Copyright assignment document pack

When you're buying creative work that already exists — a logo, a manuscript, a piece of code, a song — work-for-hire is the wrong frame. You're not commissioning new work; you're transferring rights in something that's done. The right tool is a copyright assignment.

Who this pack is for

You're buying or selling rights in an existing copyrighted work. Maybe you're acquiring a logo, brand assets, or a domain along with a small business. Maybe you're a writer transferring a manuscript to a publisher. Maybe you're a developer being acquired and your code is moving to the buyer. Maybe you're an estate transferring a deceased artist's catalog. The work already exists; the question is who owns the copyright now and who will own it after the transaction. The federal Copyright Act (17 U.S.C. § 204) requires copyright transfers to be in writing and signed by the transferring party — verbal transfers and emails are unenforceable for this purpose.

When to use it

Sign at the moment of payment, just like a bill of sale. The assignment transfers ownership effective on the date both parties sign and the consideration is paid. For acquisitions, the assignment is one of several closing documents — alongside the asset purchase agreement, the bill of sale, and any trademark transfers. For freelance work that wasn't covered by a work-for-hire agreement, this is the cleanup tool: have the contractor execute an assignment for what they already produced. For copyright registrations, file a copy with the U.S. Copyright Office (a 'recordation' under 17 U.S.C. § 205) — recording isn't required for validity but provides public notice and priority over later conflicting transfers.

What it doesn't cover

This is a copyright assignment for a specific identified work or set of works. It does not transfer trademarks (those need their own USPTO assignment if registered), patents (USPTO assignment required), trade secrets, or contractual rights tied to the work. It does not handle works the assignor doesn't fully own — joint works, works subject to existing licenses, works with third-party material, works subject to a publisher's contract — without disclosure of those limitations. It does not transfer 'moral rights' in jurisdictions where those exist (VARA in the U.S., droit moral in France) without explicit waiver language. And it does not include a license-back to the assignor — once you assign, you're done; if you want to keep using the work, negotiate a license-back as part of the deal.

Common questions

What's the difference between this and a work-for-hire agreement?

Work-for-hire is for commissioned NEW work; the agreement is signed before creation, and ownership vests in the commissioning party at the moment of creation. A copyright assignment is for EXISTING work; rights start with the creator and are transferred by the assignment. They sound similar but the timing matters: work-for-hire is forward-looking, assignment is backward-looking. For a contractor producing new work, use work-for-hire. For an existing work being sold or transferred, use assignment.

Do I have to register the copyright before assigning it?

No. Copyright protection vests automatically when an original work is fixed in tangible form (typed, recorded, painted, written). You can assign an unregistered copyright. Registration is required to sue for infringement and to recover statutory damages, but not for the assignment itself. After the assignment, the assignee can register the copyright in their own name (Form CA for transfer, or new registration if not previously registered).

What does 'recording' the assignment with the Copyright Office do?

Recording (filing the assignment with the U.S. Copyright Office under 17 U.S.C. § 205) provides public notice of the transfer and establishes priority over later conflicting transfers. It's especially important for high-value works or chains of title that buyers will diligence later (a buyer of a literary catalog, for example, will look for recorded transfers). The fee is modest ($85+) and the process is straightforward.

Can the assignment be revoked or terminated?

Generally no, once executed and consideration is paid. The Copyright Act has a narrow termination right (17 U.S.C. §§ 203, 304) that lets authors terminate assignments after 35 years for transfers made on or after January 1, 1978 — but this is a future right, not an immediate revocation, and applies to the original author's grants only. For most practical purposes, assume the assignment is permanent.

What about works with multiple authors?

Joint authors each own an undivided share of the entire work. Any joint author can use or license the work without the others' consent (subject to a duty to account for profits), but transferring full copyright requires all joint authors to assign. The pack's assignment is for a single assignor; if there are multiple authors, each must execute their own assignment, or one assignment must be signed by all.

What's 'all right, title, and interest'?

Standard copyright transfer language. Copyright is technically a bundle of rights — reproduction, distribution, derivative works, public performance, public display, digital audio transmission. 'All right, title, and interest' transfers the entire bundle. You can also assign specific rights only (e.g., 'reproduction and distribution rights only, retaining derivative works'), but partial assignments are more complex and need careful drafting; this pack covers the standard full assignment.

What if the assignor used third-party materials in the work?

The assignment includes a warranty that the assignor owns or has properly licensed all elements — but verify this before signing. If a contractor's website code uses GPL-licensed libraries, your post-assignment use of the code is constrained by GPL even though the copyright is assigned to you. Ask for a 'rights and licenses' inventory: any third-party material, the license terms, and confirmation that the assignor's intended use is permitted under those terms.

Sources

Primary legal sources cited above. These link to free, public versions of the statutes, regulations, and case law referenced in this pack.

Pike provides plain-language legal information, not legal advice. State and local rules change. If money, custody, or your housing is on the line, talk to a licensed attorney or your local legal aid office.