Copyright Assignment Agreements is executed, when the author of a work transfers all his rights or partial rights in the copyright to another or third person. For example, when a script writer writes for a screenplay and transfers all or partial rights of the written script to the producer of the motion picture, then such agreements are entered. The agreement makes the producer legal owner of the work of the author and also prevents the writer from taking any infringement claim against the producer for the use of script in the production of the motion picture.
But sometimes certain complicated situation arises, where the writer completes the work as an employee or work-made-in- hire and the employer claims, the right of all created work by the worker including, authorship of the script, as the work was created as an employee or work-made-on-hire. In second scenario, when third person is approached for the specific work or writing. For both cases, United States Copyright Act provisions should be followed regarding the ownership of the created product or scripts.
The best course of action for the producer or publisher is to enter into Copyright Assignment Agreements with the writer, where the writer assigns or transfers the right and title to the client or producer. The agreement designates the original author as author, whereas the producer or publisher is termed as the sole owner possessing all rights to the created work. The agreement also includes provisions, which may or may not make it necessary to use the name of the author for the promotion, production or distribution of the work.
Among other provisions through which all or partial rights are transferred to the producer, the agreement also have clauses of representations and warranties with the date of the agreement and signature of both parties, making it legally binding document.
The best course for the producer to safeguard from any infringement or copyright violation in future date is to file the Copyright Assignment Agreement with the US Copyright Office, under the proper designation, provisions of work- made -on –hire or third party creation and which rights were transferred to the producer.
Below given Copyright Assignment Agreement template will guide you, when you formulate such agreements for your own use:
Copyright Assignment Agreement
Author:
Address:
1. This is an assignment from the author to the__________________, and to _______successors and assigns, of the entire right, title and interest in and to:
1. the copyright to Author’s contribution (hereafter referred to as the __________-__" and which is more specifically defined below) to the work provisionally titled "____________________" (hereafter, "the Work");
2. any registrations and copyright applications, along with any renewals and extensions thereof, relating to the Contribution or the Work;
3. all works based upon, derived from, or incorporating the Contribution;
4. all income, royalties, damages, claims and payments now or hereafter due or payable with respect to the Contribution or the Work;
5. all causes of action, either in law or in equity, for past, present, or future infringement of copyright related to the Work, and
6. all rights corresponding to any of the foregoing, throughout the world.
2. The Author’s Contribution consists of co-authorship of the Work. The other co-authors are
_____________________,
_____________________ & ___________________.
3. This Assignment includes the assignment of all rights, including copyright, to any modifications or other alterations to the Work or the Contribution that the Author makes under this Agreement or any other agreement between the Author and _____________.
4. The Author’s signature on this Agreement is the Author’s representation and warranty that:
a. the Author is the sole author and sole proprietor of all rights in and to the Contribution;
b. the Contribution is original and contains no material from other copyrighted or unpublished works unless it is used with the written consent of the copyright owner and of the owner of any other right(s) to or in such other works;
c. the Contribution does not violate or infringe any personal or property rights of others, whether common law or statutory
d. the Contribution contains nothing libelous or contrary to law; and
e. the Author has full power and authority to enter this Agreement.
5. In consideration for the Author’s assignment of rights in this Agreement, ____will provide appropriate attribution (the form of which is in _____’s sole discretion) for the Author’s creation of the Contribution if and when the Work is distributed or sold.
6. In addition, to the extent any applicable law or treaty prohibits the transfer or assignment of any moral rights or rights of restraint the Author has in the Work or the Contribution, the Author waives those rights as to __________, its successors, licensees or assigns.
READ THIS ENTIRE DOCUMENT CAREFULLY; IT IS A RELEASE AND ASSIGNMENT OF YOUR LEGAL RIGHTS.
ACCEPTED AND AGREED TO:
AUTHOR
Signature______________________________
Printed Name______________________________
Date_____________________________
WITNESS
Signature______________________________
Printed Name______________________________
Date______________________________