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August 22, 2017 Registrationwala

Assignment of Copyright in India

Copyright

Assignment of Copyright in India

Copyright is a unique kind of intellectual property right.  In India, the copyright act has been passed in the year 1914. A copyright helps the originator of the creative idea, expression, process and a concept to shield his uniqueness. Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary or musical works. In order to obtain a copyright, it is essential that a work must show a minimum level of creativity and originality. 

The work for which copyright has been obtained by the owner cannot be copied reproduced, published without the permission of the creator. Thus, the owner of the copyright has an exclusive right to assign the copyright of the work created wholly or partially to any person.

Crucial points related to Copyright Assignment  

  1. The ownership of the copyright may be transferred wholly or partially.
  2. While assigning the copyright to the third party the owner must specify the amount of copyright. The creator shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright, subject to certain conditions.
  3. In case the assignment of copyright will take place in future, then the assignment shall take effect only when the work comes into existence. In this regard, “assignee” includes the legal representatives of the assignee, if he dies before the work comes into existence.
  4. The assignment of copyright will be valid only when it is in writing and signed by the assignor or his authorized agent.
  5. The rights of the assignor in the copyright shall be diluted to the extent of the rights assigned to the third party.
  6. The assignment deed shall specify the territorial extent of such assignment. In case the assignment deed is silent, it shall be presumed to extend within India.
  7. The assignment shall further specify the assigned rights and the amount of royalty paid.
  8. The assignment agreement shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties.
  9. In case the assignee fails to exercise his rights within one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed, unless otherwise specified in the assignment deed. Further, if the period of assignment is not specified then it shall be deemed to be 5 years from the date of assignment.
  10. In case the assignment undertaken is in contrary to the terms and conditions of the rights already assigned to a copyright society to which the creator is a member, it shall be deemed void.
  11. In the case of a manuscript, the copyright is a personal property of the owner that can be transmitted by testamentary disposition.
  12. The equitable assignment is just the agreement to assign and not the assignment.
  13. After the assignment, the assignee will get the rights of- translation, abridgment, adaptation, dramatic and filmmaking in the work.
  14. To repeal the work the creator is required to give notice of the same in prescribed form to the Registrar of Copyrights or by way of public notice. As soon as the registrar will receive this notice he is required to publish it in the Official Gazette. Within 14 days of the publication, the Registrar shall post the notice on the official website of Copyright Office, so that such notice remains in the public domain for not less than three years. Such right shall cease to exist from the date of the notice.

The basic motive behind the introduction of copyright assignment is to give the benefits of ownership and distribution to the creator of the work. However, the copyright assignment cannot be used to deprive the original creator of his original creation.  

 

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