[Copyright] consequence of assignment?

Carl Oppedahl carl at oppedahl.com
Fri Jun 7 12:14:15 EDT 2024


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The basic scenario:

Artist creates the Work in 2010.

Artist licenses the right to publish the Work to Licensee pursuant to an 
Agreement in 2010 for the life of the copyright.

Artist assigns the Agreement to NewCo Inc. (wholly-owned by Artist) in 2011.

  * The assignment of the 2010 Agreement to NewCo Inc. does not
    eliminate Artist’s Section 203 copyright termination right with
    respect to the 2010 Agreement with Licensee (assuming Artist
    complies with notice/recordation requirements, etc.), correct?
  * Does the answer change if Artist also assigns the copyright to the
    Work to NewCo Inc. in 2011?
  * Does the answer change if the assignee in 2011 is Artist’s revocable
    trust (instead of NewCo Inc.)?
  * Is it correct that new licenses of the Work granted by NewCo Inc.
    (or Artist’s revocable trust) after the 2011 assignment would not be
    subject to any Section 203 copyright termination right (since the
    new licenses would not be treated as a grant by the “author”)?

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