{"id":5071,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/transfer-of-copyright.html"},"modified":"2024-05-22T21:54:34","modified_gmt":"2024-05-23T02:54:34","slug":"transfer-of-copyright","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/transfer-of-copyright.html","title":{"rendered":"Transfer of Copyright"},"content":{"rendered":"\n
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Transfer of Copyright<\/h1>\n
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\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

As a business owner, you worked hard to create original work and content. You policed copyright infringements and grew your brand. Maybe you even grew your initial creative work by creating spinoffs like derivative works. Now, you want to monetize your copyright ownership<\/a> by transferring it to a new owner. That new owner could be another small business or person. You can transfer your rights for a fee.<\/p>\r\n

This article will help walk you through how to handle the transfer of copyright ownership and discuss some common business law<\/a> pitfalls to avoid when drafting your transfer.<\/p>\r\n

What Is a Copyright?<\/h2>\r\n

Copyrights<\/a> are personal property rights<\/a> that give the copyright owner<\/a> control over the use and transfer of the copyrighted work. Copyrights are important because they allow an author to create original works without the fear of later being stolen by another author.<\/p>\r\n

Although registering your copyright<\/a> makes it much easier to defend your copyrighted works, it is unnecessary. Copyright law protects the work upon its creation. There are instances where an author may want to transfer some or all of their copyright<\/a> to another person or entity.<\/p>\r\n

A copyright owner’s<\/a> exclusive rights (either in whole or in part) can be transferred to another party. It must be in writing and signed by the copyright owner. An authorized agent of the copyright owner (such as an attorney or business associate) can also sign the writing. However, a written agreement is not required if the owner is transferring nonexclusive rights.<\/p>\r\n

Who Owns a Copyright?<\/h2>\r\n

It may sound silly to question who owns a copyright, but it is more complicated than you think. Usually, the person or small business who is the work’s author owns the initial rights to the copyright. This also extends to collective works<\/a>, though there are limitations. The owner may be an individual, sole proprietorship, limited liability company, nonprofit, partnership, or corporation.<\/p>\r\n

If you are part of a company with multiple members, you should review your operating agreement to ensure you can transfer copyright interests. You may need to get a vote from your voting members and issue a companywide resolution before moving ownership rights. You will need to ensure the appropriate company member signs the agreement.<\/p>\r\n

When an employee creates a creative work during their employment, their employer owns the copyright. This is a work made for hire.<\/p>\r\n

If you submitted a copyright registration for your creative work under a business name, that business owns the copyright. This is important to know when you draft a transfer of copyright ownership agreement. Your company, and not you individually, owns that work. No one member of a company, even a sole member limited liability company, has a personal interest in the work.<\/p>\r\n

What Can a Copyright Holder Do With Copyright Ownership?<\/h2>\r\n

You must have a personal interest to transfer your property rights to something you own. This extends to copyright. A copyright holder can<\/a>:<\/p>\r\n