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Copyright Assignment

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A Copyright Assignment is a document used when one person owns a copyright to any kind of work (such as a screenplay, novel, painting, or song) and wishes to transfer the ownership of that copyright to another person. Copyright Assignments are most often utilized in situations where the copyright is already registered with the United States Copyright Office, and it's best for both parties to have a memorialized record of the assignment. Often, Copyright Assignments are used when the rights to a work are being given away so that the party receiving the rights may use that work for any purpose they desire.

Copyright Assignments allow the easy transfer of the copyrighted works. They contain all the information needed to record the assignment with the United States Copyright Office , if so desired by either or both of the parties. Recordation with the U.S. Copyright Office isn't strictly necessary, however, though it is a good way to ensure everything flows smoothly with the assignment of the copyright.

How to use this document

This document can be used to transfer the ownership of an existing copyright or when an individual would like an existing copyright transferred to them, as long as the owner agrees. It should be used when both parties understand that the copyright will be completely assigned and wish to create a record of their agreement.

This document will allow the parties to fill in details of the work or works to be transferred, as well as ensure that everything needed for recordation with the U.S. Copyright Office is present. Either party - either the person assigning the copyright or the person receiving the copyright - can fill out this form. Please keep in mind that this form requires both signatures , as well as a notarization.

Applicable law

Copyright Assignments are related to the copyright law of the United States, which is covered by a federal statute called the Copyright Act of 1976.

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A guide to help you: Who Owns a Copyright?

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What is the concept of Assignment of Copyright?

In this blog post, Sayan Mukherjee, a student of University of Calcutta, who is currently pursuing a  Diploma in Entrepreneurship Administration and Business Laws from NUJS , Kolkata, discusses the concept of assignment in copyright along with the most probable disputes related to it.

Introduction

Copyright, a unique intellectual property meant for the creative brothers and sisters around the world is res incorporalis. In that sense, it has no tangible existence but is a proprietary right and can be disposed of.

In modern life, every individual is aware of the concept of Copyright because of the expansion of media and communication throughout the world. Today’s world has no shortage of ideas, thoughts, modes of expression, and its distribution, which the world media has upheld through the gift of technology coupled with a wider scope of communication and share. This very thing has directed out attention towards the creative world, their rights and obligations, along with their grievances in the form of disputes faced by the creators.

The Copyright Act, 1957 as amended in 2012 is the current vehicle to settle and guide the creators towards betterment and give them some pecuniary opportunities so that they are further encouraged to bless the world with their creativity.

Assignment of Copyright                                  

Nobody is entitled to copy, reproduce, publish or sell an original writing, painting, dramatic production, sculpture, etc. without the permission of the creator. Thus, law provides a right to the owner of the copyright (i.e. the creator) to transfer the ownership of the copyright to a third party. For instance, in the case of making a complete movie – all the creative persons with their idea turned into relevant works come to a producer, assign their rights that subsist in their work in return for a royalty. These works are then summed up to form a complete movie. Yes, the process isn’t that easy and involves many questions that arise both at the time of assignment and especially after it.

Facets of Copyright Assignment      

• It is a pecuniary opportunity for the first owner of copyright. The assignment must specify the amount of copyright [vide Section 19(3) of the Copyright Act]. The creator shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright, subject to certain conditions. [vide Section 18(1) proviso of The Copyright Act, 1957 [1] ]
• In the case of an assignment of copyright in any future work, it shall take effect only when the work comes into existence. In this regard, “assignee” includes the legal representatives of the assignee, if he dies before the work comes into existence. [vide Section 18(1) proviso of the Copyright Act]
• The ownership may be assigned either wholly or only for a part of the work in question. [vide Section 18(1) of the Act]
• The Copyright Assignment must be in writing and signed by the assignor or by his duly authorized agent. [vide Section 19(1) of the Act]
• The duration of assignment must also be specified. The Delhi High Court recognized Section 19(5) and stated that if the assignment deed is silent about the duration, it shall be deemed to be 5 years from the date of assignment [2] .
• The agreement deed may specify the territorial extent of such assignment. If silent, it shall be presumed to extend within India. [vide Section 19(6) of the Act]
• The assignment shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties. [vide Section 19(3) of the Act]
• Where the assignee fails to exercise his rights within one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed, unless otherwise specified in the assignment deed. [vide Section 19(4) of the Act]
• If the assignment is in contrary to the terms and conditions of the rights already assigned to a copyright society to which the creator is a member, it shall be deemed void. [vide Section 19(8) of the Copyright Act [3] ]
• The creator is entitled to subsequent royalties in the course of future exploitation of a cinematographic film, which includes his work, other than by way of exhibitions in a cinema hall. For example, the creator will be entitled to subsequent royalties for satellite right, home video, internet rights, the etc. Similar clause has been added for the case of sound recording. [vide Section 19(9) and 19(10) of the Copyright Act [4] ]
• In the case of a manuscript, the copyright being a personal property of the owner can be transmitted by testamentary disposition. [vide Section 20 of the Act ]
• The equitable assignment is just the agreement to assign.
• The assignee has the rights of- translation, abridgment, adaptation, dramatic and filmmaking in the work.
• For relinquishment of work, the author has to give notice in prescribed form to the Registrar of Copyrights or by way of public notice. On its receipt, Registrar shall publish it in the Official Gazette. With 14 days of the publication, the Registrar shall post the notice on the official website of Copyright Office, so that such notice remains in the public domain for not less than three years. Such right shall cease to exist from the date of the notice. [vide section 21 of the Copyright Act]

It may be noted in this context, that the author has an alternative for the shortcomings or confusions of assignment of copyright. They can register their work with a copyright society and thereafter license it to whomsoever they desire.

Moral Rights involved in Copyright Assignment

Moral rights are independent of the author’s copyright and shall remain with the author even if he has assigned his copyright.

• The creator of work has the right to claim ownership thereof;
• In case of any distortion, modification or mutilation of the original work, he shall have the right to claim damages;
• If harm is being caused to the goodwill of the creator by commission or omission of any act by the assignee, he shall have the right to damages provided such an act is done before the expiration of the term of assignment.

Foreseeable disputes

• The first dispute which may arise is that as regards the period of copyright assignment. The statute is very particular that an assignment has to be for a specified period even if there is an agreement in contrary [5] . [vide Section 19(2) of the Copyright Act]
• Again, in a situation where assignee fails to exercise his rights assigned to him, and the assignor’s actions do not influence such failure, then, the statute empowers the Copyright Board, on receipt of a complaint from the assignor, to take cognizance of the case and make necessary inquiries as it may deem fit. It further gives a discretionary power to the Board where it can revoke such assignment. [vide Section 19A(1) of the Copyright Act]
• In the case of a monetary dispute over a copyright assignment, the Copyright Board has the power on of a complaint from the aggrieved party, to hold an inquiry and pass necessary order including an order for the recovery of any royalty payable [vide Section 19A(2) of the Copyright Act]. Any such final order must be passed within a period of six months from the date of receipt of the complaint. Delay in compliance shall oblige the Board to record the reasons thereof. [vide Section 19A(3) of the Copyright Act [6] ]

The feasibility of Copyright Assignment is highly questioned because of the rising counts of Copyright Infringement cases. The sole objective of assignment process is to provide both pecuniary as well as distribution benefits to the original work of the creator. It cannot be used to deprive the original owner permanently from his creation.

Copyright Assignment is an inevitable necessity in this dynamic world. People can’t be self-sufficient in every respect. For the better frame of the Art, the ownership right of the creation needs to change hands and bring out the full potential of the original work by exploring various tiers of creativity.

[1] Inserted by Copyright (Amendment) Act, 2012.

[2] Pine Labs Private Limited vs. Gemalto Terminals India Private Limited and others (FAO 635 of 2009 and FAO 636 of 2009)

[3] Inserted by Copyright (Amendment) Act, 2012.

[4] Inserted by Copyright (Amendment) Act, 2012.

[5] Saregama India Ltd. V. Suresh Jindal AIR 2006 Cal. 340.

[6] Inserted by 2012 Amendment.

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Copyright Assignment Agreement: Definition & Sample

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ContractsCounsel has assisted 35 clients with copyright assignment agreements and maintains a network of 61 intellectual property lawyers available daily. Customers rate lawyers for copyright assignment agreement matters 5.0/5 stars.

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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Assignment of Copyright – Explained With Modes and Disputes

Original work may not be reproduced, distributed, or sold by anybody other than the copyright owner without that owner’s consent. As a result, the law allows the copyright owner to assign ownership to a third party.

The term “copyright assignment” describes the transfer of ownership or rights in a work that has been granted copyright from the original copyright holder (the “ assignor “) to a different party (the “ assignee “). Through a legal procedure, the assignor gives up their ownership of the work and gives the assignee the only authority to reproduce, distribute, display, perform, or alter it.

This article discusses the concept of copyright assignment, which involves the transfer of ownership or rights in a copyrighted work from the original copyright holder (assignor) to another party (assignee). The article also explains the various aspects of copyright assignment, including its mode of assignment and disputes with respect to the assignment of copyright.

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

The owner of the current work or the potential owner of the future work may assign the copyright. It may be fully or partially allocated. Limitations may apply to all or a portion of the copyright.

Additionally, if future work is assigned, the assignment will become effective when the new work is created. In future works, “assignee” includes the assignee’s legal representative if they die before the work is created.

The court ruled in  Saregama India Ltd. vs Suresh Jindal And Ors.  that the copyright owner to a future work has the right to assign the copyright, in whole or in part, to a third party. This indicates that the owner may assign the copyright ownership for the entire term or only a portion.

The assignee is regarded as the legal owner of the copyright after the assignment is made, and the Copyright Act recognises all associated rights and benefits. As mentioned above, the ruling affirms that copyright ownership can be transferred by assignment, enabling people or organisations to obtain and exercise control over the rights connected to the copyrighted work.

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

Every assignment of the copyright to a work must be made in writing and be signed by the assignor or an authorised representative. Only that assignment will be accepted. Any assigned work must include all relevant information, including the assignment, length, rights, and geographic scope.

The amount of any royalties or other payments made to the author or his legal heirs during the assignment should also be specified. Any revisions, extensions, or terminations of the assignment are subject to the mutually agreed-upon terms and circumstances.

Let’s say the assignee fails to utilise the right granted during the assignment within a year of receiving it. If such a thing occurs, the assignment of those rights will be presumed to have terminated unless otherwise specified in the assignment. When the assignment time and geographical scope are not specified, they will be assumed to be five years from the date of the assignment and inside India, respectively.

The Bombay High Court considered whether the assignment of video rights included the right of satellite transmission in the case of  Video Master vs Nishi Production . The court accepted the defendant’s claim that several public communication channels, such as satellite broadcasting, video TV, and terrestrial television broadcasting, each constituted a distinct copyright.

As a result, the film’s owner may transfer these rights to other people or companies. The court concluded that the video copyright granted to the plaintiff was separate from the copyright for the satellite transmission of the movie. Consequently, the satellite broadcast right was not part of the assignment.

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

After receiving a complaint from the assignor and completing an investigation, the appellate board has the authority to revoke the assignment or issue any orders it sees suitable when the assignee fails to execute the powers granted to him if such failure is not a result of any action or inaction on the part of the assignor.

If the assignor is also the author, the appellate board should hold off on issuing any revocation unless it is established that the terms of the assignment are harsh to the assignor. Additionally, no revocation may be made for five years if an assignment has been made.

The appellate board should handle copyright assignment complaints promptly and with diligence. They have a time limit of six months from the date of receiving the complaint to reach a final decision. If, for any reason, there is a delay beyond this period, the appellate board must explain the reasons for the delay. The goal is to ensure that copyright disputes are resolved promptly and transparently.

In this evolving world, copyright assignment is an unavoidable need. People are not always able to rely on themselves. The ownership of the work must be transferred to properly frame the art and realise the original piece’s full creative potential.

Furthermore, copyright assignment aids in the seamless development of the creative process when several creative minds collaborate or when a work is adapted across various media. It allows for fresh viewpoints, interpretations, and variations that could improve the original work or investigate other creative paths.

Read Next: Doctrine of Merger Under Copyright Law

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Copyright ownership and transfers faqs.

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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• THIS IS AN ADVERISEMENT

Copyright Assignment (Transfer Ownership of a Copyright)

General information.

A copyright assignment is the transfer of one’s ownership of a copyrighted work to another person or entity. The prior owner (assignor) gives up all rights to the work to the new owner (assignee). The assignee gains all rights to the work as the legal or beneficial owner and may take legal action to prevent infringing uses of the work, etc. Copyright Act Section 501(b) .

According to federal law, a voluntary transfer of copyright ownership is not valid unless the details of the conveyance are contained in a writing signed by the copyright owner or the owner’s authorized agent. Copyright Act Section 204(a) .

Purpose/Necessity

An assignment may be used:

• After a business is sold and the work’s rights are transferred to the purchaser
• As security for a debt (through a mortgage or other security interest)
• As a bequest in a will or an asset passed to heirs by intestacy/probate
• As part of the distribution of assets following a bankruptcy proceeding
• The work’s owner retains ownership but changes his or her name
• The work’s owner retains ownership but changes its business name or entity type
• Any other instance where the owner of a work wishes to transfer it to another

Recording an assignment is not mandatory to assign the interest bur provides the following advantages:

• Recording the transfer establishes a public record of the details of the transfer and the contents of the document affecting the transfer. Such details will appear in the Copyright Office’s online public catalog .
• The document or material attached to it specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under title or registration number of the work; and
• Registration has been made for the work.
• Constructive notice means that the public is deemed to have knowledge of the facts stated in the document – including those speaking to the ownership of rights – and cannot claim otherwise.
• Under Sections 205d and 205e of the Copyright Act , recording establishes priority of rights as between conflicting assignments/transfers of ownership, or between a conflicting assignment and a nonexclusive license. This means that the first recorded assignment will be taken as valid as against any later alleged assignments.
• In some instances, recording may be necessary to validate the transfer of copyrights as against third parties. Copyright Office – Circular 1: Copyright Basics .
• In some states, recording may be necessary to perfect a security interest. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Frequently Asked Questions

• Once a work is created and fixed in a tangible form, the author (or the author’s employer if the work was a Work Made for Hire), gains certain rights to the copyrighted work. The author has the exclusive right to: •  Reproduce the work in copies or phonorecords; •  Prepare derivative works based upon the work; •  Distribute copies or phonorecords of the work to the public; and •  Perform or display the work publicly.The author may subsequently transfer all or part of these rights through an (permanent) assignment or a (temporary) license. Copyright Act Section 201(d)(2) . Following negotiations between the parties as to the terms of the transfer, a written document must be signed by the owner of the rights conveyed stating the particular rights to be conveyed.
• An assignment does not alter the work’s copyright duration. The assignee gains all rights transferred for the remainder of the copyright in effect. For works created by a single author, the length of copyright is the life of the author plus 70 years. Copyright Act Section 302(a) .
• According to the Copyright Act, a copyright may be transferred by any means of conveyance, including bequeath by will or pass through intestate succession. Copyright Act Section 201(d)(1) . Some types of documents that may suffice include an assignment, mortgage, contract, deed, or promissory note.If you use our firm to assist you in your copyright assignment, we review your document to ensure that it conveys the rights desired, and then record it with the Copyright Office to establish a public record. Alternatively, if you do not have an existing document of transfer, we can draft a document to meet your purposes and then complete the recording process.
• The Copyright Office does not provide a form or example of an acceptable document which effects a copyright transfer. Copyright Office FAQ – Assignment/Transfer of Copyright Ownership . The Copyright Office does not examine documents for legal sufficiency for their intended purpose prior to recording. Furthermore, the fee to record a document with the Copyright Office is nonrefundable. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .It is therefore important to consult with an attorney knowledgeable about copyright assignments to ensure that the copyrighted work(s) in question actually transfer as desired.
• No, the rights given by copyright are the author’s immediately upon fixing the work in a tangible medium of expression. These rights may be transferred through a written instrument and the Copyright Office will record such an instrument before or after the work has been registered with the Copyright Office. Copyright Act Section 205(a) . However, there are several important benefits of copyright registration, and it is helpful to register the work so that the recorded assignment references a work indexed in the Copyright Office’s records .
• No, essentially for the same reasons, copyrights may be transferred whether or not the underlying work has been published. The Copyright Office will record a document evidencing a transfer of an unpublished work. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Legal Services Offered and Cost

Recording of Copyright Assignment Note: this service is for copyright holders who have already transferred their copyright through a written instrument but have not yet filed/recorded the instrument Legal fees: $300 flat fee This includes:

• Review of client’s information to ensure legal requirements are fulfilled
• Answer client questions, make corrections, and obtain additional information as needed
• Review of copyright assignment document to ensure proper transfer is made
• Completion of Copyright Recordation Document Cover Sheet
• Submission of the assignment document, Cover Sheet, and filing fee with the Copyright Office
• Email confirmation of copyright assignment recording by the Copyright Office with official Certificate of Recordation

If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.

Drafting and Recording of Copyright Assignment Legal fees: $300 flat fee

This includes:

• Completion of copyright assignment document to make the assignment

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How to transfer copyright ownership

If you’re considering buying or selling the rights to a creative work, then it’s important to know how to transfer copyright ownership.

This is done via copyright assignment, whereby copyright ownership is transferred from one party to another.

A copyright assignment contract is used to make the process legally-binding and a matter of public record.

What are the rights of a copyright owner?

Copyright is an intellectual property right.

There are several federal and state laws regarding it—the most prevalent of which is the Copyright Act of 1976 . 

Usually, the copyright holder of a creative work will be the original author. In the case of a work made for hire, the copyright owner will be the employer of the original author, who will likely hold exclusive rights to the work . 

When a work is the result of collaboration, there may be two or more copyright co-owners.

Copyright holders have several rights regarding protected work.

This allows copyright owners to make commercial gains from creative work in various ways, either through keeping the rights for themselves or selling or licensing the rights to others.

Reproduction rights

These give the copyright owner the rights to create copies of a protected work.

Distribution rights

The copyright owner retains the rights to sell copies of the original work to the general public or distribute them by other means.

Right to create adaptations

The right to prepare new works based on a protected work are held by the copyright owner.

These are known as derivative works.

Performance and display rights

The owner of the copyright retains the rights to perform or display a protected work in public.

Transfer of copyright: How is it done?

Transfer of copyright ownership is done via copyright assignment.

This allows a third party, known as the assignee, to assume copyright ownership from the original author of the work or assignor. 

Transfer of copyright is made using a copyright assignment contract, which is a written agreement of the transfer of property rights.

You may wish to use a copyright license agreement template .

An assignment of copyright should contain several key features.

It should be written and signed by the assignor or an authorized agent.

It should recognize the work for which copyright is being transferred and the kind of rights that are being transferred.

The duration of the copyright transfer, the effective date, and the regional extent of the transfer should also be documented.

The amount of consideration — or money, if any — being exchanged should be noted.

The new owner should provide some kind of consideration when copyright is being assigned, and contracts will often include the phrase “for other good and valuable consideration”. 

Courts have held that even a single dollar is an acceptable amount of consideration.

The contract is valid as long as both parties are receiving something in return, and the assignment agreement wasn’t made under duress.

It isn’t strictly necessary to perform copyright registration with the U.S. Copyright Office in cases of copyright assignment.

However, making it a matter of public record with the recording of transfers enables third parties to discern who owns the copyright of a work.

This is known as constructive notice, and it can help to prevent copyright infringement.

In the rare case that conflicting transfers have been made, the agreement that was made first takes precedence under the Copyright Act. 

In cases where the copyright has been licensed using a non-exclusive license, the original author retains copyright ownership or may license the same rights to multiple parties, and the non-exclusive licensee isn’t deemed a copyright owner.

Termination of transfers

The process of terminating a transfer gives an author who has transferred their copyright to another party a way to reacquire their rights. 

This can often be a complex process and can only be carried out after a certain number of years from the original transfer of copyright.

This is often somewhere between 28 and 56 years from when the copyrighted work was first published.

Transfer of copyright on death: What happens?

Copyright is usually transferred to any beneficiaries of the author upon their death, as with most personal property under intestate succession.

This will traditionally be a spouse or child of the author, but other beneficiaries can be named in a will .

If copyright has been previously transferred to another party, then the death of the original author doesn’t affect copyright in any way.

Instead, the license holder continues to own the rights granted to them until the copyright term expires or for as long as the agreement lasts.

Start with the right copyright transfer agreement

If you’re wondering how to transfer copyright ownership, the best way is to use the right copyright transfer agreement.

PandaDoc has a range of forms available that can simplify the process of transferring copyrights, including an IP assignment agreement template and copyright license agreement templates.

These templates will help you tick all the boxes when it comes to transferring copyright and protecting all parties in the agreement.

The Basics of Intellectual Property Copyright Assignment Agreements

A copyright assignment agreement is a legal instrument that enables the transfer of ownership rights from one party to another, allowing the assignee to exercise control over the copyrighted material and granting them the right to sue for infringement, license the work, and profit from its exploitation. The agreement outlines the terms of the transfer, including the scope of assignment, ownership, and territorial rights. Effective clauses must be included to address issues such as the duration of the assignment, any restrictions or limitations, and the procedure for resolving disputes. A clear understanding of these fundamentals is essential for traversing the complexities of intellectual property law, and further examination of these concepts can provide valuable insights into successful copyright assignment agreements.

Table of Contents

Understanding Copyright Assignment Basics

Embodied in contractual agreements, copyright assignments serve as legal instruments that facilitate the transfer of ownership rights from one party to another, thereby granting the assignee exclusive control over the protected intellectual property. This transfer of ownership is not merely a symbolic gesture, as it carries significant legal ramifications. The assignee acquires the right to sue for infringement, license the work, and profit from its exploitation. In return, the assignor relinquishes their claim to the intellectual property, surrendering their creative rights in the process.

The historical development of copyright assignments dates back to the early 20th century, when intellectual property protection became a key aspect of commercial transactions. As the global economy evolved, so did the need for a robust legal framework governing the transfer of intellectual property rights. Today, copyright assignments play a pivotal role in various industries, including entertainment, technology, and publishing. A thorough understanding of copyright assignment basics is fundamental for traversing the complex landscape of intellectual property law, where even the slightest misstep can have far-reaching legal and financial consequences.

Key Components of the Agreement

A thorough copyright assignment agreement typically comprises several crucial elements that outline the terms of the transfer, including the scope of assignment, ownership, and territorial rights. These fundamental terms form the foundation of the agreement, ensuring that all parties involved are aware of their roles and responsibilities. Effective clauses must be included to address issues such as the duration of the assignment, any restrictions or limitations, and the procedure for resolving disputes. The agreement should also clearly define the intellectual property rights being transferred, including the specific works, formats, and mediums involved. Additionally, the agreement should outline the rights and obligations of both the assignor and assignee, including the payment terms, warranties, and representations. By including these key components, the agreement provides a detailed framework for the transfer of copyright ownership, ensuring that all parties are protected and their interests are preserved.

Parties Involved in the Transfer

In the context of intellectual property copyright assignment, the parties involved in the transfer play a vital role in defining the terms and obligations of the agreement. Specifically, the assigning party, which holds the original copyright, transfers its rights to the receiving party, which assumes corresponding obligations. The rights and obligations of these parties are critical components of the assignment, and their understanding is imperative to facilitate a smooth and effective transfer.

Assigning Party's Rights

The assigning party, typically the original creator or owner of the intellectual property, holds the rights to be transferred in the copyright assignment agreement. As the rightful owner, they possess exclusive control over the intellectual property, granting them the authority to assign, license, or sell their rights to others.

Prior to the assignment, the assigning party has the right to use, modify, and distribute the intellectual property as they see fit. They may have also granted licenses or permissions to third parties for prior use, which may impact the scope of the assignment.

It is vital to identify and account for all existing rights and interests in the intellectual property, including any prior agreements, licenses, or encumbrances. The assigning party must verify that they have the legal capacity to transfer the rights and that the assignment agreement accurately reflects the scope of the transfer. By clarifying the assigning party's rights, the agreement can effectively allocate ownership and responsibility for the intellectual property, guaranteeing a smooth transfer and minimizing potential disputes.

Receiving Party's Obligations

Upon execution of the copyright assignment agreement, the receiving party assumes specific obligations to respect and protect the intellectual property rights being transferred. These obligations are vital to maintaining the value and integrity of the assigned intellectual property. A key aspect of the receiving party's obligations is adhering to confidentiality requirements, which safeguards that sensitive information and trade secrets remain protected. This may involve implementing access controls, encryption, and secure data storage protocols to prevent unauthorized disclosure.

The receiving party must also establish and maintain compliance protocols to guarantee that the assigned intellectual property is used in accordance with applicable laws and regulations. This includes complying with copyright laws, obtaining necessary permissions and licenses, and avoiding infringement on third-party rights. Additionally, the receiving party may be required to provide regular reports to the assigning party, detailing their use and protection of the assigned intellectual property. By fulfilling these obligations, the receiving party demonstrates its commitment to preserving the value and integrity of the assigned intellectual property.

Types of Intellectual Property Rights

Intellectual property rights span a broad spectrum of legal protections, including patents, trademarks, copyrights, and trade secrets. These rights provide IP protection to creators and innovators, safeguarding their creative assets from unauthorized use, theft, or misappropriation. Each type of intellectual property right serves a unique purpose, offering distinct benefits and protections.

Understanding the different types of intellectual property rights is essential for creators, innovators, and businesses seeking to protect their valuable IP assets. By recognizing the unique characteristics and benefits of each type of IP right, individuals and organizations can make informed decisions about how to safeguard their creative assets and optimize their IP protection.

Assignment Agreement Benefits

By securing intellectual property rights, creators and innovators can leverage assignment agreements to additionally safeguard and monetize their protected assets, revealing a range of benefits that can substantially impact their business strategies and financial outcomes. One significant advantage of assignment agreements is the potential for cost savings. By assigning intellectual property rights, creators can avoid the expenses associated with maintaining and defending their rights, allowing them to allocate resources more efficiently. Additionally, assignment agreements can facilitate strategic growth by enabling creators to focus on their core competencies while leveraging the expertise of others to develop and commercialize their intellectual property. This can lead to increased revenue streams and accelerated market penetration. In addition, assignment agreements can provide creators with greater control over their intellectual property, enabling them to make informed decisions about how their work is used and distributed. Overall, assignment agreements offer a range of benefits that can help creators and innovators optimize the value of their intellectual property and achieve their business objectives.

Negotiating and Drafting Tips

Three crucial considerations for negotiating and drafting assignment agreements are clarity, specificity, and mutuality of understanding, as these factors can substantially impact the effectiveness and enforceability of the contract. A well-drafted agreement ensures that all parties are on the same page, minimizing potential disputes and misunderstandings.

When negotiating and drafting assignment agreements, consider the following essential tips:

• Define key terms : Clearly outline the scope of the assignment, including the intellectual property rights being transferred, to avoid ambiguity and potential disputes.
• Establish industry-standard payment terms : Specify the payment structure, including legal fees, to ensure a mutually beneficial agreement that adheres to industry standards.
• Include a dispute resolution mechanism : Outline a process for resolving potential disputes, such as arbitration or mediation, to prevent costly and time-consuming litigation .

Common Mistakes to Avoid

When drafting intellectual property copyright assignments, parties often overlook critical details that can lead to ambiguity and disputes. To guarantee a thorough and enforceable agreement, it is vital to avoid common mistakes that can compromise the effectiveness of the assignment. By recognizing and addressing these pitfalls, including incomplete assignment language, unclear ownership terms, and failure to define scope, parties can safeguard their intellectual property rights and interests.

Incomplete Assignment Language

Drafting an intellectual property assignment agreement without meticulous attention to language can lead to incomplete assignment language, thereby rendering the agreement ineffective in transferring ownership rights. This oversight can result in ambiguous phrasing, creating legal loopholes that can be exploited by parties seeking to undermine the agreement.

To avoid such pitfalls, it is vital to verify that the assignment language is thorough and unambiguous. The following common mistakes should be avoided:

• Omitting crucial details : Failing to specify the type of intellectual property being assigned, the scope of the assignment, or the rights being transferred can lead to confusion and disputes.
• Using vague terminology : Phrases like 'all intellectual property rights' or 'all rights whatsoever' can be too broad and open to interpretation, leaving room for legal disputes.
• Inconsistent language : Using different terms to describe the same concept throughout the agreement can create ambiguity and confusion, potentially invalidating the assignment.

Unclear Ownership Terms

Beyond the pitfalls of incomplete assignment language, unclear ownership terms can also undermine the effectiveness of an intellectual property assignment agreement, making it imperative to define ownership rights with precision and clarity. Failing to do so can lead to ownership disputes, which can have significant consequences for all parties involved. Ambiguous clauses can create confusion regarding the extent of ownership, territorial scope, and duration of rights, ultimately leading to costly litigation.

To avoid such disputes, it is vital to verify that the assignment agreement clearly outlines the specific rights being assigned, including the type of intellectual property, the scope of rights, and any geographical or temporal limitations. The agreement should also specify the parties' respective rights and obligations, including the assignor's warranty of ownership and the assignee's rights to exploit the assigned intellectual property.

Failure to Define Scope

How can intellectual property assignment agreements avoid the pitfalls of ambiguous scope definitions, which can lead to costly disputes and undermine the very purpose of the agreement? A failure to define scope can lead to scope creep, where the boundaries of the agreement are pushed beyond their intended limits, resulting in ambiguity risks and potential conflicts.

To avoid these pitfalls, it is crucial to clearly define the scope of the agreement, including:

• Specifically identifying the intellectual property rights being assigned , such as copyrights, trademarks, or patents.
• Defining the territorial scope of the agreement, including the countries or regions where the assigned rights will be exercised.
• Establishing the duration of the agreement, including any renewal or termination provisions.

In addition, it is vital to clearly define the scope of the agreement, including the aforementioned elements.

Frequently Asked Questions

Can i assign future copyrights not yet created?.

In general, assigning future copyrights not yet created is permissible, as it involves transferring rights to Future Works that may emerge from a creator's intellectual endeavors, effectively treating them as Speculative Assets.

Do I Need a Lawyer to Draft the Assignment Agreement?

When drafting an assignment agreement, it is advisable to engage a lawyer to guarantee compliance with legal standards, as drafting fees can be offset by avoiding costly future disputes and ambiguities in the agreement.

Can I Assign a Portion of My Copyright?

Yes, it is possible to assign a portion of your copyright, known as partial rights or a copyright fraction, which allows the assignee to exercise specific rights under the copyright, while the assignor retains the remaining rights.

Are Verbal Copyright Assignments Legally Binding?

Verbal copyright assignments can be legally binding as oral contracts, but they often harbor hidden pitfalls, such as ambiguity and lack of evidence, which can lead to disputes and undermine their enforceability.

Can I Revoke a Copyright Assignment Agreement?

Revoke a copyright assignment agreement? Not without traversing legal ramifications. Carefully review contract loopholes, as revocation may be restricted or contingent upon specific conditions, ensuring a thorough understanding of contractual terms is vital to avoid potential disputes.

Copyright Assignment: A How-to Guide

Find out more about Copyrights

by   LegalZoom staff

Read more...

Updated on: February 13, 2024 · 11 min read

1. Overview

• 2. Do's & don’ts checklist

A company’s ability to buy and sell property is essential to its long-term life and vitality. Although it does not take up physical space, an excess of intellectual property can burden a company, directing limited funds towards maintaining registrations, defending against third-party claims, and creating and marketing a final product. Selling unused or surplus intellectual property can have an immediate positive effect on a company’s finances, generating revenue and decreasing costs. When it does come time to grow a business, companies looking to purchase property (including copyrights or software) to support their growth must be sure that the seller does, in fact, have title to the desired items. A properly drafted 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. Copyright assignment agreements provide records of ownership and transfer and protect the rights of all parties. 

If you follow the enclosed sample and guidelines, you will have a written acknowledgment of the rights and responsibilities being transferred as part of your sale. This will provide essential documentation of ownership and liability obligations, and you will be well on your way to establishing a clear record of title for all of your copyrighted works. 

2. Do's & don’ts checklist

• A copyright is a form of protection federal law provides to creators of “original works of authorship.” This includes literary, dramatic, musical, and artistic works, both published and unpublished. The author of a copyrighted work can prevent others from copying, performing, or using the work without its consent. You can transfer any or all of these rights as part of a copyright sale.
• A copyright assignment is the transfer of copyright ownership rights from one party to another. This transfer is not valid unless it is in writing and signed by the owner or its authorized agent. If you want to transfer a right on a non-exclusive basis, a written agreement is usually not required. Note that in copyright law, an exclusive license essentially works as a transfer. The exclusive licensee can use the copyright, assign it to a third party, or sue a third party for infringement. A nonexclusive licensee has the first of these, but neither of the other two rights.
• A copyright transfer is typically accomplished through a contract, like the written agreement form that follows. Although not technically required, assignments should also be recorded with the U.S. Copyright Office (USCO) to provide notice of the ownership change. No special forms are needed for recordation, although the USCO does encourage registrants to use a “Document Cover Sheet” to facilitate such recordings. If you decide to file a Document Cover Sheet, provide at least two (2) copies of this form with the assignment itself. 
• Copyright ownership is different from ownership of physical copies of the work. The assignment does not transfer ownership of a physical item, even if there is a physical representation of the copyright. The author of a bestseller may hold a copyright in her book, but that doesn’t mean she owns every copy of the book that has ever been published. If you want to transfer a particular item that represents or includes the copyright, you must draft and sign a separate sales agreement for that property. 
• The advantage of selling your copyright outright (and not simply licensing or attempting to develop and market it yourself) is that you are guaranteed payment at the price you and the purchaser have negotiated. On the other hand, that one-time payment is all you will ever receive for your intellectual property, and you will no longer have the right to control anyone else’s use of your creation. By selling it or licensing it through your own company, the potential for future income remains, although that income is by no means certain. Before selling all of your rights in copyright, ensure this is the best (and most lucrative) approach for you and your company. 
• A copyright assignment does not have to be forever and does not need to be a complete assignment. You can grant a transfer for a specific period of time, in a specific area, or for a specific medium (e.g., allowing online use but not film use).
• Both parties should review the assignment carefully to ensure that all relevant deal points have been included. It is better to be over-inclusive than under-inclusive. Do not assume that certain expectations or terms are agreed to if they are not stated expressly in the document.
• Sign two copies of the assignment, one for you and one for the other party.
• It’s a good idea to have your assignment notarized. This will limit later challenges to the validity of a party’s signature or of the transfer itself.
• If your agreement is complicated, do not use the enclosed form. Contact an attorney to help you draft an assignment meeting your specific needs. 

3. Copyright assignment instructions

The following provision-by-provision instructions will help you understand the terms of your assignment. The numbers and letters below (e.g., Section 1, Section 2, etc.) correspond to the provisions in the agreement. Please review the entire document before starting your step-by-step process. 

• Introduction of parties. Identifies the document as a copyright assignment. Write in the date on which the document is effective (usually the date that it is signed). Identify the parties and, if applicable, what type of organization(s) they are. Note that each party is given a name (e.g., “assignor”) that will be used throughout the agreement. The assignor is the party that is giving (“assigning”) its ownership interest, and the assignee is the party receiving it.
• Recitals. The “whereas” clauses, referred to as recitals, define the world of the agreement and offer key background information about the parties. In this agreement, this section includes a simple statement of the intent to transfer rights in the works created.
• Section 1: Assignment of works. The assignment and acceptance of the assignment of the copyright in the work. Note that the works being assigned are not listed in the agreement itself. The agreement references “Schedule 1” and explains that a full list of the created items is located on that schedule. Be as complete and clear as possible in your description of the property being transferred. 
• Section 2: Consideration. In most agreements, each party is expected to do something. This obligation may be to perform a service, transfer ownership of property, or pay money. In this case, the assignee is giving money (sometimes called “consideration”) to receive the assignor’s property. Enter the amount to be paid, and indicate how long the assignee has to make that payment after the agreement is signed.
• 3(a): it is the owner.
• 3(b): the works are original.
• 3(c): it has not sold or transferred the property to any third party.
• 3(d): it has the authority to enter the agreement.
• 3(e): it does not believe that the works have been taken from any third party without authorization (e.g., a knowing copy of a novel).
• 3(f): it does not know of any permissions that have to be obtained in order for the assignment to be completed. In other words, once the agreement is signed, the assignment will be effective without anyone else’s input.
• 3(g): the works weren’t created while the creator was employed by a third party. In many cases, if an individual is employed by a company and comes up with a product, the company will own that product. This section offers assurance to the assignee that there are no companies that will make that claim about the works being sold. If you and the other party want to include additional representations and warranties, you can do so here. 
• 4(a): has the authority to enter the agreement.
• 4(b) has enough funds to pay for the assignment.  If you and the other party want to include additional representations and warranties, you can do so here. 
• Section 5: No early assignment. Prevents the assignee from re-transferring the work, or using it as collateral for loans, until it has made complete payment of the money due under the agreement.
• Section 6: Documentation. The assignor promises to help with any paperwork needed to complete the assignment (e.g., filing information about the assignment with the U.S. Copyright Office and transferring document titles). The bracketed phrases make the additional promise that the assignor will help with transfer paperwork for filings outside of the country. If this is not relevant to your agreement, delete the bracketed phrases.
• (a) Option 1: No further use of works. Indicates that after the effective date of the agreement, the assignor will stop using all of the works and will not challenge the assignee’s use of those works. Essentially, this option cuts off the assignor’s use of the transferred property completely—after the sale, it will have no ability to use those items for any purpose. The bracketed phrase at the end may be applicable to any works that have credited creators (e.g., novels, artwork, etc.). If this does not describe the work being sold in this agreement, you can delete this phrase.
• (b) Option 2: Non-exclusive license to the assignor. This provision favors the assignor a bit more than the first. It states that the assignor will have the right to use the works and create derivative works from it, although it will not receive royalties for this use. This may be necessary, for example, if the works being sold are source codes for software. Although the copyright and the related rights to sell the product may rest in the assignee, the parties might think it reasonable for the assignor to continue to use the code it created.
• Section 8: Successors and assigns. States that the parties’ rights and obligations will be passed on to successor organizations (if any), or organizations to which rights and obligations have been permissibly assigned.
• Section 9: No implied waiver. Explains that even if one party allows the other to ignore or break an obligation under the agreement, it does not mean that the party waives any future rights to require the other to fulfill those (or any other) obligations.
• Section 10: Notice. Lists the addresses to which all official or legal correspondence should be delivered. Write a mailing address for both the assignor and the assignee.
• Section 11: Governing law. Allows the parties to choose the state laws that will be used to interpret the document. Note that this is not a venue provision. The included language will not impact where a potential claim can be brought. Write the applicable state law in the blank provided.
• Section 12: Counterparts/electronic signatures. The title of this provision sounds complicated, but it is simple to explain: it says that even if the parties sign the agreement in different locations, or use electronic devices to transmit signatures (e.g., fax machines or computers), all of the separate pieces will be considered part of the same agreement. In a modern world where signing parties are often not in the same city—much less the same room - this provision ensures that business can be transacted efficiently without sacrificing the validity of the agreement as a whole.
• Section 13: Severability. Protects the terms of the agreement as a whole, even if one part is later invalidated. For example, if a state law is passed prohibiting choice-of-law clauses, it will not undo the entire agreement. Instead, only the section dealing with the choice of law would be invalidated, leaving the remainder of the assignment enforceable.
• Section 14: Entire agreement. The parties’ agreement that the document they’re signing is “the agreement” about the issues involved. Unfortunately, the inclusion of this provision will not prevent a party from arguing that other enforceable promises exist, but it will provide you some protection from these claims.
• Section 15: Headings. Note that the headings at the beginning of each section are meant to organize the document and should not be considered operational parts of the note.
• Schedule 1: List of works transferred. In order for a copyright assignment to be effective, the work being transferred must be clearly identified. Be thorough in your description and attach any registrations or samples you may have (if practicable). If you do include samples, reference the inclusion or transfer of those samples in the schedule (e.g., “* A copy of this document is attached”). If you do not include samples, provide a more complete description of the work. Consider attaching photographs for large-scale objects (e.g., sculptures or paintings).

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• Library of Congress
• Research Guides
• Prints & Photographs

Prints & Photographs: Copyright and Rights and Restrictions Information

Copyright and other restrictions that apply to publication/distribution of images: assessing the risk of using a p&p image.

• Introduction
• Image Rights and Restrictions Statements
• Creative Commons Licenses and Definitions

Prints & Photographs : Ask a Librarian

Have a question? Need assistance? Use our online form to ask a librarian for help.

This page provides guidance on some of our most frequently asked questions about rights to images in Prints & Photographs Division (P&P) collections:

• Can I use an image that I've found in P&P's collections? (This discussion includes information on how long copyrights last )
• This all seems complicated when all I need is for you to sign a form giving me permission!
• If it displays for me off-site (searching from somewhere other than a Library of Congress workstation), does it mean it's ok to use?
• How should I credit the Library as the source of the images I'm using?

The information below applies to use of material in the United States. Use outside the U.S. is governed by the laws of the country in which the material is being used .

1. Can I use an image that I've found in the P&P collections?

The answer to this question involves considering other questions:

• What do you know about the rights associated with the image?  and
• How do you plan to use the image?  (For instance, if your use falls under the "fair use" clause in the copyright law, copyright will be less of an issue, though you will need to pay attention to any donor restrictions)

Sometimes the answer is very clear. Other times the answer isn't clear at all.

In all cases, it is the researcher's obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials found in the Library's collections.

1a. What do you know about the rights associated with the image?

When the Prints & Photographs Division has information about copyright or donor restrictions associated with an image or a collection of images, it conveys that information to researchers through catalog records and/or rights statements. (Note: Users need to be aware of other types of rights that can apply, including privacy rights, publicity rights, licensing and trademarks.)

Can you find:

• An associated catalog record (text giving data about the specific image) in the Prints & Photographs Online Catalog ?
• A rights and restrictions statement giving information about rights?

If no catalog record data or rights statement is available , you will need to find the rights information related to the image or collection yourself .

Notes You May Find in P&P Catalog Records:

• "No known restrictions on publication"
• "Publication may be restricted"
• "May be restricted: Information on reproduction rights available in LC P&P Restrictions Notebook"
• "Rights status not evaluated ..."
• Notes with different wording or no note

When P&P staff have received or gathered information pertinent to rights for individual images, notes are added to the text of the catalog records to explain what is known.

• Does the catalog record associated with the image include text that says "No known restrictions on publication" ?

No known restrictions on publication  means that the Library is unaware of any restrictions on the use of the image. These are generally the situations where this phrase is used:

1. There was a copyright and it was not renewed or the term of copyright has expired (see section below,  "How Long Copyrights Last" .

2. The image is from a late 19th or early 20th century collection for which there is no evidence of any rights holder:

• There are no copyright markings or other indications on the images to indicate that they were copyrighted or otherwise restricted, AND
• The records of the U.S. Copyright Office do not indicate any copyright registration, AND
• The acquisition paperwork for the collection does not contain any evidence of any restrictions, AND
• Images from the collection have been used and published extensively without anyone stepping forward to claim rights.

These facts do not mean the image is in the public domain, but do indicate that no evidence has been found to show that restrictions apply.

What if there is a note with different wording from the above examples or no note at all? Catalog records have been created over a long period of time, so wording of rights information may vary. If a record does not contain a rights note, it may mean the Library has not received or gathered information pertaining to the rights for the image and you will need to gather that information yourself (see " Doing Your Own Evaluation ," below).

Individual Rights and Restrictions Statements

Rights and Restrictions statements written by P&P for specific collections or artists are available online. Look on the  Rights and Restrictions Information  page or search in the site search box on that page for the name of:

• the collection from which the image comes, or
• the artist who made it.

If there is no rights statement for a collection, we may not have analyzed it yet. The information below is intended to help you interpret the language found in rights and restrictions statements.

• Sometimes the donor’s restriction is on a certain type of use.  Example : LOOK Magazine Photograph Collection rights statement
• Sometimes the donor has specified the length of time that the collection is restricted.  Example : Brigitte Stelzer statement

Rights statements are sometimes confusing because images within a collection were sometimes made or gathered under varying circumstances. While the vast majority of images in a collection may be analyzed one way, there may be exceptions, and a few images may be analyzed another way.

Doing Your Own Rights Evaluation

When the Prints and Photographs Division has not provided catalog notes or rights statements, you will need to find the rights information related to the image or collection yourself. You'll need to gather whatever information you can about the image.

(Reminder: in  all  cases, it is the researcher's obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials found in the Library's collections.)

This section covers:

• Was the image made by the U.S. government?
• Searching for copyright information
• If you do not have copyright registration information for the image, do you think the item is published or unpublished?
• How long copyrights last
• Situations where there is simply insufficient information
• What about copying from a book or other published source?
• Finding more guidance

Was the Image Made by the U.S. Government?

Works created by officers and employees of the United States Government are not eligible for copyright protection within the United States. 17 U.S.C. § 105. For more information about U.S. government works and copyright, see: https://www.usa.gov/government-works .

Or Do You Have (Or Can You Get) Copyright Registration Information for the Image?

Evaluating the rights status of an item is pretty straightforward when the name of a copyright claimant and the copyright registration number and date is found on the image or in the catalog record that describes it.

Searching for Copyright Information

To determine whether you can get copyright information if it is  not  in the catalog record or on the item, you can

• search the records of the U.S. Copyright Office yourself, or
• hire someone to perform a search [see, for example, P&P's list of searchers ] or
• pay the Copyright Office for a search.

Copyright registrations from 1978 to the present can be searched online (see: " Guide to Searching the Copyright Office Catalog " [pdf]). Further information about copyright searching is available in U.S. Copyright Office  Circular 22  [pdf], "How to Investigate the Copyright Status of a Work," and from the Search Division of the U.S. Copyright Office (telephone 202-707-6850). Searches cannot be considered conclusive but will show a good faith effort.

If you find copyright registration information, the next step is to determine how long that copyright protection would last (see  How Long Copyrights Last , below)

In the Absence of Copyright Registration Information, Do You Think the Item is Published or Unpublished?

The U.S. copyright law distinguishes between "published" and "unpublished" material, with different terms of copyright applied to each.

Based on what you conclude about whether the work in question is  published  or  unpublished , the next step is to determine how long the copyright protection would last.

How Long Copyrights Last

You can apply facts about the duration of copyright to determine if a copyright has expired or is still in effect. The full copyright law is available from the U.S. Copyright Office web site at  http://www.copyright.gov/ , as are circulars that explain specific aspects of the law, including these circulars, which deal with duration of copyright:

• Circular 1 , Copyright Basics [PDF file; 129 kb]
• Circular 15 , Renewal of Copyright [PDF file; 136 kb]
• Circular 15a , Duration of Copyright [PDF file; 187 kb]
• Circular 15t , Extension of Copyright Terms [PDF file; 19 kb]

The following facts are drawn from the circulars listed above:

Works published or registered in the U.S. more than 95 years ago are now in the public domain.  The simplest calculation (if you prefer to deal in round numbers) is to: add 100 to the year the item was published/registered for copyright and subtract 4. The item will enter the public domain on January 1 of that year [see #1 in the chart of examples below].

Note : Starting in the late 1990s and up until 2019, a key date for assessing copyright in the U.S. was the year 1923. That was because, according to the Copyright Act of 1976, works registered for copyright or published with a copyright notice were protected for a maximum of 75 years of copyright protection, assuming the copyrights on the works were renewed (28 years first term plus 47 for the second, if renewed). Public Law 105-298 enacted in October 1998 increased the maximum to 95 years [28 years first term and 67 for the second, if renewed]. Before 1998 the longest amount of time a work could be protected was 75 years, so works before 1923 were no longer protected (1998 minus 75 years equals 1923). When the law changed, the 1923 date was "frozen" and remained so until January 1, 2019.

Published works registered for copyright in the U.S. through Dec. 31, 1963 are now in the public domain unless the copyright was renewed . If the copyright was not renewed, the copyright expired after 28 years. If the copyright was renewed, the item is protected for 95 years from the copyright date. The only way to determine whether the item was copyrighted and that the copyright was renewed is to do a copyright search (see information above about  copyright searching ). [see #2-5 in the chart of examples below]

Works published with a copyright notice or registered for copyright between January 1, 1964 and December 31, 1977 are generally protected for 95 years  [see #6 in the chart of examples below].

Examples: 

Works created by individuals on or after Jan. 1, 1978 are generally protected for the creator's life plus 70 years.  ( Circular 1  [pdf], "Copyright Basics," page 4). Works made for hire are protected for longer terms--see the  section below on works for hire . For unpublished works where the death date of the creator is not known, the copyright term is 120 years from the date of creation. Note about copyright notices : For some pre-1989 works, publication without a copyright notice may mean that the item is in the public domain. The criterion of the copyright notice is easy enough to apply to books, but a bit tricky with images, since the original work may have had a copyright notice that was not reproduced on subsequent copies or the copyright may have been on the work in which the image appeared, rather than on the image itself.  Images without a copyright notice may still be under copyright. The U.S. Copyright Office  Circular 3  [pdf; 125 kb], "Copyright Notice" explains the notice requirements for works published between January 1, 1978, and February 28, 1989 and provides a reference for locating information on the requirements prior to 1978.

If you think the item should be considered  unpublished ,  this guidance from the U.S. Copyright Office applies:

Works created before January 1, 1978 but not published or registered by that date are generally protected by copyright law for the life of the creator plus 70 years.  ( Circular 1  [pdf], "Copyright Basics, " page 4) . For unpublished anonymous works and works where the death date of the creator is not known, the copyright term is 120 years from the date of creation.

Works created on or after Jan. 1, 1978 are generally protected for the creator's life plus 70 years.  ( Circular 1  [pdf], "Copyright Basics," page 4)

Situations Where the Image Was Made "For Hire" or Is an Anonymous or a Pseudonymous Work

Works made for hire : One complicating factor is when someone makes an image for someone else (a “work made for hire”). In that case, the party that hired the individual to create the work is considered the author and holds the copyright in that creation. Works made for hire are under copyright for 95 years from publication or 120 years from creation, whichever is shorter. ( Circular 1  [pdf], "Copyright Basics, " page 3-4)

Anonymous and pseudonymous works : The duration of copyright for works for hire and for anonymous and pseudonymous works is 95 years from publication or 120 years from creation, whichever is shorter. ( Circular 1  [pdf], "Copyright Basics, " page 4)

Foreign Works

For  use within the United States , the following guidelines apply:

• Works published outside the U.S. but registered for copyright in the U.S. more than 95 years ago are considered to be in the public domain. [ Fishman , chapter 18.13 and 18.15]
• For works other circumstances/countries, consult U.S. Copyright Office  Circular 38A , "International Copyright Relations."

Use Outside the United States

The use of US copyrighted works outside of the United States is complicated and may be affected by international treaties and the laws of other countries. Consult  Circular 38A  [pdf], "International Copyright Relations" for more information.

Situations Where There is Simply Insufficient Information

Unfortunately, many P&P images lack information on the image or associated with the image (particularly the date of creation or the name of the individual or firm that created the image) to help with rights evaluation.

These images, sometimes called "orphan works," are the most vexing to researchers trying to determine rights. You will need to consider what you know about when and why the image was created, what you plan to use the image for, and then assess the risk of using it for that purpose.

Request a  copyright search , even if you have little information to go on. The paperwork from the Copyright Office could show your good faith effort to establish the rights status of the image.

• Record the type of searching you have done and what you did or didn't find, so you can demonstrate you used due diligence in searching for the rights holder.

It may or may not help to know that the problem is so vexing that the U.S. Copyright Office recently opened an examination of issues related to orphan works , which it defined as those whose owners are difficult or even impossible to locate.

What About Copying One of P&P's Images from a Book or Other Published Source?

If you are planning to copy and publish an image from a copyrighted, published source (e.g., a book), you should check with the publisher, since technically it owns the rights to the version appearing in the book--though few publishers realize that or seem to wish to control such copying.

Finding More Guidance

Information is available from the U.S. Copyright Office web site .

The U.S. Copyright Office, the Prints & Photographs Division, and other units of the Library of Congress do not provide legal advice about copyright law. The following resources may be helpful as further guidance:

A chart laying out when items pass into the public domain published by the Cornell Copyright Information Center External .

A book written by professional picture researcher Scott Tambert: How to Use Images Legally External

John Schultz and Barbara Schultz, Picture Research: A Practical Guide . N.Y.: Van Nostrand, 1991. [call number: TR147.S38 1991 P&P] This book, for instance, summarized the problem of the lack of precise copyright/publication information when it comes to images:

...Pictures can fall into a murky area where they may or may not be copyrighted. These situations are perilous to the user, and vexing to the picture researcher or permissions researcher who must try to assure the publisher that he owns the legal right to reproduce. When copyright is unknown or ambiguous, publishers have to make calculated risk decisions.... ( p. 216).

• Stephen Fishman, The Public Domain: How to Find & Use Copyright-free Writings, Music, Art & More . 2nd ed. Berkeley, CA: Nolo, 2004. [LC call number: KF3022.Z9 F57 2004]

1b. How do you plan to use the image?

After you have gathered whatever facts are available about the rights associated with the image, consider how you plan to use the image.

• Could your use be considered "fair use" ? Section 107 of the U.S. Copyright law contains a list of the various purposes for which the reproduction of a particular work may be considered "fair," such as criticism, comment, news reporting, teaching, scholarship, and research. See: U.S. Copyright Office Frequently Asked Questions fact sheet on fair use .

Some information on privacy and publicity rights is available in the Library of Congress online legal notice .

Some examples of making use determinations

A publishing company wants to copy, reprint, and sell as a postcard (intended use) a photograph copyrighted before 1923 (facts about the image). It decides that since the copyright has clearly expired it is ok to do so.

A textbook publisher want to use photographs taken by John Collier for the U.S. Farm Security Administration in a textbook (intended use). He sees that the Rights and Restrictions statement says “Most photographs in this collection were taken by photographers working for the U.S. Government. Work by the U.S. Government is not eligible for copyright protection (see page 5 of the Copyright Office's Circular 1, "Copyright Basics"). However, the FSA occasionally and the OWI frequently bought or otherwise obtained some photographs from other sources. All known information about the source of the images is found in the labels on the photographs.” He double checks the catalog records for the images he wants to use to be sure they are all by John Collier, a photographer who worked for the FSA, and hence for the U.S. government (facts about the image  and  the collection from which it comes), and decides the images are ok to use.

2. This all seems complicated when all I need is for you to sign a form giving me permission!

3. if it displays for me off site does it mean it's ok to use.

The Library displays jpegs and tiffs offsite for those images for which a rights analysis shows:

• that there are "No known restrictions," OR
• that the copyright has expired, OR
• that the creator has released his rights OR
• Camilo José Vergara rights and restrictions statement  OR
• Farm Security Administration/Office of War Information Collection rights and restrictions statement
• Theodor Horydczak Collection rights and restrictions statement

While the overwhelming majority of images that display jpegs and tiffs off-site fall into the first three categories, be sure you haven't wandered into one of the few collections in the fourth category. Moreover, although the fact that jpegs/tiffs display off-site may offer some clues as to the rights status of an image, you will still need to make your own determination. As always, you need to consider the rights issues, including copyright, privacy, publicity and related rights in light of your intended use .

4. How should I credit the Library as the source of the images I'm using?

When material from the Library's collections is reproduced in a publication or website or otherwise distributed, the Library requests the courtesy of a credit line.

Ideally, the credit will include

• reference to Library of Congress, and
• the specific collection which includes the image, and
• the image reproduction number (negative, transparency, or digital id number).

Such a credit furthers scholarship by helping researchers locate material and acknowledges the contribution made by the Library of Congress.

Example: Wright Brothers collection, Prints & Photographs Division, Library of Congress, LC-ppmsca-04598.

When space considerations preclude such a caption, shorter versions may be used.

• Courtesy of the Library of Congress, LC-USZ62-13459
• LOC, LC-ppmsca-09756
• Library of Congress, C4-2356
• << Previous: Creative Commons Licenses and Definitions
• Last Updated: Aug 19, 2024 1:24 PM
• URL: https://guides.loc.gov/p-and-p-rights-and-restrictions

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