Be Wary of a Copyright Assignment or an Exclusive Copyright License

It’s an important day when an artist signs his first artist agreement, an author executes her first publishing contract, or a band strikes their first record deal. However, it’s even more critical that the creative parties signing these agreements understand what rights they may be giving away. Too often, creative parties realize after it’s too late that they have effectively transferred almost all rights in their work and even in future works.

What is Copyright Assignment / Exclusive Copyright License?

Section 204 of the Copyright Act , a transfer of copyright ownership, other than by operation of law (including but not limited to corporate mergers, bankruptcy, foreclosure, court order, and intestate succession) is not valid unless an instrument of conveyance or a note or memorandum of the transfer is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent. 17 U.S.C. § 204. Consequently, a publisher, studio, or producer will often incorporate language into a contract that transfers all intellectual property rights and copyright rights in a work away from the creative party. Sometimes, the non-creative party will do this in the form of an exclusive license, which often has the same effect as a copyright assignment.

Sometimes, agreements that provide for the transfer of or exclusive rights to such rights also include language that expressly states that all future works created by the creative party are considered a Work-Made-For-Hire and that, if necessary, the creative party agrees to sign additional documents assigning or exclusively licensing their rights in the copyright of the work. A Work-Made-For-Hire means that the creative party is an employee of an organization. It is their job to create the specific type of work being commercialized or that the creative party has been specifically commissioned and hired to complete a particular piece of work, but not in an employer-employee relationship, but rather in an independent contractor role. In either case, the non-creative party is seeking and asserting ownership or exclusivity in all rights in the copyright for all future works before they are even created.

It is highly recommended that a creative party, whether author or singer, retain a skilled lawyer to review any contract that threatens the ownership or rights in the copyright of a specific work or future works. Of course, it is not always a bad thing that these rights are transferred or exclusively licensed. Still, such rights should be understood by the creative party in the context of the overall agreement to provide the creative party with an exit strategy in case the relationship between the parties doesn’t work out. An artist, author, or singer, often spends their entire life trying to ‘catch a break’ or ‘make it big’ or ‘break out,’ why not spend the time and minimal expense to protect what took in some cases a lifetime to achieve?

Have you received your first contract? Contact McClanahan Powers today to schedule your consultation to protect your art.

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SoundBetter Tracks Licenses

Non-exclusive license, exclusive license, buyout license.

This Non-Exclusive Track License Agreement (this “ Agreement ”), for the licensing of [the track identified on the SoundBetter Checkout Page and receipt for the transaction, and the stems for said track if purchased] (the “ Track ”) is a legal agreement between the party granting the license of the Track (“ Licensor ”) and the party receiving the license of the Track (“ Recipient ”), as such parties are so identified on the receipt for the transaction (the “ Receipt ”). Licensor and Recipient are each a “ Party ” and may be referred to herein collectively as the “ Parties. ” This Agreement is solely for the licensing of the Track, which was discovered using the platform made available by SoundBetter, Inc. (“ SoundBetter ”).

This Exclusive Track License Agreement (this “ Agreement ”), for the licensing of [the track identified on the SoundBetter Checkout Page and receipt for the transaction, and stems for said track if purchased] (the “ Track ”) is a legal agreement between the party granting the license of the Track (“ Licensor ”) and the party receiving the license of the Track (“ Recipient ”), as such parties are so identified on the receipt for the transaction (the “ Receipt ”). Licensor and Recipient are each a “ Party ” and may be referred to herein collectively as the “ Parties. ” This Agreement is solely for the licensing of the Track, which was discovered using the platform made available by SoundBetter, Inc. (“ SoundBetter ”).

This Track Buyout Purchase Agreement (this “ Agreement ”) is a legal agreement governing the sale of [the track identified on the SoundBetter Checkout Page and receipt for the transaction, and the stems for said track if purchased] (the “ Track ”), between the party selling the Track (“ Seller ”) and the party receiving [conditional] ownership of the Track (“ Recipient ”), as such parties are so identified on the receipt for the transaction (the “ Receipt ”). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Recipient hereby agree as follows:

What’s the difference between an exclusive licence and an assignment?

The investment in securing registered intellectual property rights is all well and good, but the reward for the monopoly (or quasi-monopoly, depending on the right concerned) comes from the exploitation of that right. Many rights holders will exploit IP directly by using the patent or affixing the trade mark to their own goods, for example. Others seek rewards from letting third parties use their IP, which is where the question of licensing vs assignment arises.

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Understanding copyright for journal authors

What is copyright.

Copyright is a type of intellectual property which protects certain sorts of original creative work, including academic articles. Copyright allows the creator of a work to decide whether, and under what conditions, their work may be used, published and distributed by others. As such, it governs how others can use, publish and distribute articles.

Understanding your copyright options as an author is becoming ever more important, especially with the growth of open access publishing .

Find out more about article publishing charges, embargo, and license information with the  Open Access Cost Finder.

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How long does copyright last?

Copyright in a work does not last forever. The exact duration of copyright depends on the type of work and can vary between countries. However, for a literary work such as an academic article, the duration is usually life of the author plus 70 years.

Copyright at Taylor & Francis

To publish an article and make it available, we need publishing rights from you for that work. We therefore ask authors publishing in one of our journals to sign an author contract which grants us the necessary publishing rights. This will be after your manuscript has been through the peer-review process, been accepted and moves into production. Our Production team will then send you an email with all the details.

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Standard articles in subscription journals

There are two main options for authors publishing a (non open access) article in a subscription journal. These are copyright assignment or exclusive license to publish.

1. Copyright assignment

In our standard author contract, you transfer – or “assign” – copyright to us as the owner and publisher of the journal (or, in the case of a society-owned journal, to that learned society).

Assigning the copyright enables us to:

Effectively manage, publish and make your work available to the academic community and beyond.

Act as stewards of your work as it appears in the scholarly record.

Handle reuse requests on your behalf.

Take action when appropriate where your article has been infringed or plagiarized.

Increase visibility of your work through third parties.

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After assigning copyright, you will still retain the right to:

Be credited as the author of the article.

Make printed copies of your article to use for a lecture or class that you are leading on a non-commercial basis.

Share your article using your free eprints with friends, colleagues and influential people you would like to read your work.

Include your article in your thesis or dissertation.

Present your article at a meeting or conference and distribute printed copies of the article on a non-commercial basis.

Post the Author’s Original Manuscript (AOM) / Accepted Manuscript (AM) on a departmental, personal website or institutional repositories depending on embargo period. To find the embargo period for any Taylor & Francis journal, please use the Open Access Options Finder .

For more information about manuscript versions and how you can use them, please see our guide to sharing your work .

If you publish your article in a Taylor & Francis or Routledge journal, there are many ways you can share different versions of your work with colleagues and peers. Use our article sharing guide to understand manuscript versions and how you can use them.

2. Exclusive license to publish

Alternatively, in some circumstances, you may grant us (or the learned society) an exclusive license to publish your paper rather than assigning copyright. In this arrangement, you as the author retain copyright in your work, but grant us exclusive rights to publish and disseminate it.

As with an assignment, reuse requests are handled by the publisher on your behalf. The publisher will manage the intellectual property rights and represent your article in cases of copyright infringement.

Other forms of license

Other forms of copyright license may be available depending on your specific circumstances – for example, US government employees.

Open access articles

When you publish an open access article , you will retain the copyright in your work. We will ask you to sign an author contract which gives us the right to publish the Version of Record of your article. This author contract incorporates the Creative Commons license of your choice, which will dictate what others can do with your article once it has been published. Find out which licenses your chosen journal offers by using the open access cost finder.

Attribution (CC BY)

CC BY Attribution license

Others can distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation.

We offer this license on the majority of our full Open and the majority of hybrid Open Select journals (when publishing on a gold open access basis).

Attribution-Non-commercial (CC BY-NC)

CC BY-NC license

Others can remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

We offer this license on the majority of our full Open journals.

Attribution-Non-commercial-No Derivatives (CC BY-NC-ND)

copyright assignment vs exclusive license

Others can download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

We offer this license on our hybrid Open Select journals (when publishing on a gold open access basis) and some full Open titles.

Please visit the Creative Commons website for more details about licenses.

Understanding article reuse

Each license offers different reuse rights. The table below gives a quick overview of how others can use your work, based on the relevant license.

Frequently asked questions

What if i do not own the copyright in the article i have written.

We seek to accommodate authors who are employees of governments, international organizations, or commercial corporations. Such entities will generally own copyright in works created as part of an employee’s employment.

Such entities will normally issue and grant Taylor & Francis a “non-exclusive” license to publish. In such situations, the publishing agreement stipulates that in doing so, such entities recognize Taylor & Francis as the sole licensee for the publication of the final, definitive, and citable Version of Scholarly Record.

If you work for World Health Organization (WHO) or the World Bank they will retain copyright in the article and authors negotiate whether exclusive or nonexclusive rights are given.

If you are employed by the UK Government, your work is covered by Crown Copyright . Crown Copyright applies to material which is produced by Crown employees during their work. Therefore, most material originated by ministers and civil servants is protected by Crown Copyright.

If you are employed by the US Government, your work is covered by the US Government Copyright .

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If I have used any third-party material, whether previously published or not, do I need to acknowledge this?

Yes. You will need to obtain written permission in advance from any third-party owners of copyright for the use in print and electronic formats of any of their text, illustrations, graphics, or other material, in your article and in our journals. The same applies to any other rights held by third parties such as trademarks, design rights, database rights and rights relating to private information and confidentiality.

copyright assignment vs exclusive license

Taylor & Francis is a signatory of, and respects, the spirit of the STM Permissions Guidelines regarding the free sharing and dissemination of scholarly information. As such, we participate in the reciprocal free exchange of material. It is also important to ensure you acknowledge the source of the original content.

For further details please read our guide to using third party material in your article .

Useful links

Creative Commons licenses .

UK Intellectual Property Office’s What is copyright? guide.

US Government’s Copyright Office guide to copyright .

World Intellectual Property Organization guide to copyright .

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What's the difference between Copyright and Licensing?

There are two other questions, specifically related to Licensing and Copyright .

In reviewing the answers and comments, I get the feeling that people generally consider the two to be the roughly same thing. If this is true, why do we worry about both?

It seems to me that they are very different things:

For copyright

For the Licence

Are they aspects of the same thing, or do they actually serve two different populations (producers and consumers)?

Community's user avatar

3 Answers 3

Copyright is the legal term used to declare and prove who owns the intellectual property (the code, text, etc.).

Licensing is the legal term used to describe the terms under which people are allowed to use the copyrighted material.

You can think of it in terms of physical property, if you want, the copyright is like the "deed" to a house. It says you own the house. If you want, you can rent the house out to someone, and that rental agreement is the 'license'.

Copyright is different to a "deed" in that it is possible to license the material in different ways, to different people, all at the same time.

Like a "deed", though, you can sell ownership of the code to someone else, and that would be called a copyright transfer.

Only the copyright owner (or their agent) can enter in to a license agreement.

rolfl's user avatar

A notable exception to your "every contributor retains copyright in their own contributions":

Many large projects use a Contributor License Agreement that specifies that copyright for contributed code is transferred from the code's author to the project/organization.

Sparr's user avatar

Copyright is personal property.

It can be bought and sold like any other property – a house, a car, a pen.

The difference with copyright and other personal property is that it’s intangible.

Houses (and the land they are on) are a type of property named “real property”.

Basically, real property is the land. The house is “attached” to the land (by being built on it) and therefore for legal purposes becomes part of the land. The house is inseparable from the land.

Cars and pens are choses in possession, or chattels.

They are things you can touch, pickup and hold, which aren’t land or things affixed to land, like houses.

Intellectual property rights are intangible rights. You can’t touch them. They’re incorporeal rights, although it’s not fashionable to call them that.

More technically, copyright along with the other intellectual property rights are choses in action.

As choses in action they’re like a debt: they can only be enforced by legal proceedings. They’re a legal fiction: they only exist in law, unlike your pen or house.

As you know, copyright protects source code. It also protects the written word in books.

When you walk into a bookstore and buy a book, you’re buying the printing copy of the book. You’re not buying the copyright in the book.

Buying the copyright in a book means that you are able to exercise the exclusive rights of the copyright owner of the written word in the book. In this context, that means:

Source code is protected in the precisely the same way as books.

That’s because the written words in books are the same type of copyright work as source code: literary works.

To put it another way, the written words which make up the source code is the form of a work protected by copyright: a literary work.

Like all intellectual property rights, copyright vests in the work itself to protect it.

You might imagine the book or the source code soaked (like a sponge soaks up water) in copyright.

That would mean:

At that point in time, the source code is no longer soaked in copyright and it's no longer protected by copyright. Anyone can:

You've probably heard some of those terms in the context of copyright, or similar terms.

They're some of the exclusive rights of the copyright owner: the rights which the copyright owner gets as a result of ownership of the copyright.

A licence is a grant of a permission.

They can be:

The owner of copyright is the owner of the exclusive rights granted by copyright (some which are listed above).

Let’s say I own some land. I can give permission to somebody or lots of people to:

Same with copyright works (ie literary works, artistic works et al), such as literary works that I own. I can carve up the permissions however I like as copyright owner.

The maximum length of a licence to use a copyright work – if it’s written properly - will only last for the term of copyright, and no longer.

So after all of that, the answer to your question is that:

they serve two different populations or markets:

a. copyright owners; and

b. people that want to use the copyright work, ie licensees.

lellis's user avatar

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Copyright License Agreement (Artistic Work) Template

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A copyright License Agreement (Artistic Work) is an agreement that allows another party to use the intellectual property of the copyright owner. It will enable the copyright owner to generate income from that use. 

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Copyright License Agreement (Artistic Work) FAQ

Table of Contents

To begin, a Copyright License Agreement (Artistic Work) is an agreement that allows another party to use the intellectual property of the copyright owner. And, allows the copyright owner to generate income from that use.  Typically, a copyright is created against photographs, books, music, or any other form of creative work.

Essentially, a properly drafted copyright license agreement can allow both parties to be protected.  Notably, the licensor grants an exclusive or non-exclusive license for use of his or her intellectual property.  Subsequently, the licensee can use the property with full legal protection.

What is in a Copyright License Agreement (Artistic Work)?

Parties participating in the copyright license agreement (artistic work) . .

In all copyright license agreements, the licensor is the party who owns the copyright. While the licensee is the party who is able to use the copyright.

Exclusivity . 

Essentially, in an exclusive agreement, the license is a transfer, where the licensee can use and even assign it to another third party. Conversely, in a non-exclusive license, only the licensee can use the work.

The License of Works . 

Importantly, whether they are photographs, literature, or any other form of creative work, the assignor must specify the copyrighted works that will be licensed.

Licensor Representation and Warranties.

Notably, the licensor must warrant that the works are original with proper ownership by the licensor. Also, that the works are independent. And, not created as part of any other employment and that the work does not use any other copyrighted work.

Licensee Representation and Warranties.

Essentially, the licensee must warrant that they have the authority to enter the agreement. And, that they have sufficient funds to pay for the copyright license.

Licensing Fee.

Notably, fees for a copyright license can include the following:

Scope of the copyright.

Essentially, this includes the scope of use of the copyrighted work. Additionally, any time limitations for the use of the copyright.  Scope and limitations can include:

When Should You Use a Copyright License Agreement (Artistic Work)?

In a nutshell, a copyright license agreement (artistic work) allows the intellectual property owner to generate fees by licensing out his/her/their product. But, it is not a formal transfer of intellectual property rights. Now, if you wish to transfer or sell your rights in whole, a Copyright Assignment is necessary.

How do I copyright my original artistic work?

To get a copyright on original artistic work, an author of the artwork their agent can file an application for copyright. It can be submitted manually at an office or through e-filing.

New applicants will have to register first with the required documents. Upon completion, the applicant will receive a diary number. Applicants who are already registered can simply log in with a valid ID.

What is not protected under copyright for artistic work?

Embodying a creation of nature is not protected under copyright for artistic work. Rather, the originality of the artwork would be judged based on how the creation of nature has been depicted. 

In summary, a Copyright License Agreement is a way to allow another party to use your intellectual property.  Chiefly, it’s a document to protect yourself. Whether you are the licensor or licensee, use this template from the Zegal template library to protect your work.

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IMAGES

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  2. Difference between License and Assignment of Copyright

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  3. Copyright act unitiv ( part i) [compatibility mode]

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  4. Exclusive License and Assignment

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COMMENTS

  1. Be Wary of a Copyright Assignment or an Exclusive Copyright License

    Sometimes, the non-creative party will do this as an exclusive license, which many times has the same effect as a copyright assignment

  2. SoundBetter Tracks Licenses

    hereof, Licensor hereby grants to Recipient a non-exclusive, non-transferable, non-sublicensable, time-limited, license, to create one (1) derivative work from the Track by incorporating a vocal melody and

  3. What's the difference between an exclusive licence and an assignment?

    Exclusive licence: this means that the owner of the patent agrees not to grant any other licences of the technology concerned, and agrees not to use the technology himself

  4. IP Licence vs Assignment in New Zealand

    Matthew Bartlett explains how you can manage your business' IP through a licence or an assignment, and the difference between the two

  5. What's the difference between Copyright and Licensing?

    There are two other questions, specifically related to Licensing and Copyright. In reviewing the answers and comments, I get the feeling that people generally consider the two to be the roughly same thing

  6. Copyright License Agreement (Artistic Work)

    This agreement allows a copyright owner to permit the other party to use an artistic work in return for a license fee. Notably, the licensor grants an exclusive or non-exclusive license for use of his or her intellectual property