Transferring and licensing copyright—commercial issues
Transferring and licensing copyright—commercial issues

The following IP practice note provides comprehensive and up to date legal information covering:

  • Transferring and licensing copyright—commercial issues
  • Copyright protection—key considerations
  • Understanding subsistence
  • Use of copyright notices
  • Key considerations
  • Ownership of the rights
  • The rights to be transferred
  • Future copyright
  • Key issues in an assignment
  • Formalities
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?

Copyright in a protected work can be licensed, assigned or otherwise transferred by testamentary disposition or operation of law. This Practice Note focuses on the key issues to consider when assigning or licensing copyright works. In particular the parties should consider:

  1. the nature of the works: as this will affect the strategy for dealing with rights, including which rights are to be transferred or licensed

  2. the owner of the works: the person who owns the physical subject matter may differ from the person who owns the copyright in the works

  3. the rights that are to be transferred: a transfer may be partial or complete. A partial transfer could be limited to only a few selected rights, or only relate to part of the copyright period

  4. future copyright: a transfer may include copyright in works that do not yet exist, such

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