What is IP assignment?
Assignment vs license
An assignment makes the assignee the new owner. A licence lets someone carry out agreed acts for an agreed period and “does not transfer ownership” (CLIC). In US copyright law, a “transfer of copyright ownership” covers an assignment and an exclusive license, but not a nonexclusive license (17 U.S.C. § 101), and a transfer needs a signed written instrument (17 U.S.C. § 204).
Why it matters when you sell data
If you assign your data, you may not be able to license it again, or even keep using it on your own terms. A license lets you set the scope, term and uses, and keep ownership. Check also who will own what is made from the data, such as derivative datasets or fine-tuned models.
See the terms to check in an AI data license offer. This is general information, not legal advice; have counsel review any agreement.
Frequently asked questions
How can I tell if a contract is an assignment or a license?
Read the grant clause. Words such as 'assigns', 'transfers' or 'all right, title and interest' point to an assignment. 'Grants a license to use' points to a license. Have counsel confirm what the full agreement does.
Does an assignment have to be in writing?
Generally, yes. In the US, a transfer of copyright ownership isn't valid without a signed written instrument, and Hong Kong's rules likewise require an assignment to be in writing signed by the assignor.
Sources
- How is an assignment of copyright different from a licence of copyright?, Community Legal Information Centre (Hong Kong)
- 17 U.S. Code § 101: Definitions, Cornell Law School Legal Information Institute
- 17 U.S. Code § 204: Execution of transfers of copyright ownership, Cornell Law School Legal Information Institute