But this is no longer the case as major disputes involving intellectual property are now common. So, how does the U.S. law regulate copyright disposal agreement and cases involving intellectual property? Keep reading to learn more.

First, Learn what a Copyright Disposal or Transfer Agreement is all About

A copyright disposal or transfer agreement enables a copyright owner to transfer his or her copyright for a work to another party. It is a legal option for publishers, including authors of movies, magazines, books, video games, TV shows, who intend to use and include a second creator’s work. The copyright owner can either transfer the copyright to his work or license it.

In the United States, copyright disposal agreement (whether it’s copyright transfer or licensing) must be in writing, and the person transferring it must sign the document. 

Validity of Copyright Transfer or Sale

While it is possible to fully transfer U.S. copyrights, specific legal requirements will apply for transfers, purchases and sales. Copyright transfers will only become valid when the transfer is formalized via the copyright owner’s written signature or the written signature of a person whom the copyright owner has authorized to represent him or her. A situation where the transfer or sale does not include or cover exclusive rights such as permission to adopt a copyrighted work, there is no need for written authorization. 

Majority of the copyrights disposal or sales are carried out on contractual basis in practice. There are no templates or contract forms by the U.S. Copyright office. Therefore, you have to work with an attorney to create a contract that will govern the purchase or sale of a copyright. While the U.S. Copyright Office can provide transfer contracts, it advices copyright owners to make sure copyright transfer is recorded with their office, so that the new owner will have adequate protection. 

Copyrights are Legal Personal Property

It is important for both sellers and buyers to know that copyrights are seen as legal personal property. Consequently, they are state laws that govern the inheritance, transfer, and sale of personal property. Since state laws regulate the contract, it is needful to ensure proper legal counsel when it comes to copyright transfers, purchases, and sales. 

Who Can Claim Copyright?

Subsistence of copyright protection starts from when the owner creates the work in fixed form. In the work of authorship, the copyright instantly becomes the author’s property --- the person who created the work. Therefore, the author alone or people who derive their rights via the author have the right to copyright claim. 

For works created for hire, the one considered the author is not the employee but the employer. According to the copyright statute (Section 101), the definition of “work made for hire” is given as follows;

A work created by an employee within such employee’s scope of employmentA specially commissioned or ordered work for use as a contribution or giving to a collective work ---- as a translation, as part of audio visual work such as a motion picture, as a supplementary work, as a translation, as a test, as instructional text, as an atlas, or as a test’s answer material, if the party through a signed written instrument expressly agree that such work shall be seen as a work created for hire.When it comes to joint work, the copyright in the work is owned by the authors --- they are co-owners unless an agreement says otherwise. 

General Principles You Should Bear in Mind

There are two general principles;

It is possible for minors to claim copyright. However, when it comes to business dealings involving minors’ copyrights, state laws may regulate such business. Working with an attorney in this case is necessary and would help unravel the relevant state laws that regulate a minor’s copyright sales, transfer or disposal.Merely having ownership of a painting, manuscript, book, phonorecord or any other copy does not confer copyright to the possessor.If you’re planning to embark on copyright disposal agreement, you may need professional help from the appropriate attorney.