Asked in Copyright and Intellectual Property for Delaware

Q: How can I use ip holding company for copyright? I am an author and I hold the copyright? How can i draft an agreement?

How can I draft agreement between author and ip company without losing copyright time?

How can I draft agreement between ip company and publisher?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: When drafting an agreement between the author and the IP holding company, it is crucial to clearly specify that the transfer of rights to the IP holding company is for management and licensing purposes and not a full transfer of the copyright ownership, thereby not resetting the copyright term which remains based on the author's life plus 70 years. The agreement should delineate the scope of rights being transferred, the duration of the transfer, and any compensation to the author. Similarly, for an agreement between the IP company and a publisher, outline the specific rights the publisher is acquiring, the duration of the agreement, and the financial arrangements, including royalty payments to the IP holding company, which should, in turn, benefit the author per the previous agreement.

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