Delaware Assignment of Interest in Copyright

State:
Multi-State
Control #:
US-0578-WG
Format:
Word; 
Rich Text
Instant download

Description

The word copyright can be defined as a property right in an original work of authorship (such as a literary, musical, artistic, photographic, or film work) fixed in any tangible medium of expression, giving the holder the exclusive right to reproduce, adapt, distribute, perform, and display the work. Copyright protection may be received regarding a wide range of creative, intellectual, or artistic forms or works. These include poems, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, radio and television broadcasts. The creator of the work has a limited monopoly on the work and can, with some exceptions, prohibit others from copying or displaying the work. The United States copyright law is contained in Chapters 1 through 8 and 10 through 12 of Title 17 of the United States Code.

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FAQ

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.

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.

As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment.

The requirements for recordation include all applicable fees, a legible and complete copy of the property to be transferred, and the signature or certified true copy of the individual's signature assigning the copyright.

Assignment of Copyright (Section 18)The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work2.

In an assignment of copyright rights, the owner sells his or her ownership rights to another party and has no control over how the third party uses those rights. A copyright assignment is sometimes referred to as a sales agreement for copyright.

Are copyrights transferable? Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another.

The court held that an oral transfer can be given legal effect by a subsequent signed writing, particularly in situations where there is no dispute between the transferor and transferee about the ownership of the copyright.

Under the Act1 the assignment of copyright (whether full or partial) will not be valid unless the assignment is contained in writing.

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Delaware Assignment of Interest in Copyright