Assignment of "Future Works"

Hello,

I have always understood that, in the U.S., it is permissible to agree to assign the copyrights to "future works," i.e., one or more works that is not yet in existence but will or may come into existence in the future. For example, a company entering into a service contract can have an independent contractor sign a general assignment clause pursuant to which the contract assigns its copyrights in any work that are created within the scope of the service contract. I understand that such assignment would be enforceable. Does anybody have any legal authority on this point that they can share?

I guess the outside bounds of the enforceability are public policy, lack of consideration or excessive ambiguity (under state contract law), such as where it is not reasonably possible to determine what is and what is not a future work covered by the assignment.

Thanks,

Heiko

Heiko E. Burow
Attorney at Law
Baker & McKenzie LLP
2001 Ross Avenue, Suite 2300
Dallas, TX 75201
United States of America
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