The importance of content ownership
The stone-cold truth is that, in today’s world, content is everything.
It holds immense value across various industries – whether you’re an influencer building a loyal following on social media, a small business owner using content to engage customers, or a professional in the entertainment industry creating compelling stories for a global audience.
With content creation comes the question of content ownership – who ultimately lays claim to the material produced and shared? Understanding copyright law is crucial when you have someone helping you produce your content.
What many people don’t know is that oftentimes, that person filming you holds the copyright to the material – not you, as the subject.
This is why copyright assignment is crucial – as it has a major impact on content creators and influencers collaborating with professional 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 law is a non-physical property right that gives the owner exclusive control over how their work is utilised by others.
This means that even when you pay a photographer or videographer to take a photo or video of you, the copyright still belongs to them. Therefore, they can use the content as they’d like, and there may be limitations in how you can utilise the content created.
The misconception that commissioning a photographer for a session automatically grants content ownership 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 retains copyright.
Oral copyright licence agreement
Relying on an oral agreement might still create a temporary enforceable licence, allowing the use of the work without transferring ownership.
This could occur in the form of a verbal or implied licence, which is a licence agreement that can sometimes be inferred by conduct, often occurring in employment or collaborative contexts.
For example, a freelance graphic designer creates a company logo for a client. The client pays the designer and proceeds to use the logo on their business materials. Since there is no written copyright assignment, the copyright for the logo design remains with the designer. However, by accepting payment and providing a downloadable logo for the purpose of business use, the designer has likely granted an implied licence, allowing their client to use the logo.
Nonetheless, if the client later modifies the logo and sells it to another company, now the designer could argue that these actions exceed the original implied licence, and this could potentially lead to copyright infringement claims.
Risks of not having a written copyright assignment
Without a proper written copyright agreement, there is a risk for:
- 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 a third party gains ownership of the copyrighted material without knowing about the verbal copyright agreement in place, they could potentially have the authority to legally supersede the original agreement.
- 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 create a proper copyright transfer agreement, it must:
- Be written and signed by all parties involved.
- Clearly outline the terms and timeline.
Unlike in contracts, consideration – something of value exchanged between parties – is not mandatory for copyright assignments. However, it is usual practice to include a token amount of consideration as a formality measure.
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.
Legal considerations for copyright assignment
When transferring copyright, the context and purpose of the transfer play a vital role. For example, in situations like the sale of a business along with its goodwill, 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 only specific rights or be limited to a certain period within the copyright timeline.
This flexibility offers benefits to content creators, as they can retain certain rights while sharing others with collaborators or clients.
Best practices for content creators and influencers
To efficiently handle copyright assignments and properly protect their work, content creators and influencers should:
- Discuss copyright ownership with anyone involved in their content creation process, including photographers and videographers, before starting a project or partnership.
- Put agreements in writing to ensure clarity and make sure they are signed by all parties involved to ensure legal protection.
- Seek advice from an entertainment lawyer to make sure your agreements comply with UK copyright law.
Contact Freeman Harris
At Freeman Harris, we make sure that you retain control over your intellectual property with clear, legally sound copyright agreements. Protect your brand by contacting us today to secure your content’s ownership.
