All or one of the economic rights from works protected by copyright or related rights may be transferred (assigned) freely and individually by written contract. Since in most cases, simply to deliver or give material support of the work does not involve assignment of economic right.
Although for certain works the law has established an “automatic” transfer of economic rights, for instance: audiovisual works or computer programs. However, these provisions may be modified by agreement between the parties.
The assignment agreement may have the following terms and conditions:
- Free or with a cost
- Exclusive or not
- Independently of each other
- Limited to the rights expressly granted
- Restricted in time and territory
The recipient of an assignment may exercise the right received and fully enjoy its benefits. Nonetheless, such a contract must be interpreted strictly as expressly decided.
If the parties do not otherwise agree, our law establishes:
- The assignment as non-exclusive and with an economic charge
- The assignment can be replaced by non-exclusive and non-transferable license, specifically indicating the use to be authorized.
- Independence in each assignment
- Annulment of contracts concerning future global production, but allowed for one or more works
- Annulment of the obligation to produce or restrict future production, even in a limited time