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Got a Copyright Problem? Ask Helen...
Q. A company who want to reproduce my artwork on greetings cards have issued me with a contract asking me to "assign" my copyright to them. What should I do?
A. Copyright is a form of personal property
which can be exploited in two main ways: by means of an assignment or
a licence. An assignment is an outright sale of copyright. In order to
be valid it has to be in writing and signed by, or on behalf of, the person
granting the assignment.
It is important to only assign your copyright as a last resort as it means that you will lose control over the way in which your work is used and circulated in the future. It also means that you will not be able to generate any further copyright revenue in respect of this work.
An alternative approach is to grant the company a licence to reproduce
your work on the greetings cards for a fee. This is a contractual permission
to use your work in accordance with the terms of the licence and it does not
transfer ownership of your copyright to another party. If you grant the company
a non-exclusive licence you will then be able to generate further income from
licensing the same work to another party for another use in the future.
DACS can also do this for you by managing all requests to reproduce your work ensuring your copyright is legally licensed, fairly paid for and its integrity respected.
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More information: DACS Copyright Licensing service.
Helen Dutta, DACS' Copyright Adviser, runs an advice service for Artist's Resale Right and Copyright Licensing members.
Opening Times:
Monday: 10am - 1pm
Tuesday: 10am - 1pm
Wednesday: 2pm - 5pm
T. 0845 555 1199
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The content of this column is not intended to apply to individual circumstances. It is no substitute for independent legal advice and should not be relied upon as such.
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