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Ontario|Intellectual PropertyCopyright 320 Assigning or licensing a Copyright The process of assigning or licensing a copyright is usually very complicated. To make sure that your rights are protected, you should contact a lawyer to advise you about assigning or licensing your copyright. You should also have your lawyer review the agreement before you sign it. Assigning and licensing are two different ways that authors or creators can profit from their copyrights.
- Assignments
An assignment is the sale of rights of ownership in your copyright. Assignments must be made in writing. You should register any change in the ownership of your copyright with the Copyright Office. This will protect your legal rights and you will be able to bring a lawsuit against anyone who uses the copyright without your permission. The fee for filing an assignment with the Copyright Office is $65.
- Licensing
Licensing gives someone other than the owner a temporary right or permission to use the work protected by copyright while the owner maintains ownership of the copyright. In most cases, the owner of a copyright will ask for a fee, or royalty, or other compensation for granting someone a license to use the copyright. If you are involved in a licensing arrangement, you should make sure among other things that the agreement is in writing and that it includes the time limits of the license and the amount of fee to be paid. Licenses should also be registered with the Copyright Office. The fee for filing a license with the Copyright Office is $65.
To register an assignment or a license, you should send the original agreement or a certified copy of the agreement with the fee to the Copyright Office. It will probably take approximately six weeks to register an assignment or a license. However, the assignment or license is effective once the agreement is made, therefore the assignee or licensee can begin using the copyright immediately. You should contact a lawyer to help you negotiate and prepare an assignment or licensing agreement.
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