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When dealing with the assignment of future copyright, is consideration required because of the use of the word ‘agreement’ in section 91(1) of the Copyright, Designs and Patents Act 1988? Is consideration still required if the agreement is executed as a deed?

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Published on LexisPSL on 31/05/2019

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  • When dealing with the assignment of future copyright, is consideration required because of the use of the word ‘agreement’ in section 91(1) of the Copyright, Designs and Patents Act 1988? Is consideration still required if the agreement is executed as a deed?

When dealing with the assignment of future copyright, is consideration required because of the use of the word ‘agreement’ in section 91(1) of the Copyright, Designs and Patents Act 1988? Is consideration still required if the agreement is executed as a deed?

The term 'future copyright' is defined by the Copyright, Designs and Patents Act 1988 (CDPA 1988) as 'copyright which will or may come into existence in respect of a future work or class of works or on the occurrence of a future event'.

Where a work has not yet been recorded, but it is expected or anticipated, a prospective owner may deal with it as though it were already in existence. For example, it may assign or licence the future copyright in the future work, even though at the point of agreeing to do so the work in question does not exist.

While an assignment of the existing copyright in a work is not effective unless it is in writing, signed by or on behalf of the assignor, for an assignment of future copyright, there must be an agreement, signed by or on behalf of the prospective owner in which the prospective owner purports to assign the future copyright to another person. The use of the word 'agreement' in this context suggests that in addition to the assignment being in writing and signed by or

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