Copy That, Part 7: Licensing and Assignment: How to Use and Share Copyright
Owning copyright doesn’t mean you have to keep it locked away. In fact, some of the most powerful uses of copyright come from sharing it—on your terms. That’s where licensing and assignment come in.
Licensing: permission with strings attached
A licence is essentially permission for someone else to use your work in a certain way. You remain the owner, but you set the rules.
Licences can be:
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Exclusive – only the licensee can use the work in that way (even you, the owner, may be excluded). Exclusive licences should always be in writing.
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Non-exclusive – you can license the same rights to multiple people at the same time.
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Implied – sometimes the circumstances imply a licence (e.g. sending your customer a graphical design they asked you to make for their business cards implies they can have it copied on to their business cards). But relying on implication is risky—always better to spell it out.
Creative industries often use open licences like Creative Commons to allow broad, standardised sharing. These licences can be very flexible, but once granted, they can’t easily be revoked.
Sidebar: Creative Commons vs Copyleft
These two often get confused, but they’re not the same thing.
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Creative Commons (CC):
A suite of standard licences that creators can choose from. Some are very open (like CC0, which waives rights), while others are more restrictive (like CC BY-NC, which bars commercial use). -
Copyleft:
A philosophy that says: you can use, modify, and share this work freely, but if you create something new from it, you must share that new work under the same terms. -
Where they overlap:
Some Creative Commons licences, like CC BY-SA, include a “ShareAlike” condition. That’s essentially a form of copyleft—any derivatives must be licensed the same way. But not all Creative Commons licences have this feature.
👉 In short: Creative Commons is a toolkit of licences. Copyleft is a principle. Some CC licences apply copyleft; others don’t.
Assignment: a permanent transfer
An assignment is different: it transfers ownership itself.
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Assignments must be in writing and signed by the current owner.
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They can cover all rights, or just some (e.g. assigning film rights but keeping publishing rights).
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Once assigned, the new owner steps into your shoes and can enforce copyright as if they were the creator.
Assignments are common in publishing contracts, music catalogues, software acquisitions, and business sales.
Why the distinction matters
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A licence gives someone permission; you still own the copyright.
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An assignment gives someone ownership; you no longer do.
Mixing the two up in a contract can cause years of confusion—or even litigation.
IP Mojo tip: share smart, not loose
When letting others use your work, always be clear:
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Who is allowed to use it
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What they can do with it
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Where and for how long they can use it
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Whether the permission is exclusive or not
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How much (if anything) they’ll pay for it
That clarity is what turns copyright from a legal safety net into a practical business tool.
Next up in our Copy That series:
Part 8 – Infringement and Enforcement: What Happens When It Goes Wrong
Because copyright only matters if you can enforce it when lines are crossed.