The Briefing: No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement

"Without a written assignment, you do not own the copyright and you cannot enforce it. In this episode, they cover why Section 204(a) of the Copyright Act requires copyright transfers to be in writing, the legal difference between composition copyrights and sound recording copyrights, and how the lack of a written assignment wiped out most of the plaintiff's infringement claims."

"In copyright law, if it is not in writing, it may as well not exist. A federal court decision arising from a copyright dispute tied to Ye's Donda album turned on this simple but unforgiving rule of copyright law."

A federal court decision involving Ye's Donda album illustrates a critical copyright law principle: transfers of musical composition rights require written documentation to be legally valid. Section 204(a) of the Copyright Act mandates this writing requirement, distinguishing between composition copyrights and sound recording copyrights. When artists agree to transfer rights verbally or through informal means without written assignment, they cannot claim ownership or enforce infringement claims. The case demonstrates how this unforgiving rule eliminated most of the plaintiff's legal remedies despite an apparent agreement to transfer rights. This principle underscores that copyright law treats written documentation as essential; informal agreements, regardless of intent, provide no legal protection or enforcement mechanisms.

Read at The IP Law Blog