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Author Topic: Copyright Assignment and Recording  (Read 748 times)

BobRoberts

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Copyright Assignment and Recording
« on: 05-20-11 at 12:34 pm »

Looking for thoughts on the following:

Client is an individual, and sole owner of Company 'C,LLC'.  Timeline:

Client creates 8 works of art, around 6-12 months ago. 
Client tries to vend 8 works of art through Bigbox company 4 months ago.
Bigbox company interested and currently working with client re: selling the works.
Clients starts C,LLC, 4 months ago (about same time started talking with bigbox) through which all agreements with Bigbox will occur. 
Client will eventually seek Federal C Registration for the 8 works, but likely on its own.

Questions:
My thought would be that client should assign rights to 8 pieces of artwork to C,llc (that is completly started and owned solely by client).  Forseeable problems with this?

If Assignment, is there anything to prohibit all 8 pieces assignmed under single Assignmnt Agreement?  I would think no problem, just to identify each work with a title, and have appendix showing a photo of each work with its respective title.

If Assignment and no Federal copyright Registration for 8 works (yet, that as it stands now client would eventually (sooner than later) be filed individually and not as a collective work by client), record the assignment with the Copyright Office?  In other words, can a Copyright Assignment be recorded at the Copyright Office where the underlying work is not Registered with the US Copyright Office?

And if an Assignment can be recorded even if underlying work not federally registeres, is the assignment amended after federal registration of the Copyright works to indicate registration numbers?

Thanks for any thoughts.
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mactheknife

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Re: Copyright Assignment and Recording
« Reply #1 on: 05-22-11 at 09:40 am »

A couple thoughts:

(1) I don't think there's any problem with assigning title to all 8 pieces with a single document.  This is done all the time.
(2) There's no requirement that a copyrighted work be registered first.  See Circular 12 at page 3.
(3) I think if the assignment clearly refers to the work being registered it doesn't matter whether it's amended to reflect the registration number.  The photos should do the trick.  That said, it can't hurt for clarification purposes.

Hope this helps somewhat
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BobRoberts

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Re: Copyright Assignment and Recording
« Reply #2 on: 05-22-11 at 05:47 pm »

Thanks very much, Mactheknife, for the info!  It helps alot!
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