If you have created copyrighted material in New Jersey, you may want to transfer it to another party for any number of reasons. Fortunately, the law allows you to do this fairly easily. Just because you are the person who created copyrighted material does not mean you have to be the person who markets it.
A copyright assignments attorney can help you transfer your copyright to another party and get appropriate compensation for your efforts. Contact Gearhart Law in New Jersey today for help with copyright assignments and transfers.
Why You Might Want to Transfer a Copyright
When you create material, it is copyrighted the moment that you create it, whether you publish it or not. That means you have the right to duplicate it, modify it, and receive compensation from it. Unfortunately, just because you created something, that does not mean you have the right skills to market it effectively.
At Gearhart Law, we believe that creative individuals should get fair compensation for the content they create. Often, that means transferring some or all portions of your copyright to a party that can effectively turn your creativity into income. Our legal team will assist you with creating copyright assignments for other parties.
Finding the Right Party
Before granting copyright assignments to another party, you need to choose who is going to get the rights to your content. Choosing the right party can make a world of difference.
At Gearhart Law, we have connections within all types of industries. Our lawyers can help you determine whether a specific party can offer you the right benefits if they gain partial or complete control over one or more of your copyrights.
Typically, this means that we help authors or other artists find publishers, but those are not the only parties to whom you might want to transfer a copyright.
Creating or Analyzing Contracts
The U.S. Copyright Office does not have any laws governing how copyright assignments are handled beyond standard contract law. A copyright is considered no different than any other type of property and can be transferred to another party partially or completely for a fixed, variable, or permanent period.
Whether that transfer benefits you often depends on the contract you sign. For example, if you are an author, you could sign a contract that gives a book publisher the right to print and sell up to 10,000 copies of your book in one year.
In many cases, that would be an exclusive contract, and in return, you would get paid either a lump sum, a value based on how many books sold, or some combination of that.
Is that a good deal? That depends on several factors. Our legal team will consider all of the following factors when creating or analyzing contracts for copyright assignments:
- The value of the compensation for the creator
- How long the copyright is assigned
- Whether it is an exclusive copyright or not
- How the copyrighted material will be used or marketed
- What type of exit clauses exist in the contract
We work carefully with our clients during every step of the process. You will only transfer your copyrights after fully understanding what you are agreeing to and what you will get in return.
Enforcing Copyright Transfer Agreements
Some people sign a contract, get paid, and permanently transfer all copyrights of a specific creation to another party. However, that is not particularly common, especially when you are represented by Gearhart Law.
Often, you will maintain some of your copyright or get it back after a set amount of time. Additionally, it is common to place restrictions in the contract about how your copyright can be used or marketed.
Our legal team can help you enforce these agreements. We will monitor how the copyright is being used and marketed and confirm that it is compliant with the contract you agreed to.
Similarly, if your compensation is based on the success of a product or service based on your copyright, we will monitor the financial records of the other party. This can help us identify when another party is not appropriately compensating you for your efforts.
Contact the New Jersey Law Firm Gearhart Law for Help With Copyright Assignments
Many creative individuals know little about the effective marketing of created content. This does not mean they should get underpaid for their efforts.
At Gearhart Law, we help creatives get the financial benefits they deserve from their work by assisting with copyright transfers to parties that will provide fair compensation for copyrighted work. Contact our law firm today to consult with a lawyer to learn how we can help.