The stone-cold truth is that in today’s world, content is everything. It holds immense value and significance in various aspects of life – whether you’re an influencer building a loyal following on social media, a small business owner using content to connect with customers, or a professional in the entertainment industry creating compelling stories for a global audience. Along with the act of creating content arises a fundamental question about ownership – particularly regarding who ultimately lays claim to the content produced and shared online. It is crucial to understand that when you have someone helping you produce your content, they often hold the copyright to the material, not you. Understanding copyright assignment is crucial as it can have a major impact on individuals collaborating with photographers and videographers.
Understanding Copyright Assignment
Essentially, copyright assignment involves transferring the ownership of copyright from one individual to another. Unlike physical ownership of an object such as a painting, copyright is a non-physical property right that gives the owner control over how their work is utilised by others. This means that even when you pay someone to take a photo or video you, the copyright is still owned by the creator, meaning they can do with the content as they’d like and there can be limits in how you can utilise the created content.
The misconception that commissioning a service like a photo session automatically confers copyright ownership on the client is widespread. For this reason, copyright assignment is a critical concept for content creators and influencers who engage professionals in their work. In the absence of a formal transfer agreement, the photographer or videographer maintains the copyright.
When Copyright Assignment Applies
When hiring a professional to help shoot your content, it is essential to lay out the expectations for copyright ownership before the project begins. Clearly outlining the terms of the assignment in writing can help to prevent future disputes and ensure that both parties understand their rights before any issues arise.
At times, a verbal agreement can function as a temporary transfer of rights enabling the recipient to later seek legal ownership. However, this is quite a risk for numerous reasons, such as:
- Disputes Over Terms: When there’s no written documentation to refer to, misunderstandings are more likely to arise over the agreed terms due to memory and interpretation differences.
- Third-Party Claims: If someone who is not part of the agreement gains legal rights without knowing about the verbal agreement in place, they could potentially have the authority to supersede the original agreement legally.
- Enforceability Issues: Courts might hesitate to uphold agreements when the terms are ambiguous or disputed.
To prevent complications, it is advisable to document assignments, with written agreements signed by all parties.
Requirements for a Valid Copyright Assignment
To make a copyright transfer legally binding, it needs to be recorded in written form and signed by the individual assigning the rights.
Consideration, something of value exchanged between parties in a contract, is not mandatory for copyright assignments. However, it is a usual practice to include a token amount of consideration as a formality measure. This is done for legal purposes so that all necessary procedures are followed effectively, and specific actions can be taken if needed in the future by content creators and influencers to safeguard their rights and retain authority over their artistic creations.
Surprisingly, there are no requirements regarding the format or language used in the assignment process. Basic expressions such as “let have ” are considered adequate for transferring copyright ownership, as evidenced in legal cases like Lacy v Toole (1867) 15 LT 512. Additionally, the assignment does not even specifically require the words “copyright”, “grant” or “assign”, as proved in Murray v King [1986] FSR 116 – demonstrating the power of intention to assign.
Key Details to Consider When Transferring Copyright
When transferring copyright, the context and purpose of the transfer play a vital role. For instance, in situations like the sale of a business along with its goodwill a copyright transfer might be implied, similar to what occurred in the case of Murray v King.
It’s crucial to understand that copyright assignments can be partial in nature and may involve the transfer of rights or be limited to a certain period within the copyright timeline. This flexibility offers benefits to creators as they can retain rights while sharing others with collaborators or clients.
Legal Considerations and Infringement
When a copyright is legally assigned to someone (an assignee) that person becomes the rightful owner and has the ability to pursue legal actions against those who infringe on it. In addition to this right to action, given to the assignee is the opportunity for an equitable assignee to initiate a lawsuit if they have obtained legal ownership before taking the case to trial. To safeguard their creations and avoid misuse by others on platforms like media channels or elsewhere, content creators should comprehend these intricate legal details and leverage them wisely.
Best Practices for Content Creators and Influencers
In order to handle copyright assignments efficiently and protect their work properly, content creators and influencers should follow recommended methods that secure their intellectual property rights. Initially, it is important to have discussions with partners, like photographers and videographers regarding copyright ownership and assignment conditions. Being proactive can help avoid confusion and promote a harmonious working environment.
Think about putting your agreements into writing after making them verbally at first to keep things clear and legally protected for both sides involved in the deal; it’s always a good idea to have that documentation in place to avoid any confusion down the road. Furthermore, seek advice from an entertainment law expert, for tips and guidance on making sure your agreements meet industry norms.
Contact Freeman Harris
At Freeman Harris, we ensure you retain control over your creative work with clear, legally sound agreements. Protect your brand—contact us today to secure your content’s ownership.
