The transfer of copyright is valid only via a written and signed agreement. Such a rule has serious consequences in our digital era where people no longer read text, especially on the Internet.
- The rule of copyright transfer
Admittedly, copyright ownership can be transferred, for example by selling it or offering it as a gift. However, it should be noted that copyright assignments are valid only if it is in writing and signed by the owner or the owner’s authorized agent. Otherwise, copyright transfer would be void.
The right holder can also allow another person to use his copyrighted work by concluding a license agreement. This can be limited with regard to the duration, the territory, the conditions, etc. However, licenses cannot be regarded as a copyright assignment, as copyright ownership remains to the right holder. As a matter of fact, the rule requiring a signed writing by the right owner applies for license agreements as well.
- Application
In this context, in the case where a photographer sells the picture that he took to another person, the act of selling does not change anything with regard to his copyright ownership. As no writing has been made between the copyright owner and the buyer, copyright ownership remains to the former copyright owner. This issue is clear evidence that a photograph owner and a copyright owner may be different persons.
- Consequences in our information era
Nevertheless, the writing requirement of such a rule can create undesired consequences in our era where many people are often unaware of such risks, although of paramount importance. Indeed, the subject of copyright transfer has become capital thanks to the growth of the Internet, as within terms of service of websites and social networks, individuals effectively relinquish their copyright protection, oftentimes without even knowing that they are doing so.
