Copyright: Assignment

An assignment of copyright is an outright transfer of some or all of the rights of a copyright owner. S. 90 (2) of the Copyright, Designs and Patents Act 1988 provides that an assignment may be limited to one or more, but not all, of the things the copyright owner has the exclusive right to do, or to part, but not the whole, of the period for which the copyright is to subsist. S. 91 (1) permits authors or others who would become first owners of copyrights ("prospective owners") that will or may come into existence in respect of a future work or class of works or on the occurrence of a future event ("future copyrights") to agree to assign such future copyright (wholly or partially) to another person.

S. 90 (3) of the CDPA provides that an assignment of copyright is not effective unless it is in writing signed by or on behalf of the assignor. However, a copyright, like any other species of property, can be held on trust. A trust can come into being impliedly or by operation of law as well as expressly. A company that commissions a graphic artist to do some art work for it is usually beneficially entitled to the copyright in the work as is a party to a joint venture as in IBCOS Computers Ltd. v Barclays Mercantile Highland Finance Ltd. [1994] FSR 275 and Lakeview Computers Ltd. v Steadman and others(1999) CA. unreported 28 November.

Moral Rights
Moral rights are not assignable (s.94 CDPA). One of the occasions upon which the right of paternity may be asserted is upon an assignment of copyright. It may be done by including a statement that the author or director asserts his right to be identified in relation to the work into the assignment (s.78 (2) (a) CDPA).


thesis writing said…
I have been visiting various blogs for my thesis writing research. I have found your blog to be quite useful. Keep updating your blog with valuable information... Regards
alex james said…
This is really great work. Thank you for sharing such a useful piece of information here in the blog.

assignment help
Albert Barkley said…
this really works for assignment help. Thanks for sharing the useful info.

Popular posts from this blog

The Supreme Court's Judgment in Eli Lilly v Actavis UK Ltd and Others: how to understand it and why it is important

Pre-Action Correspondence: What to do if you get a Stroppy Letter ....... or worse

When it comes to the Crunch: CRUNCH MORTGAGES and bad faith