The assignment of copyright is an agreement, where the writer transfers, partially or totally, the rights of his writing to a third person, in exchange for a certain amount of money. Said agreements are basically made by the screenwriter of the film or the authors of the books, when they transfer all or part of the rights of their work to the producer of the film or the publisher of the book, in exchange for monetary considerations for their finished work. The agreement is also essential to prevent the writer from suing for copyright infringement and infringement for reusing her work.
There are different ways, as the writer or author transfers his right. In the first instance, the writer may be hired by the producer to write a script, or may be designated as ‘Work for Hire’, to finish the writing job. Once the writer completes the writing assignment, he transfers the right to the script to the producer, via the copyright transfer agreement and commits in writing that the writing was completed during ‘work for hire’. By signing the Rights Transfer Agreement, the producer owns and becomes the legal owner of the work made by the author.
It should also be noted that, the writer not only transfers his right for the purpose of the work, he also transfers numerous rights below to third parties:
• Copies of the work may be reproduced.
• Derivative or copied works may be created from the writer’s work.
• Copies or original work may be sold or distributed to the public, by transfer of ownership, publishing, loan, rental, and other means.
• The work may be publicly displayed and used for monetary or other considerations.
The agreement also contains contact details, provisions for the transfer of rights to the sponsor or agent, warranties and representations, the date of the agreement, the signature of both parties, and many other clauses. The signed Agreement becomes legally binding on either party and can be filed in court for resolution of disputes and copyright violations.
It is also recommended that the contract be filed with the US Copyright Office to protect it from lawsuits for copyright infringement and infringement at a future date. The submission of the Copyright Assignment must be made in the correct order, such as the proper designation, the type of work (employed or made under contract), and the nature of the rights transferred. During copyright infringement claims in court, such an agreement and file details with the US copyright office are very helpful in protecting the assignee or assignee.