Monday, August 23, 2010

Copyright Assignments

Monday, August 23, 2010
Make sure you get your copyright assignments in writing.
No assignment or grant is valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by the owner’s duly authorized agent.(Copyright Act, S.4, in part).
And, like any important receipt, make sure you save it for later access. Unless you are the original author/owner you will need to establish a chain of title if you wish to enforce the copyright. A receipt may also come in handy as a full or partial defence if someone else claims ownership of the work at a later date.
Oh, and don’t try to rely on a nunc pro tunc assignment generated during litigation and not witnessed… J.L. de Ball Canada Inc. v. 421254 Ontario Ltd., 1999 CanLII 9222 (F.C.)