• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How does one write a transfer of copyright ownership/authorship?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kbear71

Junior Member
What is the name of your state (only U.S. law)? MN

I am submitting a copyright for a computer program. I worked on it with one other person who I have listed as an author as well as myself on the copyright. I want to transfer the authorship/ownership of the program to my business which is set up to sell the program to government agencies and schools (my business is set up to have a special Tax Identification Number to sell to the government). The other author is in agreement, but I can not seem to find a sample of such an agreement - even on the US Copyright's site. Can it just be a one or two sentence agreement typed up dated and signed by all parties?
 


quincy

Senior Member
To transfer a copyright, the transfer needs to be a written agreement that is signed by all parties, and the rights that are transferred need to be exclusive ones. The transfer agreement can be a simple document.

A copyright gives a copyright holder the exclusive right to reproduce the work, display or perform the work, distribute the work, and prepare derivatives of the work. The copyright holder is also entitled to sue anyone who infringes of any of these rights.

A copyright holder can transfer ALL of these exclusive rights in the work (making the transferree the new copyright holder and leaving the original copyright holder with NO rights in the work) or a copyright holder can transfer just ONE or SOME of the rights in the work (say, the exclusive right to distribute the work) and still retain the rest of the rights in the work (say, the right to reproduce the work and prepare derivatives). The person who has had exclusive rights transferred to him by the copyright holder becomes essentially the copyright holder for that right. If a person has the exclusive right to distribute the work, then that person can prevent others from distributing the work and can also sue anyone who infringes on this right.

It is generally wise and certainly recommended to have an attorney draft the transfer document to ensure it covers all that it needs to cover. You will want to make sure the transfer is legally binding and enforceable. It is wise and recommended to have this transfer recorded with the U.S. Copyright Office.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top