The Exclusive rights granted by Copyright are extremely valuable in the entertainment industry. We help our clients maximize these rights. Copyright is secured automatically once the work is created and gives the author exclusive right to reproduce the work, create derivative works, distribute the work to the public, publicly perform the work, and publicly display the work.
Registration
Even though Copyright is secured automatically there are several benefits that the author receives for registering the work with the United States Copyright Office. We assist clients in the registration process to make sure the forms are correctly filled out and all requirements are met to obtain the additional rights for the author.
Transfer of Exclusive Rights
Any or all of these rights can be transferred to others. For example an author can transfer the right to create a motion picture based on a written work (right to create derivative works) and retain the right to publish and reproduce the written work. A transfer of any of the exclusive rights to another for their exclusive use must in writing to be valid. Non-exclusive use transfers do not have to be in writing to be valid but it is highly recommended.
From the author's perspective special care must be taken to make sure that only the rights intended to be given to others are and nothing more. From the party acquiring the rights' perspective special care must be taken to ensure the correct rights are transferred. We work with the client to draft or review an agreement to transfer any or all of the exclusive rights and carefully explain what rights are included and the scope of those rights.
|