If the copright is in my name, does the material belong to me?

[Truth2984]

What is the name of your state (only U.S. law)? New Jersey

I have copyrighted artwork for a graphic novel under my name as the primary. There are other names on the document but listed as secondary. Am I right in assuming that the rights do initially belong to me?

 

[FlyingRon]

If multiple people are listed as the author they all share in the rights. There's no 'primary' or first person who gets all the rights.

If however, the others defer their rights to you, you become the claimant (i.e., the one who claims the rights) in that section of the application.

Of course, just because you assert you are the claimant, doesn't presume the others will not challenge that.

 

[Truth2984]

ok Thank you

There isn't a problem to get them to defer their rights but I still need them sign a written agreement stating so, correct?

Something along the lines of "I _____, hereby defer all rights to____..."

 

[FlyingRon]

Yes, unless you have clear indication that the work was done for you for hire (and even then), you'd be well advised to have an explicit assignment of "ALL" rights (or which ever you want to have).

 

[Truth2984]

thank you again Ron

Should I include "Claimant Rights" to be more precise or was it fine the other way?
"I,____, hereby relinquish all "Claimant rights" of said copyrighted material to______"

 

[FlyingRon]

Claimant isn't a right, it's one who asserts those rights.
ALL is the word you want.

If you want a form, the various legal forms sights listed here will have Assignment of Copyright forms (or you can try a library or office supply store).
(As a matter of fact, if you look at the samples on some of these sites, you can get the text you want without actually having to pay for the actual from).

 

[Truth2984]

thank you for everything Ron. I will find an Assignment Copyright template and make the necessary changes. Have a nice day.

 

[Truth2984]

if I want to get the agreement notarized, should the notary sign on the agreement that me and my partners sign or does the notary have to sign his own agreement saying they witnessed the signing.

(all on one document) "I,_____hereby relinquish all rights.."

Signature______, Signature_______, Notary_______

or

Two separate documents "I, ____ hereby relinquish all rights"

Signature___, Signature_____


for notary:
I have witnessed the signing..."

Notary Signature__________

 

[justalayman]

how would one prove what the notary witnessed was the signatures on that specific assignment?

the notary's seal is on the original document.


Um, do not put the notary in with the various parties' signatures. It makes it look like they are a party to the contract. I happened to notice that is what you were showing after I reread your question.