Purpose transfer theory

Introduction

The purpose transfer theory is a legal principle that plays an important role in copyright law in particular. It concerns the transfer of rights to use copyrighted works. In this article we will look at the purpose transfer theory in detail and explain its meaning, areas of application and specifics.

Definition

The purpose transfer theory states that an author only transfers the rights to use his work that are necessary for the contractually agreed purpose. This means that the rights holder retains control over the way his work is used and that the authorized user may only use the work to the extent and for the purposes expressly agreed.

Application in copyright

In copyright law, the purpose transfer theory is of particular importance. If an author grants a third party the right to use his work, it must be clearly defined for what purpose and to what extent this use may take place. This is especially important to ensure that the author retains control over his work and that his rights are not used beyond what he intended.

Example

An author grants a publisher the right to publish his novel. According to the purpose transfer theory, the publisher may only use the work for the purpose of publishing it as a book. The publisher would not automatically have the right to also publish the book as an audio book or to sell the film rights unless this was expressly agreed.

Significance for contracts

In contracts in which rights of use to copyrighted works are transferred, the purpose transfer theory should be taken into account. It is important to define exactly which rights are transferred and for what purpose. This protects the rights of the author and ensures that both parties are clear about the scope of the transfer of rights.

Conclusion

The purpose transfer theory is an important principle in copyright law that serves to protect the rights of authors and to provide clarity about the scope of the rights of use that are transferred to third parties. Careful consideration should be given to this principle when drafting contracts involving the transfer of rights of use.