RE: Re: Assignment of "Future Works"

Thanks for your response. I was indeed looking for post-1978 authorities. The copyright laws of various countries, such as the U.K. and India, specifically recognize the ability to assign future works. While this is "apparently" the case in the U.S., Nimmer and other authority are not clear whether there is a line of cases on this point. Possibly, it has been accepted under general contract law principles in various states. However, I am interested to know if there is a case specifically dealing with this question under copyright law.

> Another example, one with which I am very familiar, is an exclusive songwriting contract. All the songs the writer composes during the term of the contract are assigned to the publisher (usually for the duration of the copyright, although there can be twists on this, such as an agreement to return the songs to the writer if they are not exploited within a certain amount of tiem, and this doesn't take into account the provisions of U.S. law concerning termination of transfers or the arcane area of renewal rights). Leaving aside these points, in order to respond to your request for authority, are you talking about the present state of affairs (i.e., post-1978), or whether it was possible before 1978. You say that you've "always understood" (correctly, I believe), so it's unclear whether you want to know what made it so in the past, or what makes it so now. I don't have any cites handy, but the response might be different depending on the focus of your question.
>
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> At 04:20 PM 4/8/2005, Heiko E. Burow wrote:
> 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
>
>
>
> S. Martin Keleti
> Cohen and Cohen
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>
>
>
>
> Heiko E. Burow
> Attorney at Law
> Baker & McKenzie LLP
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