However, if there is no clause in the agreement that clearly defines the duration (or duration) of the transfer, it means that the laws on the jurisdiction in which the agreement was entered into (signed) determine the duration of the agreement. This is a fundamental discrepancy between the purpose of copyright (i.e. the full choice of an author/creator through the dissemination of works) and its application, because authors lose those rights when the copyright is transferred. Such fundamental conceptual offences are underlined by the popular use of sites such as ResearchGate and Sci-Hub for illegal file sharing by academics and the general public. [32] [33] [34] [35] [36] In fact, broad and unlimited sharing helps to advance science faster than paywalled Articles, so it is possible to argue that the transfer of copyright is a basic misservice to the entire research enterprise. [37] It is also very counter-intuitive that learned societies, like the American Psychological Association, actively monitor and remove copyrighted content that they publish on behalf of authors [Note 3], because it is not in the interest of authors or the reuse of published research, and because the copyright transfer system is counterproductive (because original authors lose control and rights over their own work). 4. The contracting parties agree that the ownership of the copyrighted work will be returned to the assignee or his rights holders and will be transferred to the _____day of the In the absence of a date or jurisdiction, the parties agree that the duration of the transfer of ownership of copyrighted works will be determined by the laws of the jurisdiction in which the contract is entered into. IMPORTANT: Please visit our main copyright page for more information on copyright, copyright infringement and other related free legal forms. You will be well advised to advise your lawyer on the copyright of your best approach. In 2017, the 9th Court of Appeals of Johnson v. Storix confirmed a transfer of copyright without a written assignment. [17] In this case, the author sold the Anthony Johnson software as an individual contractor and built his business in 2003 under the title Storix, Inc.