Copyright assignment
By Gareth HoyleLast updated How we research
A copyright assignment is a signed transfer of ownership of a copyright, or of some exclusive rights in it, from one party to another.
A copyright assignment is a transfer of ownership of a copyright from its owner to someone else. Under 17 USC 204(a) a transfer of ownership is valid only in a writing signed by the owner of the rights conveyed or the owner's authorized agent.
An assignment differs from a license. A nonexclusive data license gives permission to use a work while the owner keeps it. An exclusive license counts as a transfer of ownership under 17 USC 101 and needs the same signed writing.
Can an assignment be undone?
An assignment by an individual author can be terminated under 17 USC 203, generally during a five-year window that opens 35 years after the grant was signed, for grants made on or after January 1, 1978. Works made for hire are excluded from termination.
Why do AI data buyers ask for assignments?
AI data buyers ask for assignments because the seller can license only what it owns. A buyer will want to see signed assignments from staff and contractors who wrote the code or content, as part of chain of title.
In the UK, section 90(3) of the Copyright, Designs and Patents Act 1988 likewise requires an assignment to be in writing signed by or on behalf of the assignor.