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Author Topic: Copyright Agreement  (Read 73 times)

BobRoberts

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Copyright Agreement
« on: 01-03-12 at 10:01 am »

I deal less with Copyright than say PAtent and Trademark, so I'll throw this out.  Any input is appreciated...

Say client comes to you and says that they need a basic agreement to give to Printers, Publishers etc that client is the exclusive owner of all rights of their copyright and that all rights are reserved.  Let's say that the work subject matterial is artwork, and client is the original owner/author.

How necessary is this type of agreement?  First, let's assume that client's Copyright is Registered in the US Copyright Office.   Especially if registered, would there be any advantages to having an agreement like that in place?  I would undersand if client wanted a provision that client own rights to any derivitive works produced from their Copyright (absent this deriv. works provision, I believe the derivitive work creator would own the derivitive work, but would be subject to the owner of the 'parent' copyrighted work when performing any of the enumerated/protected Copyright rights with the derivitive work- i.e., distribution, making copies, etc...).  So an agreement may include ao ownership of derivitive works provision...  Perhaps an advantage would be to include more aggressive attorney fees clauses?  A forum selection clause for enforcement?   

If/what pro-author/owner advantages are there or would you include in such an agreement?  Or is such an agreement even necesary?

Would it make a difference if the work was not Registered before the Copyright Office? 

Thanks for any thoughts...
 
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