Understanding the Conveyance of Copyright Post-Licensing Term: The Role of Licenses and Contracts

Many artists and creators are often confused about the nature of copyright and how it is conveyed or transferred after the licensing term expires. It is a common misconception that a license is a transfer of copyright, but this is not accurate. In this article, we will delve into the intricacies of copyright, licenses, and the role of contracts in these transactions.

What is a License?

A license is not a transfer of copyright; instead, it is a form of permission to use copyrighted material. When a license expires, no transfer of copyright occurs. The original copyright remains with the creator or the owner, and the license simply gives the licensee the permission to use the work within the agreed-upon terms.

Licensing vs. Transfer of Copyright

Licensing can be thought of as a practical form of transferring certain rights, but it is not an actual conveyance of copyright. A license confers temporary or exclusive permission to use the copyrighted material, but the copyright itself remains with the original owner.

Exclusive Rights Under Copyright

Copyright grants six exclusive rights to the owner:

Reproduction Distribution Public Performance Display Adaptation Translation

These rights can be licensed out to others, but the ownership of the copyright itself does not change. A perpetual license does not mean a permanent transfer of ownership; it merely gives endless permission to use the work.

Artists and Publishers: A Common Scenario

Take, for example, a scenario where an artist writes a book and licenses the publisher the right to publish it. The copyright remains with the artist, and the publishing rights are retained by the publisher until a specific reversion clause is triggered in the contract.

Assignment of Copyright to Publishers

There are some cases where copyright can be assigned to publishers, such as in a work-for-hire agreement. However, in the vast majority of scenarios, the creator retains the copyright and simply licenses the work to others.

Conclusion and Disclaimer

Essentially, the artist owns the copyright throughout the entire process. There is nothing to convey or re-convey because the copyright never leaves the artist's ownership. When the licensing term expires, the license agreement simply ends, and the copyright remains with the artist.

Disclaimer: This information is provided for educational purposes only. It should not be considered legal advice, as I am a lawyer but not your lawyer. For specific legal advice, consult a qualified professional.