New Jersey Assignment of Rights in Computer Software - With Reservations
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FAQ
Licensing gives someone other than the owner a temporary right or permission to use the work protected by copyright while the owner maintains ownership of the copyright. In most cases, the owner of a copyright will ask for a fee, or royalty, or other compensation for granting someone a licence to use the copyright.
An assignment of copyright is a transfer of ownership. It must always be in writing and signed by the copyright owner. A licence simply allows another person to use the work without transferring ownership.
WHAT IS THE DIFFERENCE BETWEEN ASSIGNMENT AND A LICENSE? The main difference between the two is that in a license the person granting permission (Licensor) retains an interest in the property being licensed, whereas in an assignment the assignor transfers his rights in the property being assigned.
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.
Licensing gives someone other than the owner a temporary right or permission to use the work protected by copyright while the owner maintains ownership of the copyright. In most cases, the owner of a copyright will ask for a fee, or royalty, or other compensation for granting someone a licence to use the copyright.
The term 'assignment' and 'license' cannot be interchanged. A license is different from an agreement. Generally, in absence of any provision to the contrary, the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.
The main difference between an assignment and a license is who owns the copyright. In an assignment the copyright holder gives up ownership and in a licence, the copyright holder retains it.
Copyright assignments relinquish ownership of the copyright to the other person (the 'assignee'), often in exchange for a sum of money. Assignments may not be forever. Instead, they might only be partial (where copyright is assigned only for a limited time, on specific terms).
The key difference between an assignment and a licence is that an assignment is a transfer of ownership and title, whereas a licence is a contractual right to do something that would otherwise be an infringement of the relevant patent rights.
An assignment of copyright is the transfer of copyright to a third party who then becomes the copyright owner. In order to be a legally valid assignment of copyright, it must be in writing and signed by or on behalf of the copyright owner.