Florida Assignment of Copyright to Multiple Works Pursuant to Asset Purchase

State:
Multi-State
Control #:
US-02495BG
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Word; 
PDF; 
Rich Text
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Description

A "copyright" offers protection for original works of authorship. Copyright protection affords the author of a copyrighted work with specific rights that the author can give or sell to others or keep for him/herself. The concept of copyright protection in the United States is set forth in the original U.S. Constitution which allows Congress to pass laws that promote and encourage the process of the useful arts. 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

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. See Circular 1, Copyright Basics, section "Transfer of Copyright," for a discussion of ownership.

The assignor must receive consideration for the agreement, otherwise the assignment will be ineffective. However, an absolute assignment does not require consideration to be given.

The burden of a contract can never be assigned without the consent of the other party to the contract in which event such consent will give rise to a novation."

In Florida, a contractual right is assignable unless: The assignment is prohibited by statute or on public policy grounds (see, for example, Law Office of David J.

(1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

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.

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.

A contract without consideration isn't considered valid. In order for a contract to be legally binding, it must have consideration, an offer, and acceptance.

"Consideration" is something that each party to a contract gives to the other party in exchange for that other party's promise or performance of the contract. Transfers of rights under copyright, including exclusive licenses, do not require consideration in order to be valid.

A copyright owner's exclusive rights (either in whole or in part) can be transferred to another party, but it must be in writing and signed by the copyright owner to be considered valid. An authorized agent of the copyright owner (such as an attorney or business associate) can also sign the writing.

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Florida Assignment of Copyright to Multiple Works Pursuant to Asset Purchase