Short-Term Transfers and Reassignments Can Help Secure
Copyright Registration for All Works in a Collective Work
Registering copyright in collective works is one of the most effective ways to protect the rights of both publishers and contributors. Without proper registration, creators risk losing essential legal remedies and may even fall under the classification of “orphan works.” In this article, we explain how a smart copyright strategy can secure ownership and preserve your creative control.
In Parts 1 and 2, we explained why proper copyright registration is essential to preserve key legal remedies in the event of infringement. Registering works is now even more critical, especially with the looming threat of “orphan works” legislation. This legislation is likely to pass—and it could leave unsuspecting authors stripped of what was once a constitutionally protected right. Technology companies like Google, which contribute millions to the Library of Congress, are pushing for changes. These companies—and other major users of online content—are seeking free access to copyrighted material to drive advertising revenue. Unfortunately, those revenues often exclude the authors who created the works.
Authors now face pressure from both directions. Publishers of collective works frequently seek full copyright transfers, while independent contributors are understandably reluctant to give them up. However, failing to formalize the parties’ rights in a clear agreement can harm both sides—even well-intentioned publishers.
Consider the example in Part 2. A publishing agency has a financial interest in ensuring that the photographs it uses are registered. Freelancers who don’t regularly register their work place both themselves—and the agency—at risk. If someone infringes on an unregistered photo, the agency lacks legal standing to enforce rights. And without prior registration, legal action may be too costly for freelancers to pursue on their own.
Take the example from Part 2. A publishing agency has a financial stake in ensuring the photographs it uses are registered. Freelancers who don’t regularly register their work put themselves—and the agency—at risk. If someone infringes on an unregistered photo, the agency has no legal standing to enforce rights. And without prior registration, freelancers may find legal action too expensive to pursue.
What’s the solution for well-meaning publishers and authors?
Publishers and visual artists can protect themselves through contracts. These agreements can preserve infringement remedies for both the collective work and the individual contributions. With the right language, visual artists don’t need to permanently part with their copyrights. It’s a win-win.
Under current copyright law, a single registration can only cover both the collective work and the individual contributions if the registrant owns both at the time of registration. A practical solution is a contract that grants the publisher temporary ownership—say, for three months following the first publication. This arrangement allows the publisher to lawfully file the registration. The agreement can also include a clause that makes the rights non-exclusive after six months, along with a written assignment that reverts ownership back to the individual author. Is it more paperwork? Yes. But it works—and at least one court has upheld this approach.
The result?
Statutory remedies remain available in the event of infringement, and contributors retain long-term rights to their individual work.
There’s another option. Freelance writers and artists can—and should—routinely register their own work. Develop the habit of registering right after publication. Otherwise, your work could become “orphaned” under both current and future laws.
