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Delta-Lawyer, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 3546
Experience:  Patent Bar Certified
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If a writer has a copyright registration of an original

Customer Question

if a writer has a copyright registration of an original work, but then enters into a legal binding agreement (lawyer verified) to sell 50 % of his work to partners, can he then try to claim that he owns the copyright and no one can infringe on it? in other words, he is trying to revoke agreement for his own financial benefit. Can he?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Delta-Lawyer replied 1 year ago.

No, though the assignment and partial assignment of copyrights can get complicated and can rely heavily on what is specifically agreed upon in the contractual language. For instance, just based on logic and reason, he cannot state that though that he entered into the agreement with cannot access and use this copyrighted material and claim that they are infringing... no matter what the contractual language states. He cannot unilaterally revoke this contractual agreement without being in breach, and thus owing damages for the breach.

He may, depending on the language, be able to control whom the 50% partner allows to use the work...however, if there is no limiting language in the contract, he may not be able to take that approach either.

So, your instincts appear to be correct. Moreover, it sounds as if this guy has either breached or is attempting to breach the very contract to which he signed, which can result in an award of damages for breach of contract.

By the way, I am a licensed IP attorney with over a dozen years of experience handling matters such as this one.

Please rate my answer positively and let me know if you have any other questions.


Expert:  Delta-Lawyer replied 1 year ago.

Just checking on you to see if you had any additional questions. I want you to be as comfortable as possible as you move forward. Thanks!