The transfer 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. Such 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 to their work to the producer of the film or the publisher of the book, in exchange for monetary consideration 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 how 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 Made for Hire’, to finish the writing job. Once the writer completes the writing assignment, he or she transfers the right to the script to the producer, through the copyright transfer agreement, and commits in writing that the writing was completed during the “work made for hire.” By signing the Transfer of Rights 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 the original work may be sold or distributed to the public, through transfer of ownership, publishing, loan, rental and other means.
• The work may be displayed and used publicly for monetary or other considerations.
The agreement also contains contact information, 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 may be filed in court for resolution of disputes and copyright violations.
It is also advisable that the agreement be filed with the US Copyright Office to protect it from copyright infringement and infringement lawsuits at a future date. Submission of the Assignment of Copyright must be done in the correct order, such as the proper designation, the type of work (employee or made for hire), and the nature of the rights transferred. During copyright infringement claims in court, such an agreement and filing details with the US copyright office are very helpful in protecting the assignee or transferee.
