigned.
Review the agreement carefully to ensure that the scope of rights being assigned is clearly stated and that there is no room for misinterpretation.
Make sure that the language is specific and that each element of the agreement is clearly stated.
Once you are confident that the agreement is precise and unambiguous, you can check this step off your list and move on to the next step.
Understand the importance of accuracy in a copyright assignment agreement to ensure that rights are correctly transferred and not lost
Identify any potential inaccuracies in the agreement, such as incorrect names or dates, and ensure these are corrected before signing
Check that the agreement accurately and precisely outlines the rights assigned and that they match the expectations of the parties involved
Review and analyze the agreement to confirm that all relevant details are included, such as the scope of the assignment, the applicable duration, and applicable jurisdictions
Ensure the agreement is correctly worded and that any ambiguities are avoided to ensure the parties have a clear understanding of their obligations and rights
Once you have checked for accuracy and ensured any discrepancies are corrected, you can then move on to the next step.
Understand the importance of review and due diligence when drafting a copyright assignment agreement
Ensure that the agreement is clear and accurate in order to avoid any potential disputes
Identify any potential risks that may arise as a result of the agreement
Take the necessary steps to mitigate these risks and ensure the agreement provides adequate protection to both parties
Have a qualified legal professional review the agreement before signing to ensure all terms are legally binding
When you have finished reviewing the agreement and conducted the necessary due diligence, you can check this step off your list and move on to the next step.
Explain the concept of a license agreement, in which the copyright owner grants the licensee a set of rights to use the copyrighted material.
Research different types of licenses that could be used to grant specific rights to the licensee, such as exclusive licenses, nonexclusive licenses and statutory licenses.
Consider potential benefits of using a license agreement instead of a copyright assignment agreement, such as the ability for the copyright owner to retain some of the rights to the work and the potential for the licensee to obtain the rights to use the work without making a large monetary payment.
Contact a lawyer for more information on the legal implications of using a license agreement instead of a copyright assignment agreement.
Understand what a licensing agreement is: a contractual agreement between the copyright holder (the licensor) and a third party (the licensee) that allows the licensee to use the copyrighted material in exchange for payment or other consideration.
Research the types of licensing agreements available, such as exclusive and non-exclusive agreements, as well as the differences between them.
Consider the specific rights that the licensee will be granted and the limitations of those rights.
Review any other terms of the agreement, such as the duration of the agreement, the royalties that the licensor will receive from the licensee, any obligations of the licensee, and any restrictions on use or modification of the copyrighted material.
Understand the implications of breaching the licensing agreement.

You’ll know you can move on to the next step when you have a clear understanding of the concept of a licensing agreement, the types of licensing agreements, and the terms and implications of such an agreement.

Understand what a work-for-hire agreement is: It is a contract between two parties in which one party (the “Hirer”) assigns the copyright of a work to the other party (the “Hired Party”) in exchange for a fee or other consideration.
Determine what types of works are eligible for a work-for-hire agreement: Generally, the work must be specially commissioned and fall within certain categories of works, such as a contribution to a collective work, a translation, a supplementary work, a compilation, an instructional text, a test, answer material for a test, or an atlas.
Identify the rights that the Hirer will have under a work-for-hire agreement: These rights typically include the exclusive right to use, reproduce, distribute, and create derivative works from the copyrighted work.
Be aware of the key differences between a work-for-hire agreement and a licensing agreement: In a licensing agreement, the Hirer does not own the copyright but instead is merely granted a license to use the copyrighted work for a limited time and under certain conditions.

You will know you can check this off your list and move on to the next step once you have a general understanding of what a work-for-hire agreement is, the types of works that can be the subject of a work-for-hire agreement, the rights that the Hirer will have under a work-for-hire agreement, and the key differences between a work-for-hire agreement and a licensing agreement.

Understand what an implied license is: it is a type of agreement between two parties where one party grants the other party the right to use their work, without the need for a written agreement.
Know the different types of implied license, including perpetual, non-exclusive, and royalty-free.
Identify the rights and limitations that come with each type of implied license.
Be aware that implied licenses are often limited to one-time use, or may be limited to specific types of use.
Understand that implied licenses are implied in the absence of a written agreement and may be subject to the jurisdiction of the courts.
Be familiar with the concept of waiver of implied license.

You can check off this step when you have a clear understanding of the concept of an implied license, the different types of implied license, and the rights and limitations associated with each type.

Understand the concept of a co-ownership agreement, which is when two or more parties own a work or interest in a work
Know the key elements of a co-ownership agreement, including the ownership interests, rights granted, and the obligations and liabilities of each party
Identify the rights and responsibilities of each party in regards to the agreement, such as the right to exploit the work, the right to license the work, and the right to transfer the ownership interests
Understand the concept of “joint authorship”, which occurs when two or more authors contribute to a work in a way that makes them both authors
Familiarize yourself with the concept of “work-made-for-hire”, which is when an employer hires an independent contractor to create a work and, under the law, the employer is considered the author
Learn about the concept of “moral rights”, which give authors the right to the integrity of their work, including the right to be credited, the right to prevent distortion or modification, and the right to withdraw the work from the public

You will know you can check this off your list and move on to the next step when you have a thorough understanding of the concept of a co-ownership agreement, including the key elements, rights, and responsibilities of the parties involved.

John - What are the key elements of a copyright assignment agreement?

Asked by John on April 16th 2022. A: A copyright assignment agreement is an important legal document which assigns the rights of a copyright from one party, the copyright holder, to another, the assignee. The key elements of a copyright assignment agreement are:

Identification of the parties – The agreement must include the names and contact details of both the copyright holder and assignee.
Description of the work – The work being assigned must be described in detail, including any variations or modifications.
Rights granted – This should include a clear description of what rights are being assigned and which jurisdiction they apply to (e.g. US, UK or EU).
Term of the assignment – This should specify how long the assignment is valid for, or if it is an indefinite term.
Consideration – This should outline what consideration is being provided by the assignee in exchange for the rights granted.
Warranty – This should indicate that the copyright holder warrants that they have full power and authority to enter into the agreement and grant the rights specified in it.
Indemnity – This should specify that the assignee will indemnify and hold harmless the copyright holder from any claims related to the copyright assignment agreement.
Confidentiality – This should indicate that all information related to the agreement will remain confidential between both parties.
Termination – This should describe how either party can terminate the agreement.
Governing law – This should indicate which law governs any disputes related to the agreement.

Jane - How do I know if I need a copyright assignment agreement?

Asked by Jane on November 12th 2022. A: Whether or not you need a copyright assignment agreement depends on your particular situation and needs as a business or individual. Generally speaking, a copyright assignment agreement is necessary if you are transferring your copyright to another party for consideration (e.g. money). It’s also important to remember that different jurisdictions (e.g. USA, UK, EU) have different laws when it comes to copyrights and other intellectual property issues, so it’s essential to make sure you are familiar with those laws and how they may affect your specific situation before entering into any kind of agreement with another party. Additionally, if you are in an industry such as technology or software as a service (SaaS), you may need an additional layer of protection when it comes to intellectual property matters such as copyrights, so having a clear and detailed copyright assignment agreement is especially important in these cases.

Example dispute

Suing for breach of copyright assignment agreement.

A plaintiff can raise a lawsuit for breach of a copyright assignment agreement if they can prove that the defendant has violated the agreement in some way.
The plaintiff must be able to demonstrate that they have been harmed in some way due to the defendant’s breach of the agreement.
The plaintiff must provide evidence of copyright ownership, such as a written assignment agreement, to prove that the copyright infringement occurred.
The plaintiff may be able to recover damages related to the breach, including monetary damages, injunctive relief, or both.
The plaintiff may also be able to seek punitive damages if they can show that the defendant’s actions were particularly egregious.
Settlement may be reached through negotiation or mediation, or the court may decide the case.
In some cases, a jury may be used to decide the case and determine the amount of damages to be awarded.

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Copyright and Fair Use Guidelines

Disclaimier

What is copyright?

What is protected by copyright, what cannot be protected by copyright, who owns the copyright, what rights does a copyright holder have, what is a derivative work, how long does a copyright last, what is the public domain, what is a copyright license, what is a creative commons license, what is fair use.

Updated November 1, 2023

The information presented here is general information for educational purposes only. It is not a UMGC policy statement and does not constitute legal advice, nor does it take precedence over any rules or guidelines set by Course Development, the School of Arts and Sciences, the School of Business, or the School of Cybersecurity and Information Technology regarding selection and use of materials in the classroom and is not intended to be used as such. Faculty members should consult with their Program Director on any issues related to using materials in their classroom. Faculty and Program Directors can consult with Course Development for guidance on copyright and fair use based on the particular facts and circumstances under consideration. Course Development may seek legal advice from the Office of Legal Affairs as needed to address faculty concerns.

Consistent with USM Policy IV-3.20 – Policy on Intellectual Property [PDF] and UMGC Policy IV-3.20 – Intellectual Property , UMGC has developed this educational resource on the use of copyrighted materials. This resource describes general library and educational fair use and fair use exceptions for research and scholarly work. The purpose of this resource is to help UMGC faculty understand the basics of copyright and fair use. Students may also find this resource useful.

Copyright is a legal device that provides the author of a work of art, literature, or drama with the right to control how the work is used. Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works. The intent of copyright law is to advance the progress of knowledge by giving an author of a work an economic incentive to create new works.

Copyright protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. Other examples include websites, YouTube videos, online articles, blogs, videos, photographs, and many other types of works found online.

A work is protected by copyright law from the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device. In other words, a copyright exists from the time a work is written down or recorded. A copyright does not have to be registered to be protected; although, there are benefits of registration.

A work must be fixed, original and exhibit minimal creativity to be protected by copyright:

Fixation – A work is “fixed” when it is captured in a sufficiently permanent medium such that the work can be perceived, reproduced, or communicated for more than a short time. For instance, a work is fixed when it is written on a piece of paper, posted online, stored on a computer or phone, or recorded on an audio, video or electronic device.
Originality – An original work of authorship is a work that is independently created by a human author and possesses at least some minimal degree of creativity.
Minimal Creativity – If the work is based on a previous work, the new work must include something that is above and beyond the original work; however, there must just be a spark of creativity to meet this requirement. Verbatim use is not considered original or minimally creative.
Facts, ideas, systems, or methods of operation, although the method of expression may be protected;
Words, names, titles, slogans, or other short phrases or clauses, although they can be protected by trademark law if used in commerce to identify the source of goods or services;
Blank forms and similar works designed to record rather than to convey information;
Recipes or a mere listing of ingredients;
Government works, such as statutes, regulations, public ordinances, administrative rulings and judicial opinions – Note, however, that other works of state or local governments may be subject to copyright protection;
Works prepared for the U.S. government by independent contractors may be protected by copyright;
Information on government websites that are used by the government with permission of the copyright holder;
U.S. government works used in other countries may be protected under the copyright laws of other jurisdictions when used in these jurisdictions.
The original creator or author of the work owns the copyright, unless the copyright was created as a “work made for hire.” A work made for hire is a work created by an employee within the scope of employment, if which case the copyright is owned by the employer or if the parties expressly agree in writing that a work shall be considered a work made for hire, in which case the work is owned by the party determined by the agreement. See UMGC Policy 190.00 – Intellectual Property to determine when a work created by an employee or faculty member is owned by UMGC.
A copyright owner may transferred the copyright to another person or organization. This transfer is called an “assignment.” For example, the named author(s) of an academic journal article may assign the copyright to the work to the publisher. Once assigned, the author is no longer the copyright holder and rights outlined above are transferred to the person or organization who becomes the copyright holder. Even when the copyright is transferred, however, the author should still receive attribution as the creator of the work.
A copyright holder may grant permission to another to use the work. This permission is often referred to as a “license.” The copyright, however, is not transferred and the copyright holder continues to have the rights outlined above, depending on the terms of the license. When a copyright is licensed, the author should still receive attribution as the creator of the work.
Make copies of the work;
Sell or otherwise distribute copies of the work;
Make adaptations or modifications to the work (called a derivative work);
Display or perform the work in public (such as performing a stage play, displaying a painting or showing a movie) in public.
Copyright holders can prevent others from copying, selling, distributing, or displaying their works or making derivatives works based on their works.
Copyright holders also have the right to grant permission to others to copy, distribute, display or make derivative works, typically referred to as a license. Copyright holders can place limits on how someone can use their works. See below regarding copyright licenses.
A derivative work is a work based on or derived from one or more already existing works.
Examples of derivative works include, but are not limited to, translating a work into another language, adapting a written work into a movie, play or audio version, digitizing a work as an e-version, abridging a work, compiling multiple works or recasting, transforming or adapting a work in any other form.
Compiling data or preexisting works may create a derivative work. When works are compiled, there is often more than one copyright holder from which the user would need a license to copy and distribute the work. Someone seeking to use a compilation should to check that it has a license from all copyright holders and that the license permits the creation of derivative works. Alternatively, one may remove unlicensed third party content contained in compiled work.
Many institutions of higher learning, in particular public institutions, have an obligation to make academic content accessible to students with disabilities. In order to comply with this obligation, the institution may need to modify the original work. Accordingly, if an institution is licensing a copyrighted work from a third party, the institution should check to ensure that the copyright license permits the institution to make a derivative work and complies with any terms of the license regarding the modified version of the work.
Generally speaking, a copyright expires after the life of the author plus 70 years.
A work made for hire expires 95 years from the date of publication or 120 years from the date of creation, whichever expires first.
Prior versions of the Copyright Act had different lengths of time for copyright protection so a user must check the rules to verify whether the copyright has expired.
Once a copyright expires, the work is said to be “in the public domain.”
Once a work is in the public domain, anyone can copy, distribute, display or modify the work without permission from the copyright holder.
Copyright holders may also place their works into the public domain before the copyright expires. If someone wishes to use a work that was placed into the public domain before the copyright has expired, he/she should ensure that there is documentation showing that the work has been placed into the public domain.
Most materials found on the Internet, even if publicly available for free, are not in the public domain and are subject to copyright protection.
If a work is not in the public domain, someone who wishes to use the work generally needs a license to copy and distribute the work to students, unless the use falls within the doctrine of fair use. See Section below regarding fair use.
Faculty and staff should assume that every work is protected by copyright unless the user can establish that it is not protected by a valid copyright.
Faculty and staff should not rely on the presence or absence of a copyright notice (©) to determine whether a work is protected by copyright because a notice is not required for many works. It is unlikely that the absence of a copyright notice would affect the validity of the copyright.
Some licenses allow use of a work for free without any restrictions.
Some licenses allow use of a work for free but are subject to terms and conditions that restrict the manner in which a person can use the work.
Some licenses require the payment of a royalty fee to use the work and may or may not be subject to terms and conditions that restrict the manner in which a person can use the work.
Websites often have a link at the bottom to the Terms and Conditions (sometimes referred to as “Terms of Use”), which sets forth the terms upon which their content can be used.
If the licensee violates the terms of a license, the licensee can be liable for infringement.
If a user requests permission to use a work, the user should be sure to keep a copy of the request and the permission granted ( i.e. the license).
Even if the user has a license, the user must always appropriately attribute the copyrighted material.
The four (4) main elements of attribution are: Title, Author, Source, and License .
If the title of the work itself is unknown, then a user should ensure the other requirements in the attribution help clarify what the copyrighted material is. For example, if a user is citing to a copyrighted photo on a website for which there is no discernable title, the attribution should have a link to that website so the exact image can be easily referenced.
It is important to credit the author, if known, and the source of the work. If an individual is not named as the author of a particular work found online, the user should attribute the work to the organization responsible for the website.
Many licenses require that the attribution include a link to the license and a link back to the published source where the user obtained the copyrighted material.
Please note that providing attribution does not automatically enable fair use, which must be determined using a fair use analysis as described below.
The user should also use a copyright notice.
Many licenses require that if the user made any changes to the copyrighted materials, the attribution should include a statement that changes were made.
A type of standardized license that allows people to share works more easily if the copyright holder agrees to share a work for free. Using a work that is subject to a Creative Commons license (CC license) means that the user does not have to negotiate the terms of the license or pay for use of the work.
The most basic CC license is the Attribution license. Even this version of the CC license has terms and conditions that must be followed, namely providing proper attribution to the author(s), a copyright notice, and a link to the license agreement. A user must also indicate if changes were made to the copyrighted materials.
The best practices for appropriately attributing a CC license is to remember the four main elements of attribution listed above: Title, Author, Source, and License . However, each type of CC license may have its own specific requirements.
If UMGC has modified the work the attribution should include language, stating that UMGC has modified the content and that the revised UMGC work is published under the same license as the original.
For example, if the user is citing an website that has a CC BY license, the attribution would look like this: The History of Italian Cuisine [with link to original work] by Marco Polo is available under a Creative Commons Attribution license [with link to license]. UMGC has modified this work and it is available under the original license.
For example, if the user is citing to a book that has a copyright symbol © followed by a year and the name of the copyright holder, then the attribution would look like this: The History of Italian Cuisine by Marco Polo is available under a Creative Commons Attribution license. © 2016, Italian Historical Society. UMGC has modified this work and it is available under the original license.
All versions of the CC license have these requirements. The specific attribution requirements depend on the type of license.
The No Derivs provision provides that the user can use the work but cannot modify it in any way. This type of CC license can be problematic if an institution wishes to modify a work in order to make it accessible to students with disabilities.
The Share-Alike provision provides that if a user shares the original work or a version of the work that the user modified, the user is required to allow the person(s) with whom the user shared the work to be able to use the work under the same terms and conditions as it was licensed. Simply put, the user has to license the work using the same or compatible CC license that the copyright holder used.
The Non-Commercial provision provides that a user can use and share the work for non-commercial purposes. Creative Commons has stated that not all educational uses are non-commercial; however, it is not well-settled exactly which educational uses would be considered non-commercial.
Some CC licenses combine these provisions. The more provisions that are included in the CC license, the more restrictive it is. Some examples of other CC licenses are Attribution-ShareAlike-NoDerivs (CC BY-SA-ND), Attribution-ShareAlike-NonCommercial (CC BY-SA-NC), Attribution-NoDervis-NonCommercial (CC BY-ND-NC), or Attribution-ShareAlike-NoDerivs-Noncommercial (CC BY-SA-ND-NC).
For more information, visit the Creative Commons website.
A collection is formed when more than one (1) copyrighted work is assembled into a collective whole but the individual works are organized as separate and distinct. If the person who compiles the collection is not the author of the underlying work, the person has created a derivative work based on the selection and curation of the materials and may own the copyright to the collection but that person does not own the copyright to the underlying work(s).
A remix or adaptation (“remix”) is formed when a copyrighted work is combined with another work or original material in a manner where it is difficult to tell where one work begins and the other ends. If the person who adapts and remixes a copyrighted work, that person is not the author of the underlying work. Rather, the person has created a derivative work based on the combination of the materials and may own the copyright to the remix but that person does not own the copyright to the underlying work(s).
Whether the new work is a collection or a remix, each individual copyrighted work must be appropriately attributed to the creator by citing the Title, Author, Source, and License and including a statement that modifications were made. As stated above, the attribution should link to the license and the original source of the work.
While someone can privately use a work licensed under a NoDerivs license (CC-BY-ND) and make a remix or collection, the new work that is created cannot be published to anyone else without violating the terms of the license.
If the underlying work(s) is licensed under a ShareAlike license (CC-BY-SA), the user who created the new work must license it under the same or a compatible CC license.
If the underlying work(s) is licensed under a NonCommercial license (CC-BY-NC), the user could not use the collection or remix for commercial purposes.
For more information, visit Creative Commons’ explanation .
Fair use “promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances” (United States Copyright Office, 2017c). There are no set guidelines that are universally accepted in making a fair use determination.
The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
The nature of the copyrighted work;
The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
The effect of the use upon the potential market for or value of the copyrighted work.
While using a copyrighted work for a non-profit educational purpose is more likely to be found to be a fair use, it is important to note that not all educational uses are covered by fair use.
This Factor asks if the new work does something more than repackage or republish the original copyrighted work and adds something new, with a further purpose or different character, altering the original work with new expression, meaning or message.
This Factor assesses whether the new work serves a new and different function from the original work and is not a substitute for the original work.
Functions that may be considered transformative include criticism, comments, news reporting, scholarship, research, or parody.
To be transformative, the use must do more than merely recast an original work into a new mode of presentation. For example, recasting a novel as an ebook, audiobook or translation into another language is likely to be found to be a derivative work that is protected by copyright and not a transformative use and would weigh against a finding of fair use.
If an individual or entity simply uses a verbatim copy of the work or portion of the work, it is not likely to be considered fair use.
This Factor focuses on whether the work is of a creative or instructive/factual.
Generally speaking, courts find that there greater need to distribute factual works than fiction and thus, provide more protection for fictional works.
Factor 3 focuses on whether the use employs more of the copyrighted work than necessary and measures how much of the original work was copied. Generally speaking, the greater amount of the work is used, the less likely it will be considered fair use.
Previously, courts endorsed the 10% rule— if a person uses less than ten percent (10%) of the total work or one (1) chapter of a book if the book has ten (10) chapters or more, then it is a fair use. This rule has been criticized and should not be relied upon in determining whether a use will be considered a fair use.
If the “heart” or essence of a work is used, it may not be deemed a fair use, regardless of the percentage of the work that was used.
While earlier court decisions focused on how much of the work was copied, more recent decisions have focused on how much of the work has been made available to the public.
Copying the entirety of a work can be justified as a fair use when it is reasonably appropriate to achieve a transformative use and does not offer a competing substitute for the original. For example, copying an entire work in order to make it searchable may be permissible under fair use if only snippets of the work is capable of being viewed in the search results. In other circumstances, copying and disseminating an entire work is likely not going to be found to be a fair use.
Factor 4 is typically seen as the most important factor. This Factor focuses on the impact of the use on the traditional market for the work. This Factor asks whether the use competes with or takes sales away from the copyright holder or avoids payment of a royalty in an established market.
If many copies of the work are widely distributed (for example, the work is used in multiple sections of a course or is distributed to the general public), it is more likely that the use will be found not to be a fair use.
If the use of a work appeals to the same audience as the original work, it is less likely the use will be seen as a fair use.
Even if a use is a fair use for one semester, repeated use of copyrighted materials semester over semester may not be considered a fair use because there is enough time to seek a license from the copyright holder to use the work.
There is an inherent risk in relying on fair use. The factors are weighed by courts on a sliding scale, and it is difficult to predict whether a particular use will fall within the scope of fair use because the analysis is highly fact-specific.
Fair use is an important doctrine but should be used with caution. There is no formula to ensure that a predetermined percentage or amount of a work – of specific number of words, lines, pages, and copies – may be used without permission.
With the exception of scholarly quotations, which are appropriately attributed to the author, relying on the fair use doctrine as it pertains to core content in UMGC classrooms is not recommended.
Faculty members should consult with their Program Director on any issues related to using materials in their classroom.
Faculty and Program Directors may consult with Course Development for guidance on copyright and fair use based on the particular facts and circumstances under consideration. Students may contact UMGC Library.
Linking to a website is not a copyright violation; however, the website itself, may not be accessible to students with disabilities in accordance with the Americans with Disabilities Act and Section 508 of the Rehabilitation Act of 1973. Accordingly, before linking to a website from a classroom, contact Course Development to review for accessibility.
Faculty members can link to resources from approved ebook collections and library subscription databases . However, these resources also need to be vetted by Course Development for accessibility issues.
Course Development may seek legal advice from the Office of Legal Affairs as needed to address faculty concerns.
Last Updated: Nov 1, 2023 2:24 PM
URL: https://libguides.umgc.edu/copyright

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..

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Copyright basics

Copyright is a form of intellectual property that protects original works of authorship. In today’s global digital economy, artists, authors, and companies have unprecedented opportunities to disseminate their creative works and products to a worldwide audience. They also face daunting challenges from infringement and piracy. To take advantage of these opportunities and to respond to the challenges, creators and creative industries depend more than ever on their ability to protect and enforce their copyrights.

In order to understand the importance of copyright and how to protect it, it is important to examine the basics of copyright law: what it is, what it protects, and how to secure it. The primary purpose behind copyright law is to foster the creation and dissemination of works for the benefit of the public. By granting authors the exclusive right to authorize certain uses of their works, copyright provides economic incentives to create new works and to make them available in the marketplace.

This overarching goal is stated in the U.S. Constitution, Article I section 8, clause 8, “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

This language gives Congress broad authority to advance knowledge (“Science” in 18th century parlance) by providing authors with certain exclusive rights over their works for limited times.

The framers of the Constitution were convinced that the dissemination of knowledge was of critical importance to the new nation and that establishing a national copyright system was an efficient means to advance that goal.

More than 200 years later, the purpose of U.S. copyright law remains fundamentally the same: to provide the economic incentives for creativity that ultimately promote the public welfare. The Supreme Court put it this way in its 1975 decision in Twentieth Century Music Corp. v. Aiken : “The immediate effect of our copyright law is to secure a fair return for an ‘author’s’ creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good” [ Twentieth Century Music Corp. v. Aiken , 422 U.S. 151, 156 (1975)].

Copyright protects markets for American creative works not only in the United States, but also internationally. The United States is a party to several international agreements establishing minimum standards of copyright protection that member countries must adopt. These agreements—which include the Berne Convention for the Protection of Literary and Artistic Works, the World Intellectual Property Organization (WIPO) Copyright Treaty , the WIPO Performances and Phonograms Treaty , and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)—help to ensure that American creators have adequate legal protections against infringement of their works in foreign countries.

A copyright is a federally granted property right that protects rights holders from certain unauthorized uses of their original works of authorship. The subject matter eligible for protection is set forth in the Copyright Act of 1976 . Copyrightable works include literary, dramatic, musical, and artistic works such as books, plays, music, lyrics, paintings, sculptures, video games, movies, sound recordings, and software.

To be eligible for protection under the Copyright Act, a work must be fixed in a “tangible medium of expression.” A literary work, for example, can be fixed in a book or on the back of an envelope. A musical work can be fixed in sheet music, on tape, or in a digital file. A work of visual art can be fixed on a canvas, and a sculptural work in stone.

Copyright protection does not extend to ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. Copyright protects only the expression of an idea, not the idea itself. This principle, sometimes called the “idea-expression dichotomy,” ensures that protection will extend only to the original elements that the author has contributed to a work, not to the work’s underlying ideas, which remain freely available to the public.

Under the Copyright Act, a copyright owner has the exclusive right to reproduce, adapt, distribute, publicly perform, and publicly display the work (or to authorize others to do so). In the case of sound recordings, the copyright owner has the right to perform the work publicly by means of a digital audio transmission. These exclusive rights are freely transferable, and may be licensed, sold, donated to charity, or bequeathed to heirs.

Limitations and exceptions

The exclusive rights of copyright are limited in a number of important ways. It has long been recognized that properly crafted limitations on the exclusive rights of copyright owners help to fulfill copyright’s basic goal by allowing the use of copyrighted works for certain publicly beneficial purposes.

International copyright agreements to which the United States is a party set forth a number of specific exceptions and limitations that member states may recognize. Any additional exceptions or limitations must satisfy the so-called “three-step” test, which provides that a permitted use must (1) be limited to “certain special cases,” (2) “not conflict with a normal exploitation of the work,” and (3) “not unreasonably prejudice the legitimate interests of the author.”

U.S. copyright law contains numerous exceptions and limitations to the exclusive rights of copyright owners, including in the following areas:

Library and archival copying
Educational and nonprofit broadcasting for purposes of distance learning
Nonprofit live performances and displays
Reproductions for visually impaired persons
Making copies of computer programs for archival and/or maintenance purposes

In addition, section 107 of the Copyright Act codifies the doctrine of fair use, which permits certain other uses that are not covered by a specific statutory exception. While the doctrine is flexible and case-specific, section 107 sets forth an illustrative list of the types of uses that generally are considered appropriate for a finding of fair use. These include uses for purposes of criticism, comment, news reporting, teaching, scholarship and research. In determining whether a particular use is a fair use, section 107 specifies four factors that courts must consider: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

While many people believe that you must register your work with the U.S. Copyright Office before you can claim a copyright, no registration or other action in the Copyright Office is required to secure a copyright. A copyright is secured automatically when the work is created, as long as the work contains a sufficient degree of originality, and a work comes into being when it is fixed in a “copy or a phonorecord for the first time.” This is consistent with the Berne Convention, which states that the “enjoyment and exercise” of copyright “shall not be subject to any formality.”

Although registration with the Copyright Office is not required to secure protection, it does provide a number of benefits:

Registration establishes a public record of the copyright claim.
Registration is necessary before an infringement suit may be filed in court (for works of U.S. origin).
If made before or within 5 years of publication, registration establishes prima facie evidence in court of the validity of the copyright and of the facts stated in the registration certificate.
If registration is made within 3 months after first publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.

To register a claim to copyright with the U.S. Copyright Office, the claimant must: (1) submit a properly completed application; (2) pay a nonrefundable fee; and (3) deposit the required number of copies of the works to be registered.

The international minimum standard for the protection of copyright, as set forth in the Berne Convention and the TRIPS Agreement , is the life of the author plus another 50 years. Berne Union members are free to exceed the minimum standard. The United States, the European Union, and a number of other countries have elected to do so.

Under current U.S. law, for works created by individual authors on or after January 1, 1978, copyright protection begins with the creation of the work and lasts for the life of the author plus 70 years.

For anonymous works or pseudonymous works (if the name of the author is not revealed), and for works made for hire, copyright lasts for 95 years from the date of first publication, or 120 years from the date of creation, whichever expires first. The copyright in joint works lasts for the life of the last surviving author plus 70 years.

There is no such thing as an “international copyright” that will automatically protect an author’s works in countries around the world. Instead, copyright protection is territorial in nature, which means that copyright protection depends on the national laws where protection is sought. However, most countries are members of the Berne Convention and the TRIPS Agreement, which provide important protections for foreign authors.

Under these agreements, a member country generally must afford the nationals of other member states no less favorable copyright protection than it provides its own nationals. This bedrock principle of international copyright law is called “national treatment.”

U.S. Copyright Office

The United States Copyright Office registers copyright claims, records information about copyright ownership, provides information to the public about copyright, and assists Congress and other parts of the government on a wide range of copyright issues.

View copyright registration tutorials
View a video on the copyright registration process and its benefits to creators
Browse the Copyright Office’s Circulars to learn more about copyright

STOPfakes.gov

STOPfakes.gov is a one-stop shop for U.S. government tools and resources on intellectual property rights, including copyright. The federal agencies behind STOPfakes.gov have developed a number of resources to educate and assist businesses—particularly small and medium-sized enterprises, as well as consumers, government officials, and the general public—on how to protect and enforce their intellectual property rights. Visit STOPfakes.gov to learn more.

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By reviewing the copyright registration certificate, you can find out who currently claims copyright and on what basis. For example, if a publisher has been assigned copyright to a work, it will file a copyright registration in its own name and indicate on the registration that it acquired copyright through a legal transfer.
Understanding the Key Elements of a Copyright Assignment Agreements
Outline the key terms in a copyright assignment agreement. Explain the concept of the "work made for hire". Describe the rights the assignee will receive. Explain the duration of the copyright. Outline the rights retained by the assignor. Describe the potential risks involved in a copyright assignment.
Copyright Ownership and Assignments
A copyright assignment is an important medium for transferring legal ownership of a copyright from the initial holder, who may transfer all or a portion of their rights in the original work to a ...
PDF Copyright Assignment & Guidelines
copyright assignment can help in both circumstances. A copyright assignment is the transfer of an owner's property rights in a given creative work or works. Such transfers may occur on their own or as parts of larger asset sales or purchases.
Recordation Overview
A transfer of copyright ownership is "an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license." 17 U.S.C. § 101. Learn More
UMGC Library: Copyright and Fair Use Guidelines: Home
A copyright owner may transferred the copyright to another person or organization. This transfer is called an "assignment." For example, the named author(s) of an academic journal article may assign the copyright to the work to the publisher.
Free Copyright Assignment Template
Need help to transfer your copyright? Create a copyright assignment agreement with our free template. Safeguard your intellectual property rights and complete the process efficiently. Create and download your agreement for free!
Understanding the Assignment of Copyrights
Assignment of copyright contrary to the terms and conditions on which rights have been assigned to a copyright society ofwhich the author of the work is a member shall be void.
Copyright basics
A copyright is a form of protection provided by U.S. law to the authors of "original works of authorship" fixed in any tangible medium of expression. Learn more about the basics of copyrights.