In many of the most important deals that an artist or songwriter will sign in his/her career, there will contain provisions requiring the transfer of ownership of rights to their songs and recordings. This granting of copyrights by an artist to another party is called an assignment and is an important term to understand.

When an artist signs his/her first recording agreement, the record company will more than likely stipulate that the artist grants the company the rights to the sound recordings for a specified number of years. Similarly, a standard publishing agreement for a new songwriter will call for the assignment to the publisher of copyrights in the compositions themselves. Furthermore, a producer may ask for a percentage of ownership in an artist’s recordings and compositions, in which case a formal contract will need to be drafted and signed.

Whether one or all of the exclusive rights to an artist/songwriter’s works are assigned, or a specified percentage of works thereof, the transfer of copyright is not valid unless a formal agreement is written and signed by the copyright owner. Though not legally required, it is also advisable to record such an assignment of rights with the U.S. Copyright Office, as it may provide legal advantages and clarifications in the future. Once signed and agreed to, these transfers of ownership are legally binding and should thus not be carried out without legal consultation.

Many young artists, eager to ink a deal with a record/publishing company or producer will assign away all current and future rights to their recordings and songs for the chance at a lucrative deal. Copyright ownership in itself is a revenue stream and should not be given away blindly. Fortunately, the present law allows for termination of an assignment of rights after 35 years under certain conditions by serving written notice on the transferee within specified time limits. Thus, rights transferred from one person to another, while legal binding and in writing, can still revert back to the original owner after a period 35 years.