Updated March 13, 2024
A copyright assignment agreement is between a seller (assignor) that transfers the ownership of a copyright to a buyer (assignee). It is common for a copyright to be assigned either through the sale of a business or a separate sale. After an agreement has been signed the copyright must be assigned using the U.S. Copyright Office (website).
Table of Contents |
Signing Requirements
Only a “sworn or official certification” agreement is accepted electronically by the U.S. copyright office.[2]
Therefore, it is required for any copyright assignment agreement to be notarized by all parties involved.
Transferring (Copyright.gov)
There is no form or application that can be used to transfer a copyright. A copyright agreement is allowed to be accepted as a recordable transfer document.
The agreement must be accompanied by Form DCS (cover sheet) and is recommended to include an Electronic Title List that speeds up the processing time and reduced fees.
How to Assign a Copyright (3 steps)
Step 1 – Gather Documents
The following should be completed:
- Copyright Assignment Agreement (notarized)
- Form DCS (cover sheet)
Step 2 – Pay Filing Fee
Submit the filing fee.
Step 3 – Send in the Mail
Standard assignments send to:
Library of Congress, Copyright Office–DOC
LM 433, 101 Independence Avenue SE
Washington, DC 20559-6000
If Declaration of Ownership in Musical Works (DOMW), send to:
Copyright Office–DOMW
P.O. Box 71537
Washington, DC
20024-1537
Sample Copyright Assignment Agreement
Download: PDF, MS Word, OpenDocument
ASSIGNMENT OF COPYRIGHT
I. THE PARTIES. This Assignment of Copyright (“Agreement”) made this [EFFECTIVE DATE] (“Effective Date”) is by and between:
Assignor: [ASSIGNOR’S NAME], with a mailing address of [ASSIGNOR’S ADDRESS] (“Assignor”), and
Assignee: [ASSIGNEE’S NAME], with a mailing address of [ASSIGNEE’S ADDRESS] (“Assignee”).
The Assignor and the Assignee are each referred to herein as a “Party” and collectively as the “Parties.”
II. ASSIGNMENT OF AUTHORED WORKS. The Assignor, through this Agreement, assigns to the Assignee of all the Assignor’s interest in:
a. The following registered copyrighted work(s) (“Work(s)”):
Copyright #1
• Author Name: [AUTHOR’S NAME]
• Title of Work: [TITLE OF WORK]
• Registration Number: [REGISTRATION NUMBER]
• Registration Date: [REGISTRATION DATE]
Copyright #2
• Author Name: [AUTHOR’S NAME]
• Title of Work: [TITLE OF WORK]
• Registration Number: [REGISTRATION NUMBER]
• Registration Date: [REGISTRATION DATE]
Copyright #3
• Author Name: [AUTHOR’S NAME]
• Title of Work: [TITLE OF WORK]
• Registration Number: [REGISTRATION NUMBER]
• Registration Date: [REGISTRATION DATE]
b. All the usual rights granted to the owner of a copyright under federal law, including but not limited to the right to reproduce, publish, adapt, modify, distribute, create derivative works on, display, publicize, and transmit each Work;
c. The registrations as well as applications for registrations of each Work, including any and all renewals and extensions;
d. The income, royalties, and damages due to the Assignor in regards to each Work, including damages for past or future infringements and misappropriations for each Work;
e. The right to sue for past, present, and future infringements and misappropriations for each Work.
III. ASSIGNMENT PURCHASE. The Assignee agrees to pay $[PRICE] for the above granted rights (Section II) and complete this payment no later than [DATE].
IV. RECORDATION. The sole responsibility for filing this assignment with the United States Copyright Office within a reasonable time period after signing, as well as for paying any and all associated fees for said filing, is left to the:
☐ – Assignor
☐ – Assignee
V. FURTHER USE OF WORK. The nature of this Agreement and assignment is:
☐ – Non-Exclusive. After the effective date of this Agreement, the Assignor shall be granted a non-exclusive, royalty-free license to use the Work(s), including for but not limited to the creation of derivative works.
☐ – Exclusive. Once the effective date has passed, the Assignor may not make any further use of the Work(s) or derivatives thereof without written, authorized consent from the Assignee and further may not challenge the Assignee’s use or ownership of the Work(s) or the validity of the Work(s)
VI. AUTHORSHIP. In relation to authorship rights, following the effective date of this Agreement, the Assignor:
☐ – Will Retain Authorship Rights. The Assignor maintains the right to be identified as the rightful author of the Work(s) whenever the Work(s) are reproduced, published, or otherwise publicly displayed.
☐ – Will Not Retain Authorship Rights. The Assignor relinquishes all future claims to authorship.
VII. NO EARLY ASSIGNMENT. The Assignee will not assign or otherwise encumber its interest in the Work(s) or any associated copyrights until it has paid the full Consideration detailed in Section III of this Agreement.
VIII. DOCUMENTATION. The Assignor will provide all documentation relating to the Work(s) for the Assignee’s record-keeping needs, assertion of rights, or for any other use. They will likewise sign any additional agreements or complete any other lawful action reasonably necessary for a successful filing of the assignment with the United States government.
IX. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws located in the State of [STATE].
X. ASSIGNMENT AND DELEGATION. The Assignor and the Assignee will each defend, indemnify, and hold the other harmless (including all affiliates, successors, assigns, employees, agents, officers and the like) against all losses, damages, deficiencies, liabilities, awards, penalties, or expenses of whatever kind, including attorneys’ fees and related legal fees, incurred by themselves in connection with any claims, suits, actions, demands, or judgments arising out of this Agreement.
XI. SEVERABILITY. If any portion of this Agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
XII. ADDITIONAL TERMS. [ADDITIONAL TERMS & CONDITIONS]
XIII. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the Parties. No modification or amendment of this Agreement shall be effective unless in writing and signed by both Parties.
XIV. EXECUTION. The Assignor and the Assignee each represent and warrant to the other that each person executing this Agreement on behalf of each party is duly authorized to execute and deliver this Agreement on behalf of that party.
Assignor’s Signature: _________________________ Date: ________________
Print Name: _________________________
Assignee’s Signature: _________________________ Date: ________________
Print Name: _________________________
How to Write
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Article I. The Parties
(1) Date Of Copyright Agreement. The date when this agreement is active between the Assignor and Assignee should be presented. Commonly this is the signature date between these two Parties.
(2) Assignor Name. The Author or Owner of the concerned intellectual property who is releasing the right to reproduce, present such property to another Party through this agreement should be identified by name. This record requires that the legal name of the Assignor is documented. This cannot be an alias or a ‘pen’ name.
(3) Assignor Address. The business address of the Assignor is required. This should be a well-monitored address where notices sent will be guaranteed to reach the Assignor.
(4) Assignee Name. The Party that intends to purchase the copyright according to this agreement is to be identified as well. In many cases, this will be a Business Entity, therefore name this Party by recording the full name of the Entity purchasing the copyright making sure that any status suffix (such as “corp.”) is included if it is a part of the legal name of the Purchasing Entity. If this is a Private Party, such as an individual, then make sure his or her full name (first, middle, and last) is presented.
(5) Assignee Address. The mailing address where the Assignee can be contacted or sent notices should be documented.
Article II. Assignment Of Authored Works
Copyright #1
(6) Author Name. The Assignor and the Author may be the same person or two separate Parties. Therefore, identify the Author of the concerned intellectual property.
(7) Title Of Work. The title that the written piece is known as must be transcribed exactly as it appears on the original written work.
(8) Registration Number. Record the twelve-digit copyright registration number assigned to the work by the United States Copyright Office.
(9) Registration Date. Furnish the date when the copyright registration number was designated to the concerned work.
Copyright #2
(10) Author Name. If an additional document must fall under this agreement it must be identified. Produce the full name of the Author behind the material being discussed.
(11) Title Of Work. The exact title of the additional work that the Assignee will be able to access and use through this agreement must be dispensed.
(12) Registration. If the material is copyrighted or pending, the twelve-digit copyright registration number it is associated with as well as the copyright date should be produced where requested.
Copyright #3
(13) Author Name. There is no limit to the number of works that can fall under this agreement. Therefore a third area has been supplied to name the Author of a third work the Assignor and Assignee wish to include. If more written works must be included then make sure an attachment is furnished to identify them.
(14) Title Of Work. If a third work will be subject to this agreement, then produce its title precisely as it appears on the original work.
(15) Registration. Deliver the official copyright registration number (twelve-digits) along with the copyright date reserved for the titled work to the available spaces.
Article III. Assignment Purchase
(16) Payment Due. The dollar amount the Assignee must pay the Assignor to gain the right to reproduce the named property above, use, or present the intellectual property this agreement discusses should be established.
(17) Due Date Of Assignee Payment. The final date when the Assignor must receive the Assignee’s payment should be solidified in Article III.
Article IV. Recordation
(18) Copyright Responsibility. All works to be copyrighted must be done so through the United States Copyright Office. The Party responsible for effecting a formal copyright or maintaining it on the discussed material must be identified with a selection of one of the choices in Article IV. If the Assignor will be responsible for this task then select the first checkbox however if the Assignee will be responsible for copyrighting or maintaining a current copyright of the concerned material then the second checkbox must be marked.
Article V. Further Use Of Work
(19) Non-Exclusive Use. If the work(s) this agreement concerns will call for the Assignor to maintain the right to use the concerned work(s) including the right to create additional works based on this intellectual property, then select the first checkbox statement to establish that the intellectual property will not become the exclusive property of the Assignee.
(20) Exclusive Use. If the Assignee intends to purchase the exclusive rights to the work, obligating the Assignor to seek written consent when wishing to use the work further, then select the second checkbox statement.
Article VI. Authorship
(21) Assignor Retains Authorship Rights. Select the first checkbox in Article VI if this agreement shall call for the Assignor to be identified at all times as the author of the works being discussed.
(22) Assignor Will Not Retain Authorship Rights. If the Assignor agrees to release all rights to being known as an Author of the concerned work, the second checkbox will need to be selected.
Article IX Governing Law
(23) State Of Effect. The state where this agreement will seek enforcement from the courts and whose laws apply to the conditions the Assignor and Assignee agree to must be identified in the ninth article.
Article XII
(24) Additional Terms. All conditions and terms that govern how the Parties shall behave with the intellectual property or work must be included in this paperwork by the time each sign it. Article Twelve shall provide the area needed for a presentation of this information. Additionally, a reference to an attachment with this information may be presented in its content. In such a case, make sure such a document is physically attached for review to this agreement by the time each Party executes his or her signature.
XIV. Execution
(25) Assignor’s Signature. The Assignor who is releasing some or all of his or her claim to the copyright should review every article carefully. If any attachments are made, these too, should be read through to his or her satisfaction. When ready, he or she should sign the signature area provided to acknowledge the conditions and terms of this paperwork.
(26) Assignor’s Printed Name.
(27) Signature Date.
(28) Assignee’s Signature. The Party who will be able to access and use the work being discussed by meeting the conditions of this agreement must sign his or her name as the Assignee once he or she is satisfied with its content. As discussed earlier, the Assignee may be a Business Entity. If so, then a Signature Representative, appointed by the Business Entity, may sign this document as the Assignee.
(29) Printed Name Of Assignee. The printed name of the Signature Party entering this agreement as the Assignee must be supplied below his or her signature.
(30) Signature Date.
