South Carolina Assignment of Copyright to Multiple Works Pursuant to Asset Purchase

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Multi-State
Control #:
US-02495BG
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Word; 
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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

Licensing generally includes exclusive, non-exclusive, and compulsory licenses. Exclusive licenses grant rights to one party, prohibiting others from using the work. Non-exclusive licenses allow the copyright owner to license the same work to multiple parties. Compulsory licenses permit others to use the work under specific conditions without the owner’s direct consent, which can often apply to certain music or art cases.

An assignment without consideration is valid when: there has been a delivery; the assignment is in writing; or. the assignment is by way of gift.

17 U.S.C. § 204. The sequence of assignments to Swift Harvest meet the legal standard for transfer by gift and the requirements of the Copyright Act they were in writing signed by the assignor. No consideration was required.

A total assignment of copyright must be: In writing. Signed by the assignor and assignee....If executing the assignment as a deed, the deed:Must be written.Must be clear from the document that it is a deed.Must be executed as a deed.Must be delivered as a deed.

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.

An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful.

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.

No assignment of the copyright in any work shall be considered valid unless it is in writing and signed by the assignor/ his duly authorised agent. The assignment of copyright in any work shall identify such work, and specify the rights assigned, duration and territorial extent of such assignment.

A copyright may be transferred in one of two ways, namely by assignment or by licensing; licences may be exclusive or non-exclusive.

Meaning of Copyright Transfer Copyright Transfer or Assignment Agreements both provide ownership records and transfer & safeguard the rights of all parties. It simply means that a Copyright owner has the exclusive right to transfer his or her Copyright to any other individual or third party.

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South Carolina Assignment of Copyright to Multiple Works Pursuant to Asset Purchase