A copyright assignment transfers ownership of a creative work from one person or business to another. Whether you’re selling your book rights, acquiring software code, or formalizing IP for your business, here’s what you should know about copyright assignments to protect your interests and avoid disputes.
What is a copyright assignment?
A copyright assignment is a legal document that transfers ownership of a copyright from the current owner (the assignor) to another person or entity (the assignee). By signing a copyright assignment, the original owner gives up some or all rights to use, reproduce, sell, or license the creative work.
You might need a copyright assignment in a few different scenarios, such as:
- Selling your creative work
- Transferring intellectual property during a business sale
- Clarifying ownership rights when hiring contractors or employees
Unlike a copyright license, which only grants permission to use the work under certain conditions, an assignment is a permanent transfer of ownership. After the assignment, the new owner can exercise all exclusive rights under copyright law.
How to transfer copyright ownership
Transferring copyright involves several important steps to ensure the process is valid and enforceable. Here’s how to get started.
1. Prepare the copyright assignment agreement
Start by drafting a written contract that clearly spells out the terms of the transfer. This typically includes the following:
- Names and addresses of the assignor and assignee
- A clear description of the creative work(s) being transferred
- The specific rights being assigned (all or partial)
- The effective date of the transfer
- Signatures of all parties
You can find copyright assignment templates online to simplify this process and make sure you include the standard provisions. You can also consult an attorney who can draft it for you, or at the very least, review your drafted template to confirm it meets your expectations.
2. Negotiate and finalize terms
Before signing, both parties should review and negotiate the terms of the agreement, such as:
- Payment or consideration for the transfer
- Any warranties or guarantees about ownership and originality
- Limitations or ongoing rights (such as a license back to the assignor)
- Responsibilities for future documentation or cooperation
Since it’s a binding contract, you’ll want to spell out these details to avoid confusion down the line. This is another reason why it’s helpful to work with an attorney, as they can catch any provisions you might overlook and advocate for your best interests throughout negotiations.
3. Execute the agreement
Once everyone agrees to the terms, both parties should sign the assignment. The transfer is only legally effective when the written agreement is signed. Keep copies of the fully executed document for your records, and store them in a safe place in case you ever need to reference them.
4. Record the assignment
Although not legally required, recording your copyright assignment with the U.S. Copyright Office can help establish priority in case of ownership disputes. Here’s how to record your assignment.
- Visit the U.S. Copyright Office’s Recordation System.
- Submit the signed document and required forms online.
- Pay the applicable fees (starting at $95 per electronic document upload as of 2025).
Recordation makes the assignment part of the official public record, which can be valuable if the work is ever subject to litigation or multiple transfers.
5. Notarization and witness requirements
U.S. law doesn’t require notarization or witnesses for a copyright assignment to be valid. However, this can still help prove authenticity if the agreement is ever challenged, so it doesn’t hurt to get your assignment notarized as an extra layer of legal protection.
Key elements in a copyright assignment agreement
A copyright assignment agreement should address several elements relevant to the work in question. Here’s where to start.
- Grant of rights and description of work. The agreement must clearly describe the creative work (or works) being assigned and specify which rights are being transferred—such as reproduction, distribution, or all exclusive rights.
- Consideration (payment). Outline what the assignee is providing in exchange for the copyright, whether it’s a lump-sum payment, ongoing royalties, or other compensation.
- Warranties and representations. The assignor typically promises that they own the work, have the authority to transfer it, and that the work doesn’t infringe on third-party rights. These statements help protect the assignee from future claims.
- Further assurances and documentation. Include a clause requiring the assignor to cooperate with any additional paperwork or steps needed to perfect the transfer, such as signing additional documents or assisting with recordation.
- Termination and post-assignment rights. Clarify whether the assignor retains any rights to use the work (for example, a nonexclusive license) or if they are giving up all rights entirely. Specify any conditions that could cause the agreement to terminate.
- Governing law. State which jurisdiction’s laws will govern the agreement. This is important if the parties are in different states or countries.
For a ready-to-use, attorney-designed copyright assignment template, consider LegalZoom’s selection of customizable agreements.
Why copyright assignments matter
Transferring copyright ownership is a critical step in many business and creative transactions. Only the copyright owner has the legal authority to enforce the rights, license the work, or sue for infringement. If ownership isn’t clearly assigned, disputes can arise over who controls or profits from the work.
For startups, publishers, freelancers, agencies, and creative teams, a properly executed assignment protects your ability to use, sell, or defend your intellectual property. Without a valid assignment, you could face costly litigation or lose out on valuable opportunities.
Proper documentation helps prevent misunderstandings, especially when works are created by multiple contributors or acquired as part of larger deals.
Do I need to record my assignment?
Recording a copyright assignment with the U.S. Copyright Office isn’t required, but it does offer considerable benefits. Recordation is helpful if you want to:
- Provide public notice of the transfer
- Establish priority in case of conflicting transfers
- Make it easier to enforce your rights in court
Keep in mind that only the owner of a copyright can take legal action for infringement, so recordation can help prove your ownership if these issues ever arise.
How can LegalZoom help with copyright assignments?
Navigating the legal requirements for a copyright assignment can be tricky, but you don’t have to do it alone. Here’s how LegalZoom can help.
- Legal documents: Access professionally drafted copyright assignment templates to create a valid document tailored to your needs.
- Attorney-backed expertise: Get legal advice, guidance, and document reviews from experienced legal professionals with our attorney consultation plans.
Whether you’re a creator, entrepreneur, or business leader, LegalZoom can offer assistance so you can transfer your copyright ownership with confidence.
Copyright assignment FAQs
Does a copyright assignment need to be notarized?
No, notarization is not required by law for a copyright assignment to be valid in the U.S. However, getting it notarized can add credibility and help resolve disputes if the agreement’s authenticity is ever questioned.
What’s the difference between assignment and license?
An assignment transfers full ownership of the copyright to another party, while a license only grants permission to use the work under certain conditions without giving up ownership.
Can I assign a copyright for an unpublished work?
Yes, you can assign the copyright in both published and unpublished works. The assignment should clearly describe the work, even if it’s not yet made public.
What are the risks if I don’t use a written agreement?
Without a written copyright assignment agreement, transfers are not legally valid. This can lead to ownership disputes, loss of rights, and difficulty enforcing your copyright in court.
How much does it cost to record an assignment?
As of 2025, the U.S. Copyright Office charges $95 per document for electronic recordation and $125 for paper recordation. Keep in mind that recordation fees may vary depending on the details of your submission.
Who needs to sign a copyright assignment?
All current copyright owners (assignors) and the party receiving the rights (assignee) must sign the agreement for it to be legally effective.
Is recordation required for enforcement in court?
While recordation is not required for a copyright assignment to be valid, recording the transfer with the U.S. Copyright Office can strengthen your position in court should you ever file an infringement lawsuit.