3 Nimmer on Copyright § 10.10


Summary

When a copyright is assigned, the assignee owns the copyright outright.1See Batiste v. Island Records Inc., 179 F.3d 217, 223 (5th Cir. 1999), cert. denied, 528 U.S. 1076, 120 S. Ct. 792, 145 L. Ed. 2d 668 (2000). Because the subject contract in that case granted “all rights of whatsoever nature” relating to the copyright, it applied to all exploitation, manifestly including the future technology of digital sampling. Id. See § 13.03[A][2][b] infra. That contract happened to contain a clause applying to “any method now or hereafter known,” although the same result should apply even in the absence of that additional language. However, when less than all right, title and interest in the copyright is granted, the question arises whether the grantor retains residual rights. This section addresses that latter inquiry. See Batiste v. Island Records Inc., 179 F.3d 217, 223 (5th Cir. 1999), cert. denied, 528 U.S. 1076, 120 S. Ct. 792, 145 L. Ed. 2d 668 (2000). Because the subject contract in ...