Are copyrights transferable?
One of the arguments for copyrights being property is that they can be transfered; this is a specious argument, as many things that are not property can still be transfered. Employees and customers, for example, are “bought and sold” as part of spin-offs, take-overs, and even backroom deals. They’re still not property. But were copyrights really meant to be transferable? In reading what the founders, from Jefferson to Hamilton, had to say about the copyright monopoly, I get the distinct impression that none of them, not even Hamilton, thought that copyrights were transferable. The constitution says “by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. It doesn’t say “Authors and Inventors or their assigns”, nor does it say “the exclusive transferable Right”. Rights don’t have to be property, but they also often can’t be sold or transfered, especially when they’re “exclusive” to the grantee.
Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another. See Circular 1, section Transfer of Copyright, for a discussion of ownership. • Do you have any forms for transfer of copyrights? There are no forms provided by the Copyright Office to effect a copyright transfer. The Office does, however, keep records of transfers if they are submitted to us. If you have executed a transfer and wish to record it, the Copyright Office can provide a Document Cover Sheet, which can help to expedite the processing of the recordation. See Circular 12. • Can I copyright the name of my band? No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, (800) 786-9199, for further information. • How do I copyright a name, title, slogan or logo? Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Cont
