Should You License or Assign Your Art?
by
Attorney Richard Stim
Whether or not your rights will revert to you is the main difference between licenses and assignments.
In a contract for the production or sale of your artwork, you can do one of two things: license your artwork or assign your work. An assignment is like selling your home -- you usually give up all ownership rights to your art. A license is akin to renting your home -- you temporarily transfer your rights but you retain ownership of the art.
Nowadays, companies who acquire rights from artists and designers have blurred the line between assignments and licenses. In fact, some assignment agreements are mistakenly titled "licenses" or "exclusive licenses." The challenge is to sort out what the agreement is trying to do and then decide if it's right for you.
Reversionary Rights
If you get the rights back to your artwork, you are most likely dealing with a license. This return of ownership is usually referred to as a "reversion" or "reversionary rights" and is found in most license agreements.
Reversion terms. Look for provisions entitled "Termination," "Term," "Reversion," "Grant of Rights," "Exploitation," or "Commercialization" to find reversionary rules.
Assignment terms. Be careful if a license agreement says it is "perpetual" or lasts "for the life of the copyright" or has similar language. This type of agreement would probably amount to an assignment of your rights.
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