In some countries, the transfer of copyright is not permitted by law and only a license is possible.  In some countries, such as the United States and the United Kingdom, copyright transfer agreements must normally be in writing and signed by the person transferring the copyright. In many countries, when a worker is hired to create a copyrighted work for an employer, that employer is by default the copyright owner, so no copyright transfer agreement is required. In many countries that recognize copyright, these rights cannot be transferred and copyright transfer agreements only confer economic rights.  In 2017, the 9th Court of Appeal was created in Johnson v. Storix confirmed a copyright transfer that was not used for the written assignment.  In this case, author Anthony Johnson sold software as an individual entrepreneur and founded his company in 2003 as Storix, Inc. The court upheld a jury decision that Johnson transferred the copyright to the company when it was founded, based on an annual report he wrote and signed, in which he stated that he had transferred « all the assets » of his individual company. The jury rejected Johnson`s claim that he only wanted to transfer the license to sell the software and also decided that Johnson had become a rental factory when the company was founded, which also deprived all rights of his derivative works. This is the first case where a document, not even a contract or agreement that contains no reference to copyright, has been considered a copyright transfer « note or memorandum » and the first time that a single owner of a business has been designated as a rental work for copyright purposes. [dubious – discuss] This is a lesson that a « writing » required by copyright law does not necessarily have to be « clear », but may contain ambiguous language that can be interpreted by the alleged handling of the transaction by third parties. Copyright transfer agreements became common in the publishing industry after the Copyright Act of 1976 in the United States and other similar laws in other countries defined copyright as copyright from the date of creation (not publication) of a work.  This required publishers to acquire copyright from the copyright holder to sell or access the works, and written statements signed by the rights holder were necessary for the transfer of copyright to be considered valid.  Manuscripts and signed copyright transfer agreements should be submitted directly to the journal in which authors wish to publish their article. You can find contact information on the web pages of some magazines. 2.3 The Publisher may transfer all or part of the rights granted to it under paragraphs 2.1 and 2.2 or grant licenses to third parties to exploit the rights conferred on it. Any claim arising from agreements concluded between the author and reprography societies, in particular the VG Wort, which belongs to the author is not affected. The agreement below will be effective if the article submitted for publication by Walter de Gruyter GmbH/ Walter de Gruyter, Inc. (the « Publisher ») is accepted. Any questions regarding copyright transfer agreements can be emailed to firstname.lastname@example.org. You can use our online feedback form or contact the editorial staff.
A copyright transfer agreement comes into effect when a manuscript is adopted for publication in English. If, for some reason, your article is rejected by the editorial staff of a magazine, the agreement will lose its strength. The decision to accept a manuscript for publication rests exclusively with the editorial board of the journal concerned. By signing the agreement, the authors guarantee that they become familiar with the conditions and that they agree.. . .