assignment of copyright copyright act

Assignment and Licensing of Copyrights under Copyrights Act

Intellectual Property Rights Subject-wise Law Notes
January 8, 2021

Introduction

IP is an intellectual work which is produced by intellectual human brain. For e.g. literary work, musical work, inventions, etc. it is an intangible property. It is described as property because it is capable of sale, purchase, mortgage, etc. the owner if IP has rights over his intangible property. No one can make use of IP without the consent of the owner. IP is made to protect their rights and the infringement.

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input [1] . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Economic rights allow an owner to reap economic benefits from his intellectual creations. According to section 14 of the Copyright Act, 1957, different rights are recognised with respect to the nature of the work. As per this section, it is the exclusive right of the owner to do or authorise the doing of the acts provided thereunder.

Today copyright includes a variety of industries like: the information industry and the entertainment industry and industrial design.

Assignment of Copyrights : Section 18 of Copyrights Act

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work. [2] However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence.

In Video Master v. Nishi Production [3] , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment: Section 18 of Copyrights Act

As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties.

If the period of assignment is not mentioned it will be deemed to be taken as five years from the date of assignment. If the territorial extent of such assignment is not stipulated, it will be taken as applicable in whole of India.

Also, Section 19(8) contemplates that the assignment of copyright work against the terms and conditions on which rights have been assigned to a particular copyright society where the author of the work is a member shall be void. Further, Section 19(9) and section 19(10) opine that the assignment of copyright for making cinematograph film or sound recording shall not affect the right of the author to claim an equal share of the royalties and consideration payable with respect to use of his protected work.

In Saregama India Ltd v. Suresh Jindal [4] , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license: : Section 18 of Copyrights Act

The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary.

The mode of license is like an assignment deed, with necessary adaptations and modifications in section 19 (section 30A). Therefore, like an assignment, a license deed in relation to a work should comprise of following particulars:

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive – The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Non-exclusive – It does not confer right of exclusion. It is mere grant of an authority to do a particular thing which otherwise would have constituted an infringement. When owner grants an exclusive right, he denudes himself of all rights and retains no claim on the economic rights so transferred.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory Licenses

Compulsory and statutory licenses can impact both the identity of the licensee who the owner chooses to deal with and the terms, including rates of royalty, that the owner may stipulate for such dealing. Viewed from this perspective, compulsory licenses are less of an infraction on owner autonomy, on both these counts. The owner does retain a fair bit of autonomy to enter into appropriate licensing arrangements with those who he may deem fit, and he is also permitted to negotiate on the terms of the license within the zone of reasonableness. Normally, it is an unreasonable refusal to deal with a person that gives rise to a compulsory license. This brings us to the third important distinction between a compulsory and statutory license. The former is always granted upon specific application by an individual to the competent authority. The latter, on the other hand, is a blanket fixation of rates of royalty by the authority and a grant of standardised licenses to all those who are interested in availing the same. The owner, as a necessary corollary, has no autonomy on the identity of those who obtain the license, or what they pay as royalty for the same.

Categories of Compulsory Licenses

There are five main categories of compulsory licenses currently operating in India.

These are:

1. Licenses in respect of works unreasonably withheld from the public;

2. Licenses in respect of orphan works;

3. Licenses in respect of works for the differently abled;

4. Licenses in respect of translations;

5. Licenses in respect of reproduction and sale of works unavailable in India.

Statutory Licenses

As seen from the above discussion of compulsory licenses, such licenses can be understood as a particularised expropriation of owner autonomy in respect of the copyrighted work. The need for such expropriation arises only upon acts or inaction on the part of the owner that render the work unavailable to the public or differently abled persons. Statutory licenses, on the other hand, do not require any examination into the conduct of the owner. It attempts a wholesale expropriation of owner autonomy, once the work fits within the broader class of works that can be so licensed.

There are two such categories of statutory licenses, namely cover version recording licenses (Section 31C) and broadcasting licenses (Section 31D).

The first has existed, though as part of the fair dealing exceptions in Section 52, from the very beginning. The second is a very recent addition to the Act vide the 2012 amendment.

The term ‘assignment’ and ‘license’ are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

An assignment may be general, i.e. without limitation or an assignment may be subject to limitations. It may be for the whole term of copyright or any part thereof. An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee. The assignee being invested with the title in the copyright may reassign [5] .

[1] This is known as the ‘Doctrine of Sweat of the Brow’, whereby a work is given copyright protection if the author has applied ‘labour, skill or judgment’ in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

[2] Section 18(2); Copyright Act, 1957.

[3] 23 IPLR 388 (1998).

[4] 2007 (34) PTC 522 (Cal).

[5] Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

Author Name: Muskaan Mathur [Student, Savitribai Phule, Pune University (SPPU)]

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Assignment of copyright

When you create intellectual property such as a book, poem, song, photograph, or painting, copyright laws give you the right to claim ownership of your creative work. Registering your copyright with the U.S. Copyright Office allows others to find out who owns the rights to your creation. As a copyright owner, you can also transfer, or assign, your copyright, as long as you follow the correct procedure.

Woman with short brown hair in art studio leans across desk with art supplies and camera on it to type on laptop

Copyright assignment permits a third party, known as the assignee, to take ownership of the copyright from the owner, or assignor. The assignment must be done in writing to be valid. Although notarization isn't required, it's a good idea to have someone witness the assignor and assignee signing and dating the agreement. Transfer of ownership usually involves monetary exchange, although that's not a requirement.

Registering a copyright with the U.S. Copyright Office isn't a requirement for valid ownership, even in cases of copyright assignment. However, registering provides a way for third parties to discern who owns the copyright. Because you don't have to file the transfer, a short-form assignment contract is sufficient for filing. This document usually contains only limited details of the work you're assigning, including the copyright number (if applicable), the signatures of both parties, the signature of a witness if desired, and the date of the assignment.

Just like in any other contract, a copyright assignment should contain certain information , such as the amount of consideration, or money, being exchanged. When assigning your copyright, the other party should provide some amount of consideration. Contracts usually include the language “for other good and valuable consideration," and courts have held that even one dollar is acceptable. As long as each party to the contract is getting something in return and the contract is not made under duress or pressure, the contract is valid.

Likewise, as the owner of the copyright, you have the right to assign all or part of it. If you assign your entire copyright to the other party, you are giving up all of your rights to your own copyright. In the case of a book, for example, assigning only part of your copyright could mean:

Assigning it to one party for use as a movie and to another for use as a television show
Assigning one party the original version and another party a translated version
Assigning rights to different types of books, such as an audiobook, a traditional print book, and an e-book
A partial assignment for a limited duration, if you specify such in your agreement

Copyright laws protect you in case your work of intellectual property becomes famous or is worth money later on. While you can't get your copyright back for many years after your assignment unless the new owner consents otherwise, current copyright law allows you to terminate your copyright assignment after 35 years.

For example, songwriters who assigned their copyright to what are now legendary songs from the 1960s or 1970s can now recover the copyright to their songs, many of which have increased in value due to their use in commercials and television shows. The writer of "YMCA," a member of the Village People, successfully recovered his copyright by invoking his termination rights after the 35-year period.

If you're a freelancer who creates a work such as a poetry collection, you own the copyright of the poetry book and can assign the copyright, if you wish. If, however, you're employed by someone to write poems, either as an employee or as an independent contractor under their direction, your creation is sometimes called a work for hire .

Creation of intellectual property under a work-for-hire contract means that you don't own the copyright. Instead, whoever hired you owns it, and unless that person gives you permission to purchase or own the copyright, you cannot transfer it to anyone else.

The more control a client has over how and when you're creating the intellectual property, the more likely you're regarded as an employee rather than an independent contractor. An employer-employee relationship generally assures that the employer owns the copyright. If, on the other hand, you're an independent contractor and have more creative control over your project than an employee would have, then you're the copyright owner.

Because intellectual property is an extremely specialized area of the law, it's recommended that you use a copyright attorney or similar intellectual property specialist to assist in any assignments. You can start protecting your creative interests by registering your copyright .

What is the concept of Assignment of Copyright?

In this blog post, Sayan Mukherjee, a student of University of Calcutta, who is currently pursuing a Diploma in Entrepreneurship Administration and Business Laws from NUJS , Kolkata, discusses the concept of assignment in copyright along with the most probable disputes related to it.

Introduction

Copyright, a unique intellectual property meant for the creative brothers and sisters around the world is res incorporalis. In that sense, it has no tangible existence but is a proprietary right and can be disposed of.

In modern life, every individual is aware of the concept of Copyright because of the expansion of media and communication throughout the world. Today’s world has no shortage of ideas, thoughts, modes of expression, and its distribution, which the world media has upheld through the gift of technology coupled with a wider scope of communication and share. This very thing has directed out attention towards the creative world, their rights and obligations, along with their grievances in the form of disputes faced by the creators.

The Copyright Act, 1957 as amended in 2012 is the current vehicle to settle and guide the creators towards betterment and give them some pecuniary opportunities so that they are further encouraged to bless the world with their creativity.

Assignment of Copyright

Nobody is entitled to copy, reproduce, publish or sell an original writing, painting, dramatic production, sculpture, etc. without the permission of the creator. Thus, law provides a right to the owner of the copyright (i.e. the creator) to transfer the ownership of the copyright to a third party. For instance, in the case of making a complete movie – all the creative persons with their idea turned into relevant works come to a producer, assign their rights that subsist in their work in return for a royalty. These works are then summed up to form a complete movie. Yes, the process isn’t that easy and involves many questions that arise both at the time of assignment and especially after it.

Facets of Copyright Assignment

It is a pecuniary opportunity for the first owner of copyright. The assignment must specify the amount of copyright [vide Section 19(3) of the Copyright Act]. 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. [vide Section 18(1) proviso of The Copyright Act, 1957 [1] ]
In the case of an assignment of copyright in any future work, it 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. [vide Section 18(1) proviso of the Copyright Act]
The ownership may be assigned either wholly or only for a part of the work in question. [vide Section 18(1) of the Act]
The Copyright Assignment must be in writing and signed by the assignor or by his duly authorized agent. [vide Section 19(1) of the Act]
The duration of assignment must also be specified. The Delhi High Court recognized Section 19(5) and stated that if the assignment deed is silent about the duration, it shall be deemed to be 5 years from the date of assignment [2] .
The agreement deed may specify the territorial extent of such assignment. If silent, it shall be presumed to extend within India. [vide Section 19(6) of the Act]
The assignment shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties. [vide Section 19(3) of the Act]
Where 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. [vide Section 19(4) of the Act]
If the assignment 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. [vide Section 19(8) of the Copyright Act [3] ]
The creator is entitled to subsequent royalties in the course of future exploitation of a cinematographic film, which includes his work, other than by way of exhibitions in a cinema hall. For example, the creator will be entitled to subsequent royalties for satellite right, home video, internet rights, the etc. Similar clause has been added for the case of sound recording. [vide Section 19(9) and 19(10) of the Copyright Act [4] ]
In the case of a manuscript, the copyright being a personal property of the owner can be transmitted by testamentary disposition. [vide Section 20 of the Act ]
The equitable assignment is just the agreement to assign.
The assignee has the rights of- translation, abridgment, adaptation, dramatic and filmmaking in the work.
For relinquishment of work, the author has to give notice in prescribed form to the Registrar of Copyrights or by way of public notice. On its receipt, Registrar shall publish it in the Official Gazette. With 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. [vide section 21 of the Copyright Act]

It may be noted in this context, that the author has an alternative for the shortcomings or confusions of assignment of copyright. They can register their work with a copyright society and thereafter license it to whomsoever they desire.

Moral Rights involved in Copyright Assignment

Moral rights are independent of the author’s copyright and shall remain with the author even if he has assigned his copyright.

The creator of work has the right to claim ownership thereof;
In case of any distortion, modification or mutilation of the original work, he shall have the right to claim damages;
If harm is being caused to the goodwill of the creator by commission or omission of any act by the assignee, he shall have the right to damages provided such an act is done before the expiration of the term of assignment.

Foreseeable disputes

The first dispute which may arise is that as regards the period of copyright assignment. The statute is very particular that an assignment has to be for a specified period even if there is an agreement in contrary [5] . [vide Section 19(2) of the Copyright Act]
Again, in a situation where assignee fails to exercise his rights assigned to him, and the assignor’s actions do not influence such failure, then, the statute empowers the Copyright Board, on receipt of a complaint from the assignor, to take cognizance of the case and make necessary inquiries as it may deem fit. It further gives a discretionary power to the Board where it can revoke such assignment. [vide Section 19A(1) of the Copyright Act]
In the case of a monetary dispute over a copyright assignment, the Copyright Board has the power on of a complaint from the aggrieved party, to hold an inquiry and pass necessary order including an order for the recovery of any royalty payable [vide Section 19A(2) of the Copyright Act]. Any such final order must be passed within a period of six months from the date of receipt of the complaint. Delay in compliance shall oblige the Board to record the reasons thereof. [vide Section 19A(3) of the Copyright Act [6] ]

The feasibility of Copyright Assignment is highly questioned because of the rising counts of Copyright Infringement cases. The sole objective of assignment process is to provide both pecuniary as well as distribution benefits to the original work of the creator. It cannot be used to deprive the original owner permanently from his creation.

Copyright Assignment is an inevitable necessity in this dynamic world. People can’t be self-sufficient in every respect. For the better frame of the Art, the ownership right of the creation needs to change hands and bring out the full potential of the original work by exploring various tiers of creativity.

[1] Inserted by Copyright (Amendment) Act, 2012.

[2] Pine Labs Private Limited vs. Gemalto Terminals India Private Limited and others (FAO 635 of 2009 and FAO 636 of 2009)

[3] Inserted by Copyright (Amendment) Act, 2012.

[4] Inserted by Copyright (Amendment) Act, 2012.

[5] Saregama India Ltd. V. Suresh Jindal AIR 2006 Cal. 340.

[6] Inserted by 2012 Amendment.

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Copyright Licensing and Assignment

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What Is Copyright Licensing?

Copyright licensing is the transfer of one or more of a copyright owner’s exclusive rights from the owner to another person or entity so they can make use of them. These rights include the rights to reproduce the work, create derivative works, distribute the work to the public, publicly display visual works, and digitally transmit sound records.

Most often, the transfer of a right or rights is done either with an assignment or a license. With a license, the copyright owner retains their ownership of any right that is transferred. An assignment, on the other hand, transfers all exclusive rights and is comparable to a sale. The original copyright owner basically sells their rights to another person or entity who then essentially owns them.

When an owner assigns their rights to another, they give up the right to control how the rights are used. This is the same as selling any item of personal property; the seller cannot control how the buyer uses the item once it has been sold.

Generally, a license is the preferred type of transaction, if the original copyright holder wants to continue exercising their interests and control over their work. For example, if a person assigns their copyright in a song to a music producer, the decision about whether to allow a film producer to use the song in a film belongs to the producer and not to the original copyright holder.

This result can be avoided if the copyright owner transfers an interest or interests in a song by way of a licensing agreement. Then, the copyright owner retains the ability to license an interest or interests in the song to another entity, e.g., a film producer.

The assignment of a copyright is a form of property, i.e., intellectual property, that can be used like any other item of property that has value. For example, it could be used as security for a loan, bequeathed to heirs, or simply transferred for a price or other consideration .

Once rights have been assigned to another person or entity, the original owner has permanently transferred their right to control the copyrighted work. The original owner would be committing copyright infringement if they were to try to make use of any of the rights that they assigned.

If an original owner were to regret an assignment that they made, they would be able to try to buy back their copyright from the assignee. Then, it would be the choice of the assignee whether to sell their interest or not.

Under federal copyright law, a transfer of ownership is only valid if there is something in writing, e.g., a written assignment agreement, note, or memorandum of transfer, signed by the owner of the copyright or their agent.

The law does not require recording of an assignment with the U.S. Copyright Office, but there are advantages to doing it. For example, it creates a public record of the exact details of the transfer and gives notice to members of the public. It can set the priority of rights if there have been conflicting transfers of ownership. It can validate the transfer of the copyright to one person or entity against another.

What Happens if I Transfer My Exclusive Rights to Another Person?

Can i license the same right to more than one person, how do i transfer my rights to another person, what is a copyright assignment, should i record the transfer of copyright ownership, are transfers permanent, do i need a lawyer to license my copyright.

If the owner of a copyright licenses one or more of their exclusive rights to only one other person or entity with no intention of granting the same right to any other person or entity, the person has granted them an exclusive license.

An exclusive license gives its owner the right to exclude all others, including the original copyright owner, from exercising the rights granted in the license. A copyright owner may choose to grant an exclusive license for several reasons, including:

Profiting from their copyright: The licensee may pay the copyright owner for the exclusive use of one or more of their rights;
Publicity: For example, the author of a book might authorize a movie studio to produce a movie based on the book in order to draw increased publicity to the author and the book. Of course, it could prove to be highly profitable as well.

A person can license the same right to more than one person as long as they make each and every licensee aware of the fact that they are not getting an exclusive license but rather a nonexclusive one. Presumably, a copyright owner could grant an exclusive license for a larger fee than a non-exclusive one.

If a copyright owner wants to transfer one or more of their rights to another person exclusively, they must put the transfer in writing and sign it. However, the creation of a nonexclusive license requires no written document. In fact, nonexclusive licenses can even be implied if the conduct of the parties indicates licensing.

As noted above, a copyright assignment can be described as a kind of exclusive license in which a copyright owner transfers all of his exclusive rights to another person. Like an exclusive license, a copyright assignment must be in writing.

Recordation of a copyright interest with the U.S. Copyright Office is not required to make it valid, but, again, it is a good idea, especially from the perspective of the person who acquires the interest. By recording the license or assignment, they can protect their rights in the event that the copyright owner licenses to someone else. If a person is the first to receive a license, promptly recording the license can protect them from losing their rights to a competing licensee in the future.

If a copyright owner has placed no time restrictions on a license, the transfer of rights is considered to be permanent for a period of 35 years. At that point, the original copyright owner has a 5-year window in which to exercise their right to terminate any licenses or assignments. If the original copyright owner chooses to end a license at this point, the licensee has to give up all the rights granted in the license.

Of course, a copyright owner can grant a license for a specified period of time. They would have to draft a licensing agreement, perhaps with the help of an intellectual property lawyer, that grants the exact rights the owner wants to grant for a desired period of time with any other conditions and restrictions that they want to place on the grant.

The licensing of a copyright can be complex. LegalMatch.com can connect you to an experienced copyright attorney who can draft a licensing agreement for your copyright that provides you with the interest you want and protects it from the claims of others.

Or, if you are involved in a dispute about an existing license, your lawyer can help you resolve it. A copyright attorney can draft an assignment agreement or other form of assignment as well.

Your lawyer can negotiate a resolution or represent you in court if that should become necessary.

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Assignment And Licensing Of Copyright

Contributor.

Introduction

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input 1 . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

The owner of copyright work can generate wealth not only by exploiting it himself but also by sharing it with others for mutual benefits. This can be done by way of assignment or licensing of copyright.

Assignment of Copyright (Section 18)

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work 2 . However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

In Video Master v. Nishi Production 3 , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment (Section 19)

In Saregama India Ltd v. Suresh Jindal 4 , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Disputes with Respect to Assignment of Copyright (Section 19a)

As per section 19(a) the Appellate Board may on the receipt of a complaint from the assignor and on holding such inquiry as it may deem necessary, revoke such assignment, if the assignee fails to make sufficient exercise of the rights assigned to him , and such failure is not attributable to any act or omission of the assignor.

In case of a dispute with respect to the assignment of copyright, the Appellate Board may pass a suitable order on receiving a complaint from the aggrieved party and after holding such inquiry as it considers necessary including an order for the recovery of any royalty payable.

Assignment by Operation of Law (Section 20)

When the owner of a copyright dies the copyright will pass on to his personal representative as part of the estate, provided that no will has been executed. Section 20 provides that if a person is entitled for copyright under bequest and such work has not been published before the death of the testator, unless contrary intention is shown under testators will or any codicil thereto, such person shall be considered as having copyright in the work so far as testator was the owner of copyright immediately before his death.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license (Section 30)

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive - The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory License

Being a member of Berne Convention, India has incorporated the provision of compulsory license in the Copyright Act, 1957. The Act provides for grant of compulsory license for Indian work in the public interest, in certain circumstances:

Works Withheld from Public

The Indian Copyright Act provides for the grant of compulsory licences in work which has been published or performed in public. It empowers the Appellate Board to direct the Registrar to grant license, if a complaint is made to it in writing under the Act, during the subsistence of copyright stating the necessary facts which are conditions precedent to its exercise of power, provided the owner has been approached in the first instance for the grant of license and it is only if he has refused to publish or allow the republication of the work and by the reason of such refusal the work is withheld from the public. In case where two or more persons have made a complaint, the licence shall be granted to the complainant who in the opinion of the Copyright Board would serve the interest of the general public. In Super Cassette Industries Ltd v. Entertainment Network (India) Ltd, Mumbai 5 the respondents who were running a radio FM channel under the brand name Radio Mirchi, made several attempts to obtain a license from Super Cassette Industries ltd (SCIL) to play its sound recordings but failed to get it. The Copyright Board ultimately issued them a compulsory license against which an appeal has been filed in the Delhi High Court. After contemplating over section 31, Court observed that in case compulsory license had to be granted to all, then there was no need of any enquiry as envisaged by section 31. The court also opined that once the copyright was in public, refusal has to be made on reasonable and valid ground. While making an order under section 31, the Board had to maintain a delicate balance between the private rights and the copyright vis-a vis- public interest. The case was sent back to the Copyright Board for fresh consideration.

Compulsory License in Unpublished or Published Work (Section 31-A)

According to this section, where the author is dead or unknown or cannot be traced , or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or translation thereof in any language.

Before making such an application, the applicant should publish his proposal in one issue of a daily newspaper in that language. The application to the copyright board should be in the prescribed form and accompanied by the prescribed fee and with the copy of advertisement issued.

The Copyright Board after making the certain prescribed enquires direct the Registrar of Copyright to grant license to the applicant to publish the work or its translation subject to the payment of royalty and other conditions.

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Any person working for the benefit of persons with disability on a profit basis or for business may apply in prescribed manner to the Appellate Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons. However, where a compulsory licence has been issued, the Appellate Board may on a further application and after giving reasonable opportunity to the owners of the rights, extend the period of compulsory licence and allow the issue of more copies as it deems fit. 6

Statutory License for Cover Versions (Section 31-C)

Cover means a sound recording made in accordance with section 31C. Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so.

The person making the cover version is required to give prior notice to the owner of the copyright in such works and to the Registrar of Copyright at least 15 days in advance of making the cover version. Advance copies of all covers with which the sound recording is to be sold to be provided or royalties to be paid in advance. One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush Aggarwal 7 , stated that sound recording included a subsequent original sound recording made from the musical and literary work and which was called a version recording i.e. a sound recording made after a first sound recording was made by use of the musical work and literary work.

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

Any broadcasting organization, desirous of communicating published work to the public by way of broadcast (by way of television broadcast or radio) or a performance of any published musical/ lyrical work and sound recording, can do so by giving prior notice of this intention to the owners. The notice must specify the duration and territorial coverage of the broadcast. Corresponding royalties are required to be paid to the owner of copyrighted work. Rates of television broadcasting are different from the rate fixed with respect to radio broadcasting. At the time of fixing the rate of royalty the Copyright Board may ask the broadcasting organisation to deposit some amount of money in advance to the owner.

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

Section 32 of the Copyright Act provides that after expiry of a period of seven years from the first publication of a literary or dramatic work, any person may apply to the Copyright Board for a license to produce and publish a translation of work. Where the work is not Indian work, any person may apply to the Board for a license to produce and publish a translation in printed or analogous form of reproduction of a literary or dramatic work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purpose of teaching, scholarship or research. But where translation is in a language not in general use in any developed country, such application may be made after the period of one year from such publication.

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

According to this section, any person may apply to the Copyright Board for a license to reproduce and publish any literary, scientific or artistic work after the expiration of the relevant period from the date of first publication of an edition of such work, if the copies of such edition are not made available in India , or such copies have not been put on sale in India for a period of six months to the general public or in connection with systematically instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf.

The period prescribed are:

Seven years for work related to fiction, poetry, drama, music or art
Three years for works related to natural science, physical science mathematics or technology
Five years for any other work

The term 'assignment' and 'license' are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

1 This is known as the 'Doctrine of Sweat of the Brow', whereby a work is given copyright protection if the author has applied 'labour, skill or judgment' in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

2 Section 18(2)

3 23 IPLR 388 (1998)

4 2007 (34) PTC 522 (Cal )

5 (2004) 29 PTC 8 (DEL)

6 Indian Copyright Act, 1957, Sec- 32 (B)

7 2014 (58) PTC 169 (Del)

8 Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Intellectual Property

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Published By Stanford Copyright and Fair Use Center

Chapter 2. copyright ownership and transfer.

201. Ownership of copyright
202. Ownership of copyright as distinct from ownership of material object
203. Termination of transfers and licenses granted by the author
204. Execution of transfers of copyright ownership
205. Recordation of transfers and other documents

§ 201. Ownership of copyright 1

(a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowner of copyright in the work.

(b) Works Made for Hire. — In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

(c) Contributions to Collective Works. — Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.

(d) Transfer of Ownership. —

(1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

(2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title.

(e) Involuntary Transfer. — When an individual author’s ownership of a copyright, or of any of the exclusive rights under a copyright, has not previously been transferred voluntarily by that individual author, no action by any governmental body or other official or organization purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effect under this title, except as provided under title 11. 2

§ 202. Ownership of copyright as distinct from ownership of material object

Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.

§ 203. Termination of transfers and licenses granted by the author 3

(a) Conditions for Termination. — In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:

(1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s interest.

(2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:

(A) The widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.

(B) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them.

(C) The rights of the author’s children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author’s children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them.

(D) In the event that the author’s widow or widower, children, and grandchildren are not living, the author’s executor, administrator, personal representative, or trustee shall own the author’s entire termination interest.

(3) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.

(4) The termination shall be effected by serving an advance notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or the grantee’s successor in title.

(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified by clause (3) of this subsection, and the notice shall be served not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect.

(B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.

(5) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.

(b) Effect of Termination. — Upon the effective date of termination, all rights under this title that were covered by the terminated grants revert to the author, authors, and other persons owning termination interests under clauses (1) and (2) of subsection (a), including those owners who did not join in signing the notice of termination under clause (4) of subsection (a), but with the following limitations:

(1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.

(2) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (4) of subsection (a). The rights vest in the author, authors, and other persons named in, and in the proportionate shares provided by, clauses (1) and (2) of subsection (a).

(3) Subject to the provisions of clause (4) of this subsection, a further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under clause (2) of this subsection, as are required to terminate the grant under clauses (1) and (2) of subsection (a). Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under clause (2) of this subsection, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him or her, that person’s legal representatives, legatees, or heirs at law represent him or her for purposes of this clause.

(4) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons provided by clause (3) of this subsection and the original grantee or such grantee’s successor in title, after the notice of termination has been served as provided by clause (4) of subsection (a).

(5) Termination of a grant under this section affects only those rights covered by the grants that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.

(6) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided by this title.

§ 204. Execution of transfers of copyright ownership

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.

(b) A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if —

(1) in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or

(2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer.

§ 205. Recordation of transfers and other documents 4

(a) Conditions for Recordation. — Any transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document.

(b) Certificate of Recordation. — The Register of Copyrights shall, upon receipt of a document as provided by subsection (a) and of the fee provided by section 708, record the document and return it with a certificate of recordation.

(c) Recordation as Constructive Notice. — Recordation of a document in the Copyright Office gives all persons constructive notice of the facts stated in the recorded document, but only if —

(1) the document, or material attached to it, specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under the title or registration number of the work; and

(2) registration has been made for the work.

(d) Priority between Conflicting Transfers. — As between two conflicting transfers, the one executed first prevails if it is recorded, in the manner required to give constructive notice under subsection (c), within one month after its execution in the United States or within two months after its execution outside the United States, or at any time before recordation in such manner of the later transfer. Otherwise the later transfer prevails if recorded first in such manner, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.

(e) Priority between Conflicting Transfer of Ownership and Nonexclusive License. — A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner’s duly authorized agent, and if

(1) the license was taken before execution of the transfer; or

(2) the license was taken in good faith before recordation of the transfer and without notice of it.

Chapter 2 Endnotes

1 In 1978, section 201(e) was amended by deleting the period at the end and adding “, except as provided under title 11.”

2 Title 11 of the United States Code is entitled “Bankruptcy.”

3 In 1998, the Sonny Bono Copyright Term Extension Act amended section 203 by deleting “by his widow or her widower and his or her grandchildren” from the first sentence in paragraph (2) of subsection (a) and by adding subparagraph (D) to paragraph (2). Pub. L. No. 105-298, 112 Stat. 2827, 2829.

4 The Berne Convention Implementation Act of 1988 amended section 205 by deleting subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. Pub. L. No. 100-568, 102 Stat. 2853, 2857.

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Twinkle Madaan

Assignment And Licensing Of Copyrights

Coverage of this Article

Key takeaways.

-The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.

Introduction

-Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution.

Assignment of Copyrights (Section 18)

-The owner of a work's copyright has the ability to assign his copyright to anyone else.

Mode of Assignment (Section 19)

-According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative.

Disputes with Respect to Assignment of Copyright (Section 19a)

-According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

Assignment by Operation of Law (Section 20)

-If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate.

Licensing of Copyright

-The owner of a copyright may give a license to perform any of the acts over which he has sole authority.

Section 18 of the Copyrights Act defines a: Voluntary Licence

-The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.

Compulsory license

-Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish.

Statutory license

-Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior

-The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment.

The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.
If the assignment period is not specified, it will be assumed to be five years from the date of assignment.
In the event of a dispute over the assignment of copyright, the Appellate Board may issue a proper order after receiving a complaint from the aggrieved party and conducting any investigation it deems necessary, including an order for the recovery of any royalties due.
The owner of the copyright may also give a license to perform any of the acts over which he has sole authority.

Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution. The purpose of copyright has always been to safeguard a creator's interests while also disseminating knowledge. Though this protection began with the acknowledgment of authors' rights in their writings, contemporary technology has fundamentally altered the nature of work and the means by which it is exploited. An owner's economic rights allow him to profit financially from his intellectual contributions.

Different rights are recognized depending on the nature of the work, according to Section 14 of the Copyright Act of 1957. According to this provision, the owner has the exclusive authority to perform or authorize the performance of the activities listed.

The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. The mere grant of the right to publish and sell the copyrighted work, on the other hand, is a grant of publishing rights rather than a copyright assignment.
When an assignee of copyright becomes entitled to any of the copyright's rights, he is treated as the copyright's owner in respect of those rights. In the case of unassigned rights, the assignor is also considered the copyright owner. If the assignee dies before the task is completed, the legal representatives of the assignee are entitled to the assignment benefits.
In Video Master v. Nishi Production, the Bombay High Court reviewed whether a video rights assignment would include the right to broadcast through satellite as well. The Court agreed with the defendant's assertions that there were various channels of public communication, including terrestrial television transmission (Doordarshan), satellite broadcasting, and video television. In all of those modalities, the film's owner owned distinct copyright, which he might assign to multiple people.
As a result, the satellite broadcast copyright of a film was a separate right of the film's owner, and the plaintiff's video copyright did not include it.
According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative. The assignment of a copyright in a work should identify the work and specify the type of rights given, as well as the assignment's duration and territorial scope. It should also include the amount of royalty payable, if any, to the author or his legal heirs during the time of the assignment, as well as the fact that the assignment may be revised, extended, or terminated on mutually agreed-upon terms.
If the assignment period is not specified, it will be assumed to be five years from the date of assignment. If the territorial scope of the assignment is not specified, it will be interpreted to apply to the entire country of India.
Section 19(8) also states that copyright work assigned in violation of the terms and conditions under which rights have been assigned to a particular copyright organization where the author of the work is a member is void.
In addition, Sections 19(9) and 19(10) state that the assignment of copyright for the purpose of making a cinematograph film or sound recording does not affect the author's entitlement to an equal part of the royalties and consideration due for the use of his protected work.
It was held in Saregama India Ltd v. Suresh Jindal that the owner of the copyright in a future work may assign the copyright to any person for the whole or part of the copyright and that once the assignment is made, the assignee is treated as the owner of the copyright for the purposes of this Act.
According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate. Section 20 states that if a person is entitled to copyright under bequest and the work has not been published before the testator's death unless the testator's will or any codicil thereto expressly states otherwise, such person is considered to have copyright in the work to the extent that the testator was the owner of copyright immediately before his death.

The owner of a copyright may give a license to perform any of the acts over which he has sole authority. The following are the different types of licenses:

The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.
The owner of the copyright in a work may give any interest in his copyright to any person by license in writing, which must be signed by him or his duly authorized representative, according to Section 30 of the Copyright Act 1957.
A license can be issued not only for existing work but also for future work; in this case, the assignment will take effect when the future work is completed. If there is no stipulation to the contrary, a licensee of the copyright in a future work who dies before that work comes into existence will be entitled to the benefit of the license.
The license mode is similar to an assignment deed, with section 19 providing the appropriate changes and alterations (section 30A). As a result, just like an assignment, a licensing deed for a work should include the following information:
Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination
Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish. Compulsory licenses, when viewed in this light, are less of a violation of owner sovereignty on both grounds.
The owner does maintain some liberty in terms of entering into proper licensing agreements with those he sees fit, and he is also allowed to negotiate the terms of the license within reason.
A compulsory license is usually triggered by an unjustified refusal to deal with a person.
This takes us to the third key difference between a mandatory and statutory license. The former is always granted after an individual makes a specific request to the appropriate authority.
The latter, on the other hand, is the authority's broad setting of royalty rates and the issuance of standardized licenses to all those who wish to use them. As a necessary corollary, the owner has no control over the identities of persons who receive the license or the amount of royalties they pay.
Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior. Once the work fits into the broader class of works that can be licensed in this way, it tries a wholesale expropriation of owner autonomy.
Cover version recording licenses (Section 31C) and broadcasting licenses are the two types of statutory licenses (Section 31D).
The first has existed since the beginning, however as part of the fair dealing exceptions in Section 52. The second is a relatively new addition to the Act, as it was amended in 2012.

The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment. In general, unless otherwise stated, the assignee becomes the owner of the assigned work, but in the event of a license, the licensee merely receives the right to exercise specific rights.

An assignment might be broad, i.e. without restrictions, or specific, i.e. with restrictions. It could be for the entire copyright term or just a portion of it. As stipulated by Section 14 of the Act, an assignment transfers an interest in and deals with copyright, whereas a license does not convey the copyright but merely offers permission to do something that would be illegal otherwise. An assignment grants copyright ownership, but a license just allows the licensee to do specified things. The assignee who has been given the copyright title may reassign it.

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TERM OF COPYRIGHT AND ASSIGNMENT- LICENSING (SEC 18-31)

Published by admin on august 25, 2023 august 25, 2023.

This article is written by Smriti Jha of Lloyd Law College, Greater Noida, an under Legal Vidhiya

Copyright is a legal privilege provided to intellectual property owners. It is the right to copy, as the phrase implies. Thus, copyright means that when someone makes a thing, they possess the right to it. As a result, only that person or anybody they authorize has the exclusive right to replicate that work.

The owner of copyrighted material makes a profit not just by exploiting it but also by sharing it with others for mutual gain. The assignment or licensing of copyright can accomplish this.

In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

Keywords: Copyright, Right, Authorize, Assignment, Licensing.

Introduction

Copyright is an intellectual property right granted by the law to the creator of literary, theatrical, musical, and creative work, as well as the maker of cinematograph films and sound recordings. It also applies to architectural works and computer software/programs. It can be viewed as a collection of rights that include the right to reproduce, communicate, adapt, and translate the work. Copyright protects writers’ rights to their creations and, as a result, tries to encourage creativity.

Copyright license and copyright assignment are two distinct concepts that should not be used together. In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

A copyright assignment occurs when the owner of a copyright transfers ownership to another person or organization. [1]

Termination:

Creator has the right to claim damages when the goodwill of the owner/creator is harmed by the omission of any act done by the assignee.
If both parties agree to cancel the assignment.
If the assignee does not exercise the rights assigned to him within one year of the date of the assignment, it shall be presumed to have lapsed unless otherwise specified. [2]

Difference Between Copyright Assignment and Licensing

Copyright license and assignment of copyright are two distinct phrases that should not be used interchangeably Each one is distinct in its own way. A license authorizes conduct; without it, the authorization would be considered an infringement. Licensing typically entails authorizing a subset of numerous rights. It may be exclusive or non-exclusive. In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

A license does not give the licensee any rights against a third party or the licensor, while an exclusive licensee has significant rights against the licensor, including the right to sue the licensor.

A licensee has the freedom to make changes as long as his license does not restrict that ability. If the royalties are not paid, the licensor has the right to withdraw the license. It is not possible to do the same with the assignment. However, if there is anything unpleasant that can harm the author, it may result in revocation if a complaint is filed with the copyright board.

Unlike a copyright assignment, a copyright license must be in writing. It can be either spoken or inferred after taking into account all of the facts and circumstances surrounding the transaction between the owner of the copyright and the licensee

If an owner of a copyrighted work considers assigning the copyright, he should consider licensing it rather than transferring it. It would aid in keeping ownership and hence licensing only provides specific rights to another party.

In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person.

Assignment of Copyright

No one is qualified to duplicate, recreate, distribute, or offer a unique composition, painting, emotional generation, form, and so forth without the consent of the maker. As a result, the law grants the maker (creator) of the copyright the power to transfer ownership of the copyright to a third party. [3]

A license authorizes conduct; without it, the authorization would be considered an infringement. Licensing typically entails authorizing a subset of numerous rights

As a result, the law gives the maker (creator) of the copyright the authority to transfer ownership to a third party.

They are mentioned below:

The time period of the license
The rights that have been licensed
The geographical limit or extent of the license
The amount of royalties that will be paid as compensation.
Clauses & Conditions pertaining to termination, modification & extension. [4]

Assignment of copyright

Assignment of Copyright The owner of a copyright to an existing work or a future work may assign his copyright to anyone. The assignee who gets the assignment from the owner has the same rights to the copyright as the owner. The owner may put general or partial limitations on the assignee in order to enjoy shared benefits in the copyrights. However, selling a copyrighted work and surrendering the right to publish it does not constitute an assignment of copyright; rather, it is merely a publishing right.

There will be no assignments where the work did not exist at the time of copyright assignment. In the case of a future assignment of copyright, it will take effect when the work is created. When the assignee acquires the copyrights, he is treated as the copyright owner. In the event of the assignee’s death, the legal representative is entitled to the advantages of the assignment of copyright.

Mode of assignment

Section 19 of the legislation allows for the assignment of copyright under the following conditions:

Copyright for any work can be assigned to an assignee in writing and formally signed by the assignor or his agent.
The copyright assignment must identify the rights assigned as well as the duration and territorial scope of the assignment.
The copyright assignment can be changed, extended, or cancelled on mutually agreed-upon terms. The assignment must include a significant payment amount paid to the author or his legal heirs during the copyright assignment.
If the assignee does not utilize his copyright assignment rights within one year of the date of the assignment, such rights are assumed to have lapsed.
If not clearly stated, copyright assignment will endure up to five years.
If not particularly stated, the assignment of copyright shall cover the entire country of India.
Any work that violates the rules and circumstances of the assignment of copyright in the field in which the author works is void.

Section 19A

Disputes Regarding Copyright Assignment

The Appellate Board will conduct an inquiry on behalf of the party if it receives a complaint under section 19(A) of the act. If the other party fails to comply with the terms and conditions stated at the time of assignment, the Appellate Board may:

Recall the assignment.

Recovering any owed royalties

Note: The Appellate Board must issue final orders within six months of receiving the complaint. In the event of a delay, the Appellate Board shall record the grounds for the same. (According to Section 19A (3) of the Copyright Act of 1957).

Section 20 states that if a person is entitled to copyright under bequest and such work has not been published before the testator’s death, unless a contrary intention is shown in the testator’s will or any codicil thereto, such person is considered to have copyright in the work to the extent that the testator was the owner of copyright immediately before his death.

Right of author to relinquish copyright

Section 21 of the Act gives the owner of a work the option to give up all or any of the rights in the work. As the term implies, relinquishment refers to the author’s surrender or abandonment of the rights in the copyrighted work. This usually signifies that the author’s rights have been surrendered or abandoned, and he or she can no longer claim ownership of the work. The author can choose which rights they want to relinquish.

Section 22

Term copyright in published literary, dramatic, musical, and artistic works

There are certain restrictions that must be met in order to obtain protection under the Copyright Act of 1957. These restrictions can be broadly grouped into three categories: a limited period of copyright permissible uses, non-voluntary licensing (statutory license), and statutory licenses. The duration or term of the copyright is discussed further below.

Chapter V of the Indian Copyright Act of 1957 specifies the duration of copyright protection. Section 22 of the Act provides that the term of copyright in published literary, dramatic, musical, and artistic works must survive, if published during the author’s lifetime, until sixty years after the author’s death, commencing with the first day of the calendar year following his or her death. In this section, the reference to the author shall be construed as a reference to the author who dies last in the case of a work of joint authorship. The Amendment of 1992 expanded this duration from fifty to sixty years.

In the case of a cinematograph film, sound recording, photograph, posthumous publications, or anonymous organizations, the sixty-year period begins on the date of publication.

If the work is published anonymously, that is, when the author of the work is unknown. According to Section 23 of the Copyright Act of 1957, the copyright term of an anonymous publication is also sixty years, computed from the beginning of the calendar following the year the work was originally published. The part also allows for the author’s identity to be revealed. In its proviso, it is stated that if the identity of the author is revealed before the expiration of the abovementioned term, the copyright exists for a period of sixty years, calculated from the start of the calendar year following the year in which the work is first published.

Term of Copyright in Posthumous Work

It is the publication of a work after the author’s death. The term of copyright protection for a posthumous publication is sixty years, and unlike in other jurisdictions, this time is computed from the date of publication.

Term of copyright for photographs

The Indian Copyright Act grants copyright in photographs for a term of 60 years from the beginning of the calendar year succeeding the year in which the photograph is published. However, the 2012 amendment deleted this section.

Term of Copyright in Cinematograph Films

Cinematograph Films has a copyright that lasts for sixty years from the start of the calendar year following the year in which the film is published.

Term of copyright in sound recording

Sound recording copyright is valid for sixty years from the beginning of the calendar year following the year in which the sound recording is published.

Term of Copyright Government works

In the event of a Government production, when the Government is the first owner of the copyright, the copyright lasts for sixty years from the start of the calendar year following the year in which the work was first published.

Section 28A

The copyright term in which a public undertaking is the first proprietor. When a public undertaking is the first owner of the copyright in a work, the copyright lasts for sixty years from the beginning of the calendar year following the year in which the work is first published.

In the case of an international organization’s work to which the requirements of section 41 apply, copyright lasts for sixty years from the start of the calendar year succeeding the year in which the work is first published.

Licenses by owners of copyright

The owner of the copyright in an existing work or in future works may give any interest in the copyright through a license. The license can be issued in writing by the owner and signed by him or an approved agent. A copyright license for any future work shall take effect only when the work is created. In the absence of any provision, the legal representative is entitled to the advantages of the license.

Application of Section 30(A)

The provisions that were applicable in section 19 in connection to the assignment of copyright, with relevant adaptations and amendments, will be applied in the event of the license granted by the owner.

Compulsory license in works withheld from public

Section 31 of the Indian Copyright Act allows a complaint to be filed with the Copyright Board, the jurisdiction of which has now been transferred to the Intellectual Property Appellate Board when such rejection has resulted in the work being withheld from the public.

Section 31A

Section 31A deals with a compulsory license in unpublished or published works.

Section 31B

Section 31B deals with compulsory licenses for the benefit of the disabled.

Section 31C

Section 31C deals with statutory licenses for cover versions.

Section 31D

Section 31D deals with statutory licenses for the broadcasting of literary and musical works and sound recordings.

Advantages of Licensing

It has the potential to improve marketing.
It aids in increasing income while lowering production costs.
It aids in the commercial expansion of a company. The licensing process makes it considerably easier to introduce work into other markets.
Investments are relatively cheap, but there are payments in the form of royalties in return.
Flexible in nature, as the parties have the right to make changes according to the circumstances.

Advantages of Assignment

It contributes to increased financial advantage because the owner of the work can assign his whole ownership to a third party for a lump sum payment.
It aids in risk mitigation and cost reduction.
The assignment clarifies ownership in the event that many parties claim ownership.

Copyright protects and promotes creativity by providing some basic safeguards for writers’ rights to their works. The Copyright Act of 1957 governs the assignment and licensing of copyright in India, with distinct sections governing each procedure. Licensing is the temporary transfer of some exclusive rights to a licensee. The assignment, on the other hand, entails the permanent transfer of all or some of the exclusive rights to an assignee. Copyright holders should also meticulously document the specifics of the agreement, including any payment conditions, royalties, and performance dates.

https://www.legalserviceindia.com/legal/article-142-copyright-ownership-and-assignment-of-rights. Last seen on 19/08/2023
https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023
https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing- Last seen on 21/08/2023

[1] https://www.legalserviceindia.com/legal/article-142-copyright-ownership-and-assignment-of-rights . Last seen on 19/08/2023

[2] https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023

[3] https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023

[4] https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing- Last seen on 21/08/2023

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Assignment of Copyright – Explained With Modes and Disputes

Original work may not be reproduced, distributed, or sold by anybody other than the copyright owner without that owner’s consent. As a result, the law allows the copyright owner to assign ownership to a third party.

The term “copyright assignment” describes the transfer of ownership or rights in a work that has been granted copyright from the original copyright holder (the “ assignor “) to a different party (the “ assignee “). Through a legal procedure, the assignor gives up their ownership of the work and gives the assignee the only authority to reproduce, distribute, display, perform, or alter it.

This article discusses the concept of copyright assignment, which involves the transfer of ownership or rights in a copyrighted work from the original copyright holder (assignor) to another party (assignee). The article also explains the various aspects of copyright assignment, including its mode of assignment and disputes with respect to the assignment of copyright.

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

The owner of the current work or the potential owner of the future work may assign the copyright. It may be fully or partially allocated. Limitations may apply to all or a portion of the copyright.

Additionally, if future work is assigned, the assignment will become effective when the new work is created. In future works, “assignee” includes the assignee’s legal representative if they die before the work is created.

The court ruled in Saregama India Ltd. vs Suresh Jindal And Ors. that the copyright owner to a future work has the right to assign the copyright, in whole or in part, to a third party. This indicates that the owner may assign the copyright ownership for the entire term or only a portion.

The assignee is regarded as the legal owner of the copyright after the assignment is made, and the Copyright Act recognises all associated rights and benefits. As mentioned above, the ruling affirms that copyright ownership can be transferred by assignment, enabling people or organisations to obtain and exercise control over the rights connected to the copyrighted work.

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

Every assignment of the copyright to a work must be made in writing and be signed by the assignor or an authorised representative. Only that assignment will be accepted. Any assigned work must include all relevant information, including the assignment, length, rights, and geographic scope.

The amount of any royalties or other payments made to the author or his legal heirs during the assignment should also be specified. Any revisions, extensions, or terminations of the assignment are subject to the mutually agreed-upon terms and circumstances.

Let’s say the assignee fails to utilise the right granted during the assignment within a year of receiving it. If such a thing occurs, the assignment of those rights will be presumed to have terminated unless otherwise specified in the assignment. When the assignment time and geographical scope are not specified, they will be assumed to be five years from the date of the assignment and inside India, respectively.

The Bombay High Court considered whether the assignment of video rights included the right of satellite transmission in the case of Video Master vs Nishi Production . The court accepted the defendant’s claim that several public communication channels, such as satellite broadcasting, video TV, and terrestrial television broadcasting, each constituted a distinct copyright.

As a result, the film’s owner may transfer these rights to other people or companies. The court concluded that the video copyright granted to the plaintiff was separate from the copyright for the satellite transmission of the movie. Consequently, the satellite broadcast right was not part of the assignment.

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

After receiving a complaint from the assignor and completing an investigation, the appellate board has the authority to revoke the assignment or issue any orders it sees suitable when the assignee fails to execute the powers granted to him if such failure is not a result of any action or inaction on the part of the assignor.

If the assignor is also the author, the appellate board should hold off on issuing any revocation unless it is established that the terms of the assignment are harsh to the assignor. Additionally, no revocation may be made for five years if an assignment has been made.

The appellate board should handle copyright assignment complaints promptly and with diligence. They have a time limit of six months from the date of receiving the complaint to reach a final decision. If, for any reason, there is a delay beyond this period, the appellate board must explain the reasons for the delay. The goal is to ensure that copyright disputes are resolved promptly and transparently.

In this evolving world, copyright assignment is an unavoidable need. People are not always able to rely on themselves. The ownership of the work must be transferred to properly frame the art and realise the original piece’s full creative potential.

Furthermore, copyright assignment aids in the seamless development of the creative process when several creative minds collaborate or when a work is adapted across various media. It allows for fresh viewpoints, interpretations, and variations that could improve the original work or investigate other creative paths.

Read Next: Doctrine of Merger Under Copyright Law

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Law Study Material

17 U.S. Code § 204 - Execution of transfers of copyright ownership

Section 204 is a somewhat broadened and liberalized counterpart of sections 28 and 29 of the present statute [sections 28 and 29 of former title 17]. Under subsection (a), a transfer of copyright ownership (other than one brought about by operation of law) is valid only if there exists an instrument of conveyance, or alternatively a “note or memorandum of the transfer,” which is in writing and signed by the copyright owner “or such owner’s duly authorized agent.” Subsection (b) makes clear that a notarial or consular acknowledgment is not essential to the validity of any transfer, whether executed in the United States or abroad. However, the subsection would liberalize the conditions under which certificates of acknowledgment of documents executed abroad are to be accorded prima facie weight, and would give the same weight to domestic acknowledgments under appropriate circumstances.

Faculty & Staff

Managing Rights

Consolidation of Rights | Assignment | Licensing | Enforcement

Copyright is a valuable intellectual property which requires managing that copyright asset over time. Managing copyright means:

Controlling how a work is used by others
Granting permissions and licenses
Responsibilities for the life of the copyright

The creation of new copyrighted works in the University raises complex copyright questions with respect to ownership of the new materials. It can be a daunting task to sort out authors from other contributors, establishing whether works are works made for hire or independent efforts, and considering whether a work is a joint work, a compilation, a derivative work, or it uses pre-existing content.

Without agreements to consolidate or transfer rights, copyright law will determine copyright ownership. Copyright owners, whether individual authors or University of Washington, may find they have insufficient rights to make it possible to share, publish, and disseminate the work as they desire.

Once rights are established, rights are transferred only by an agreement and are generally enforced through litigation.

Consolidation of Rights

When you are preparing a work with many copyright elements and many contributors, you need to consolidate the rights with the entity that is going to publish or disseminate the work. Consolidation of rights:

Clarifies ownership
Ensures publication
Identifies party responsible for work

Benefits of consolidation

Having your rights consolidated shows potential publishers or distributors that the project managers can manage risk and are prepared for the product’s future.

When there is clarity regarding the copyright rights for each project, it is easier to stop others from producing content which is too similar, easier to create relationships with those interested in the project, and easier to control the product’s quality.

Without identifying ownership of particular elements, it is difficult to ensure the project can be released.

How to consolidate rights

The consolidation of rights is accomplished through either an assignment of copyright, which transfers ownership of the work to another, or through a license, which grants permission to use a work in a certain way. Both assignments and licenses are part of creating works within a university setting.

Creators may be asked to assign rights in scholarly work to a publisher so that the work may be published. Alternately, creators may be asked to grant a license to the University to use work you own in a project.

Consolidation and UW copyright

You may be asked to transfer your copyright to the University if, as defined under UW Copyright Policy, you used University staff, resources or funding, or the University has obligations to provide such materials as required elements under a grant, contract, or other award.

Creators and consolidation

If it is determined that rights should be consolidated with the University, the creator of the work retains a say in how the work is used, credit for having prepared the work, and in most cases, a share of any royalties that may be generated if the work is commercialized.

When you are working on this type of project, you may be asked to sign a participation agreement that will clarify your rights and responsibilities on a particular project.

An assignment is a transfer of the ownership of the copyright.

Assignment of copyright transfers ownership to another person or entity. Assignment may also prevent you from using that work, even if you were the original author.

A way to visualize assignment of copyright is to analogize the process to that of selling your house. You may have built the home and lived in the home for a period of time and had all the rights to permit or exclude visitors to your home, but once the home is sold you know longer have the rights of ownership of that particular home.

The impact of assignment of a copyright work is that you no longer own it and therefore cannot freely use it. If you assign the rights in your work to a publisher, you give up any ownership interests you have in the work.

By assigning the copyright, if you want to include a significant part of the work in a course pack for one of your courses, or in a later publication, you will need to get permission from the publisher. This may mean you will possibly have to pay royalties to use what you authored. Since a copyright lasts for at least 70 years, even if your book goes out of print, you cannot reproduce it without permission.

Be cautious in assigning copyright to publishers and external entities. Make sure that you will be able to accomplish what you want in the future with the work you created.

Licensing is a business arrangement in which one party authorizes another party use of intellectual property and the terms that use might entail.

Licensing of intellectual property allows:

Publication

A license is a grant of permission to use a work in a manner that would otherwise infringe a copyright if the permission were not given. Licenses are used by copyright owners to allow others to copy, distribute, adapt, perform or display a copyright work.

How you license a work usually depends on what you are trying to achieve. Licenses can be very broad and grant a number of rights, or they can grant limited rights for limited times. For example, you could grant a publisher the right to use your work in a printed journal, but not grant the right to use the work online. You might grant someone the right to make and distribute copies of a work in a certain class, but not for its use in commercial ventures.

Matching license to goals

By carefully constructing licenses, the owner of a work can control how a work is used and achieve the maximum impact for the work. By thinking through what your goals are for the work, you can match the license rights to achieve your goals.

Some ideas for matching license rights and goals:

License by format, distribution, or market. It may be desirable to break up licenses by format and medium of deployment as well as by market sector. This serves the objective of broad dissemination of the results of research and fulfils both academic and public service objectives.
Retain update rights. It may also be desirable to retain control over updates and improvements of the work to ensure that the work maintains academic integrity and represents authors and the University appropriately.

UW CoMotion

UW CoMotion manages and pursues licensing arrangements if the University owns or has an interest in a copyrighted work. Licensing a work usually comes with some risk and entails University time and resources to negotiate with potential developers or users of the work, maintain the relationship, and manage the rights and financial arrangements. For more information about this process, contact UW CoMotion .

Public domain

Works that have been released to “Public Domain” are available free of charge and have no restrictions on who uses them or how they are used. Anyone can create proprietary products from works that are in Public Domain. In addition, works in Public Domain can be edited, revised, or sold without notice to the author(s).

Works that are no longer within the statutory protection of copyright are in Public Domain. For information on statutory time limits under the Copyright Act, see the section on Determining Copyright Status .

"Open Source" software code

Some software developers use an “Open Source” model for sharing their software with others. There are many varieties of Open Source licenses. Generally, an Open Source license requires free distribution of the software and distribution of the source code.

Open Source is not the same thing as Public Domain. Public Domain works are not copyrighted; Open Source works are copyrighted and the terms of their use are covered by a license.

Open Source licenses generally fall into two categories:

“Permissive” require that the software be distributed for free and come with a permission to redistribute and modify the code. There are distinctions between the Permissive licenses which are articulated here .
“Copyleft licenses” require that in addition to being distributed for free, any modifications to the software are also distributed for free. The most common “Copyleft license” is the GNU General Public License (or “GPL”). GNU’s homepage on Copyleft is located here .

Enforcement

Copyrights are enforced through:

Copyright registration
Controlling use

If you own the copyright in a work, you may sue anyone who violates any of your exclusive rights for damages. Unfortunately, lawsuits are expensive and unless you are making a lot of money from your work, you may find the cost of litigation in federal court may greatly exceed the amount of damages you could recover.

However in 2020, Congress passed the Copyright Alternative in Small Claims Enforcement Act (CASE Act) which directed the Copyright Office to establish the Copyright Claims Board (“CCB”). For copyright disputes under $30,000, the CCB may be a preferred approach in dispute resolution.

Registration and litigation

To preserve the right to sue infringers, you need to file a copyright registration on your work with the U.S. Copyright Office. Registration can be filed any time up to three months after an infringement has occurred. However, you can recover greater damages in a lawsuit if you have registered your work prior to infringement.

Since lawsuits are not always practical, you should consider other means of ensuring your work is used by others in accordance with your wishes. The best method for enforcing your rights is through controlling how others may access your work or establishing ground rules for use in a license.

THIS IS AN ADVERISEMENT

Copyright Assignment (Transfer Ownership of a Copyright)

General information.

A copyright assignment is the transfer of one’s ownership of a copyrighted work to another person or entity. The prior owner (assignor) gives up all rights to the work to the new owner (assignee). The assignee gains all rights to the work as the legal or beneficial owner and may take legal action to prevent infringing uses of the work, etc. Copyright Act Section 501(b) .

According to federal law, a voluntary transfer of copyright ownership is not valid unless the details of the conveyance are contained in a writing signed by the copyright owner or the owner’s authorized agent. Copyright Act Section 204(a) .

Purpose/Necessity

An assignment may be used:

After a business is sold and the work’s rights are transferred to the purchaser
As security for a debt (through a mortgage or other security interest)
As a bequest in a will or an asset passed to heirs by intestacy/probate
As part of the distribution of assets following a bankruptcy proceeding
The work’s owner retains ownership but changes his or her name
The work’s owner retains ownership but changes its business name or entity type
Any other instance where the owner of a work wishes to transfer it to another

Recording an assignment is not mandatory to assign the interest bur provides the following advantages:

Recording the transfer establishes a public record of the details of the transfer and the contents of the document affecting the transfer. Such details will appear in the Copyright Office’s online public catalog .
The document or material attached to it specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under title or registration number of the work; and
Registration has been made for the work.
Constructive notice means that the public is deemed to have knowledge of the facts stated in the document – including those speaking to the ownership of rights – and cannot claim otherwise.
Under Sections 205d and 205e of the Copyright Act , recording establishes priority of rights as between conflicting assignments/transfers of ownership, or between a conflicting assignment and a nonexclusive license. This means that the first recorded assignment will be taken as valid as against any later alleged assignments.
In some instances, recording may be necessary to validate the transfer of copyrights as against third parties. Copyright Office – Circular 1: Copyright Basics .
In some states, recording may be necessary to perfect a security interest. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Frequently Asked Questions

Once a work is created and fixed in a tangible form, the author (or the author’s employer if the work was a Work Made for Hire), gains certain rights to the copyrighted work. The author has the exclusive right to: • Reproduce the work in copies or phonorecords; • Prepare derivative works based upon the work; • Distribute copies or phonorecords of the work to the public; and • Perform or display the work publicly.The author may subsequently transfer all or part of these rights through an (permanent) assignment or a (temporary) license. Copyright Act Section 201(d)(2) . Following negotiations between the parties as to the terms of the transfer, a written document must be signed by the owner of the rights conveyed stating the particular rights to be conveyed.
An assignment does not alter the work’s copyright duration. The assignee gains all rights transferred for the remainder of the copyright in effect. For works created by a single author, the length of copyright is the life of the author plus 70 years. Copyright Act Section 302(a) .
According to the Copyright Act, a copyright may be transferred by any means of conveyance, including bequeath by will or pass through intestate succession. Copyright Act Section 201(d)(1) . Some types of documents that may suffice include an assignment, mortgage, contract, deed, or promissory note.If you use our firm to assist you in your copyright assignment, we review your document to ensure that it conveys the rights desired, and then record it with the Copyright Office to establish a public record. Alternatively, if you do not have an existing document of transfer, we can draft a document to meet your purposes and then complete the recording process.
The Copyright Office does not provide a form or example of an acceptable document which effects a copyright transfer. Copyright Office FAQ – Assignment/Transfer of Copyright Ownership . The Copyright Office does not examine documents for legal sufficiency for their intended purpose prior to recording. Furthermore, the fee to record a document with the Copyright Office is nonrefundable. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .It is therefore important to consult with an attorney knowledgeable about copyright assignments to ensure that the copyrighted work(s) in question actually transfer as desired.
No, the rights given by copyright are the author’s immediately upon fixing the work in a tangible medium of expression. These rights may be transferred through a written instrument and the Copyright Office will record such an instrument before or after the work has been registered with the Copyright Office. Copyright Act Section 205(a) . However, there are several important benefits of copyright registration, and it is helpful to register the work so that the recorded assignment references a work indexed in the Copyright Office’s records .
No, essentially for the same reasons, copyrights may be transferred whether or not the underlying work has been published. The Copyright Office will record a document evidencing a transfer of an unpublished work. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Legal Services Offered and Cost

Recording of Copyright Assignment Note: this service is for copyright holders who have already transferred their copyright through a written instrument but have not yet filed/recorded the instrument Legal fees: $300 flat fee This includes:

Review of client’s information to ensure legal requirements are fulfilled
Answer client questions, make corrections, and obtain additional information as needed
Review of copyright assignment document to ensure proper transfer is made
Completion of Copyright Recordation Document Cover Sheet
Submission of the assignment document, Cover Sheet, and filing fee with the Copyright Office
Email confirmation of copyright assignment recording by the Copyright Office with official Certificate of Recordation

If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.

Drafting and Recording of Copyright Assignment Legal fees: $300 flat fee

This includes:

Completion of copyright assignment document to make the assignment

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The Difference Between Copyright Assignments and Licenses

The Difference Between Copyright Assignments And Licenses

There are two ways that a copyright owner can transfer some or all of his or her copyright rights: through a license or an assignment.

In an assignment of copyright rights, the owner sells his or her ownership rights to another party and has no control over how the third party uses those rights. A copyright assignment is sometimes referred to as a sales agreement for copyright.

The buyer (assignee) can then use the copyrighted work or do whatever he or she wants with it. He or she all of the assigned rights that the original owner had.

A valid assignment of copyright must be in writing and signed by, or on behalf of, the copyright owner/assignor. The subject of the assignment must be clear as to what copyright is being assigned in which work(s).

In a license of copyright rights, the owner maintains his or her copyright ownership rights, but allows another party (the licensee) to exercise some of those rights without the licensee’s actions being considered copyright infringement. A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder’s rights.

For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the right to use the software in a specified, restricted manner. In return, the user/licensee may agree to limit his or her use of the software in various ways and to pay the copyright owner a license fee.

Unlike a copyright assignment, a copyright license does not have to be in a signed writing. A license can be oral or arise by implication when considering all of the facts and circumstances surrounding the transaction between the copyright owner and the purported licensee.

If you own a copyright in a work that you are thinking about assigning, you should consider whether to license your copyright instead, thus allowing you to retain ownership, and license only certain rights to the other party.

For additional information about the difference between copyright assignments and license, please contact us .

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India – Analysing The Tips Vs Wynk Dispute Over Section 31D Of The Copyright Act.

August 8, 2024 by Rohin Pujari

Recently, the Bombay High Court case was presented with the matter of Tips Industries Limited vs Wynk Ltd. and Anr, where the plaintiff filed a suit against the defendant for the act of infringement of copyright. Tips Industries Ltd. is engaged in the production and distribution of motion pictures and the acquisition and exploitation of music rights. On the other hand, Wynk Music Ltd. is an Indian music streaming service and a digital distributor.

Previously, in the case Tips Industries Limited Vs Wynk Music Ltd. and Others before the Single Judge of the Bombay High Court, the petitioner filed a copyright infringement suit through Commercial Notice of Motion No. 72 of 2019 and Commercial Notice of Motion 95 of 2019 under section 14(1)(e) of the Copyrights Act 1957 (“the Act”) seeking a temporary injunction against the Respondent.

The court held that the act of the respondent pertaining to selling/commercially renting sound recordings of the petitioner could not be termed as ‘private’ or ‘personal’ or ‘research’. Hence, the respondent’s act does not amount to ‘fair use’. Also, the court clarified that internet broadcasting does not fall under the ambit of Section 31D of the Act. In this regard, the Hon’ble court dismissed the statutory license of the respondent. In the present case, the plaintiff sought an amendment to the cause title, which was allowed.

Both parties settled the matter vide the Consent terms dated June 17, 2024, as accepted by the Court, wherein the following were the highlights:

In clause 3 of the consent terms, the parties agreed that their rights are governed by the judgment dated April 23, 2019, by the Single Judge in Commercial Notice of Motion No. 72 of 2019 and Commercial Notice of Motion 95 of 2019. The parties agreed that said judgment would be final on inter se rights of parties qua the plaintiff’s repertoire and with respect to section 31 D of the Copyright Act 1957.
In clause 4 of the consent terms, Defendant No. 1 undertook to pay a total sum of Rs. 12 Cr plus applicable taxes as a full and final settlement, wherein Rs. 5 Cr was deposited by the defendants pursuant to an order dated June 25, 2019, in Commercial Appeal no. 424 of 2019 and 425 of 2019. As per this order, the division bench held that the order of injunction passed by the learned Single Judge shall not take effect until then on the condition that the defendant/appellant deposited a sum of Rs. 5 crores by July 2, 2019, in the court. The parties unconditionally agreed and consented to the plaintiff withdrawing a sum of Rs.5 Crs along with all accrued interest. Accordingly, it was directed to release the sum of Rs. 5 Crs to the plaintiff along with applicable interest.
The remaining Rs. 3,50,00,000/- were to be paid by Defendant No. 1 to the plaintiff on or before July 31, 2024. The last balance amount of Rs. 3,50,00,000/- is to be paid by Defendant No. 1 to the plaintiff on or before September 30, 2024.

Interpretation of Section 31D of the Act

Under Section 31D of the Act, any broadcasting association desirous of communicating a work to the public by a broadcast or a performance can acquire a statutory license to do so by giving a prior notice and paying royalties to the copyright owner at the rate fixed by the Intellectual Property Appellate Board (IPAB). (The Act presently covers radio broadcasting and television broadcasting).

However, due to technological advancement, online platforms were necessary to be included in the list of broadcasting associations. As a result, the Department of Industrial Policy and Promotion (DIPP) clarified the scope of internet streaming via its office memorandum dated September 5, 2016, by stating that:

Section 31D, which refers to ‘any broadcasting organisation desirous of communicating to the public,’ may not be restrictively interpreted to cover radio and TV broadcasting but appears to include internet broadcasting as well.

To understand, the business of the broadcasting organisation is to communicate the work to the public. Further analysis shows that online platforms allow the user/public to purchase/ download the content provided. In such cases, the very nature of the service of the online platform extends beyond the service of communication of work to the public. Section 31D of the Act offers statutory protection only to the broadcasting organisation, which offers service only to the extent of communicating work to the public by way of a broadcast or the performance of a literary or musical work and sound recording that has already been published.

On the contrary, if internet platforms offer services to sell/ rent content, the nature of the service provided by them extends beyond communicating the work to the public. Therefore, the essence of Section 31D of the Act does not include online platforms as broadcasting organisations.

For further information, please contact:

Manisha Singh – Lex Orbis, [email protected]

Manisha Singh, founder and managing partner of LexOrbis, is a highly reputed lawyer with more than 23 years of experience. Known for her astute understanding of IP laws and litigation nuances, Manisha provides practical and business-oriented solutions to a vast number of clients including many Fortune 500 companies, globally renowned universities, and public sector research organizations.

She has been instrumental in developing global portfolios of patents, designs and trademarks for many Indian companies and research institutions. She passionately pursues endeavors to strengthen India’s IP protection and enforcement system to align it with international standards and work closely with the industry associations and the government. She is a member of IPR committees of CII, FICCI and ASSOCHAM.

She was elected as the Vice-President of India Group of Asian Patent Attorney Association in 2019. Manisha is also the Standing Counsel for the Reserve Bank of India at the Delhi High Court and is known for her deep understanding of corporate, banking, and financial services laws. Manisha is a prolific writer and has contributed chapters in Indian IP laws to many leading publications including Mondaq, IP Media Group, Vantage Asia, Managing IP, Asia IP, CTC Media to name a few. She is consistently recognized for her contribution to the IP field by world-renowned organizations.

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More From Forbes

How a louisiana copyright ruling could stir up the global music biz.

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Angelle de Lavallade's Creole gumbo with king crab, shrimp, chicken wings and much more. (Photo by ... [+] Ricardo DeAratanha/Los Angeles Times via Getty Images)

A spicy copyright ruling from a federal court in Baton Rouge is causing indigestion among music publishers, record labels, and private equity investors, because it could upend contracts that musicians signed decades ago on a worldwide basis.

While content creators or their heirs currently have a right under US law to recapture copyrights they bargained away much earlier in their careers, that right has only had effect within US borders. But Vetter v. Resnik would extend those rights worldwide.

The case involves the song “ Double Shot (Of My Baby’s Love) ,” a frat house rocker covered by Bruce Springsteen, George Thorogood, Better than Ezra and others, but not much of a moneymaker.

Nonetheless, if the ruling catches on in other content-generating circuits like the Ninth (including Los Angeles), Second (New York) and Sixth (Nashville), it could be financially devastating for music, media and other businesses and a windfall for creators and their heirs.

Until now, virtually no one has questioned that copyright terminations and reversions under artist-friendly sections of the US Copyright Act only have effect in the United States and that music licensing contracts remain in tact everywhere else in the world.

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So the playbook play for lawyers representing copyright creators and heirs has been to wait for applicable rights to arise under the Act and then to threaten (in a very nice tone of voice) companies that licensed those copyrights with a termination of their rights. Then the executive on the other side of the table replies (also in a gentle tone) that the termination or reversion only applies in the US. So they evaluate US rights versus rest-of-world, go back and forth, do-si-do, and finally end the dance with a better deal for the creator or the heirs going forward ... but no terminations.

But if the Louisiana ruling spreads west and east of the Mississippi, it could get loud and fists could get hurt banging on tables as attorneys who are resourceful and aggressive (or annoying, depending on where you sit in the negotiation) will argue that the termination is global and not limited to the US. They may not want to renegotiate a new deal but just get the copyrights back worldwide.

But How Does Vetter Get Around The “Territoriality” Problem?

There are at least two major problems with the Vetter ruling. First, the “Principal of Territoriality,” which says that laws generally don’t have extraterritorial application, and language Section 304 (c) (6)(E) of the Act itself, which states:

“Termination of a grant under this subsection affects only those rights covered by the grant that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.”

So how does the Baton Rouge court maneuver past these seemingly impassable roadblocks to reach the Shangri-La of global copyright termination?

On “territoriality,” US District Judge Shelly Dick, the Chief Judge of the Middle District of Louisiana, cautioned against “leaning too heavily” on that principle. Quoting the plaintiff’s pleadings, the judge said “this case is not about conduct (i.e., infringement); rather, this case concerns rights (i.e., ownership) in the Song. Plaintiffs argue that questions of ownership are treated differently than questions of infringement, with ownership questions being answered by the law of the country where the work was created (here, the United States).”

In other words, the “territoriality” principal only applies to cases about conduct , like copyright infringement, and has nothing to do with ownership issues, the judge writes, and to determine which country’s laws govern ownership of copyrights, one looks to where the copyright was first published.

There’s no such thing as an “international copyright,” Judge Dick says. Instead there’s one copyright in the country of origin and then other countries recognize and protect it according to their own laws, according to this argument. Quoting the plaintiff, the judge reasoned that “the plaintiffs’ recapture of that one copyright [through renewal or termination] leaves the defendant with nothing. In that instance, the plaintiffs’ domestic rights yield to them the right to exploit [the Song] everywhere without interference from its former owner.”

So again, if you want to know who owns a copyright, you have to look to the laws of the country where the copyright originated. But if you want to protect a copyright from infringement, you have to use the laws of the country where the infringement happened, according to this reasoning.

And How Does Vetter Escape The “Arises Under” Problem?

Next, Judge Dick took apart a few cases the defendant had relied on, primarily Siegel v. Warner Bros. Ent., Inc. , and scholarly work from David Nimmer and William Patry, two leading commentators on copyright law, that support the current status quo view that a copyright termination or reversion under US copyright law doesn’t terminate any rights abroad.

The court summarized the argument this way: “Foreign protection for United States works ‘arises’ not from a multiplicity of foreign copyrights around the world, but rather when treaty partners agree to recognize copyrights that ‘arise’ in accordance with the Copyright Act.” Thus, Plaintiffs conclude that under Section 304(c)(6)(E) , the termination results in the recapture of foreign rights because they, like domestic rights, ‘arise under’ the United States Copyright Act.”

So the rights that a foreign company might have in a US copyright don’t “arise” under the laws where that company is situated, the judge reasoned, but rather under US law which granted the copyright in the first place.

The judge dives further still into the depths of legalese: “One of the dictionary definitions of ‘arise’ is ‘to originate from a source.’ Applied here, in the Court's view, both domestic and foreign rights to exploit the Song originated from the United States Copyright Act; once the United States copyright was obtained, the owner of that copyright had the ability to exploit the Song abroad. Although, as the court in Siegel explained, foreign exploitation “ would be governed by the copyright laws of foreign nations,” the Court is unconvinced that the claim to such foreign rights “arises under” or “originates from” foreign law because the acquisition of the United States copyright already gives the owner the ability to exploit the work in other ... countries.”

Sounds simple enough, but this reasoning would radically revolutionize the way the music business runs, because countless licensing agreements involving US-originated entertainment content would terminate globally on the snap of a finger, i.e upon registration of US copyright termination notices, and rights would revert to the creators, their heirs or assignees.

Note: licenses involving derivative works (like movies based on books) and works made for hire are not eligible for terminations under the US Copyright Act.

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Copyright Office AI Deepfake Report Urges New Federal Law (1)

By Annelise Gilbert

The US Copyright Office called on Congress to pass a law that protects all individuals from the deliberate distribution of unauthorized deepfakes in a new artificial intelligence report released Wednesday.

The office’s analysis of deepfakes found federal legislation is “urgently needed” because existing state laws are inconsistent and inefficient to address the speed and scale at which generative AI can produce and disseminate digital replicas capable of authentically impersonating anyone, according to the report .

“It has become clear that the distribution of unauthorized digital replicas poses a serious threat not only in the entertainment and political arenas but also ...

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Washington photographer files lawsuit alleging viral social media account violated copyright law

Washington photographer seeks up to $150k for each image allegedly used by 'zillow gone wild'.

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A photographer who says two of her photos were used by the popular social media account, "Zillow Gone Wild," without her permission has filed a lawsuit.

The real estate marketplace company, Zillow, headquartered in Seattle, is not affiliated with the account.

Jennifer Bouma, a commercial photographer in Lake Stevens, Washington, who specializes in real estate interiors and exteriors, is seeking upwards of $150,000 for each photograph, according to the lawsuit, which was filed on July 29.

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The "Zillow Gone Wild" social media accounts have gone viral for sharing unique properties that are listed on Zillow.com.

Washington photographer sues social media account

A photographer in Washington (not pictured) has filed a lawsuit against the viral social media account "Zillow Gone Wild" for copyright infringement of her photos. The account has millions of followers across multiple online platforms. (iStock / iStock)

On X, "Zillow Gone Wild" has 662,000 followers and nearly two million on Instagram, along with more than one million Facebook followers .

"Zillow Gone Wild," owned by New York-based parent company Kale Salad, also has a page on the platform, Substack, where the lawsuit alleges the copyrighted photos were posted.

Posts including the photos have since been taken down on all platforms.

FOX Business reached out to "Zillow Gone Wild" for comment.

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The "Defendant is not and has never been licensed to use or display Copyrighted Photographs . [The] Defendant never contacted Plaintiff to seek permission to use Copyrighted Photographs in connection with its website or for any other purpose," reads the complaint.

The photos in question, copyrighted in January 2022, show an estate in Monroe, Washington , listed for $2.3 million at the time.

Under 17 U.S. Code Section 504 copyright owners are allowed to recover statutory damages instead of actual damages and profits for copyright infringement.

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The home, located at 21632 High Rock Road, has four bedrooms and three bathrooms comprising of 3,161 square feet, according to Zillow.

The Washington photographer is seeking up to $150,000 for each photograph allegedly used by "Zillow Gone Wild." (iStock / iStock)

One photo showcases a grand library with high ceilings while the other captures a large dragon statue in the yard.

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Zillow declined to comment on the suit.

Beverly Jackson, a Zillow executive, spoke with the site Marketing Brew in June.

The outlet reported, "It’s been a net positive for the company, [Jackson] said, and has led to greater brand affinity," adding that Zillow, "has opted to embrace the account and its use of Zillow’s marks and logo , instead of fighting it."

A Zillow executive told Marketing Brew, an online publication, in June that Zillow embraces the "Zillow Gone Wild" account. (fstop123/PeopleImages / iStock)

Bouma argues in the suit that she notified "Zillow Gone Wild" about the alleged infringement in April when she learned of the postings and the two parties were unable to negotiate a reasonable license.

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FOX Business reached out to the Virginia-based law firm, The Law Office of David C. Deal, P.L.C., which is representing Bouma, for additional comment.

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COMMENTS

17 U.S. Code § 203
The provisions of section 203 are based on the premise that the reversionary provisions of the present section on copyright renewal (17 U.S.C. sec. 24 [section 24 of former title 17]) should be eliminated, and that the proposed law should substitute for them a provision safeguarding authors against unremunerative transfers.
Assignment/Transfer of Copyright Ownership
If you have executed a transfer and wish to record the document, see Circular 12, Recordations of Transfers and Other Documents, for detailed instructions. About Overview
Assignment and Licensing of Copyrights under Copyrights Act
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...
Assignment of Copyrights & Legal Implications
The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale ...
Understanding an assignment of copyright agreement
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Thus, law provides a right to the owner of the copyright (i.e. the creator) to transfer the ownership of the copyright to a third party. For instance, in the case of making a complete movie - all the creative persons with their idea turned into relevant works come to a producer, assign their rights that subsist in their work in return for a ...
Term of Copyright, Assignment, and Licensing (Section 18-31) Under
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Assignment And Licensing Of Copyright
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Assignment and Licensing of Copyrights under Copyrights Act

Introduction

Assignment of Copyrights : Section 18 of Copyrights Act

Mode of Assignment: Section 18 of Copyrights Act

Licensing of Copyright

Voluntary license: : Section 18 of Copyrights Act

Compulsory Licenses

Statutory Licenses

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Assignment of Copyright

Facets of Copyright Assignment

Moral Rights involved in Copyright Assignment

Foreseeable disputes

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Assignment And Licensing Of Copyright

Introduction

Assignment of Copyright (Section 18)

Mode of Assignment (Section 19)

Disputes with Respect to Assignment of Copyright (Section 19a)

Assignment by Operation of Law (Section 20)

Licensing of Copyright

Voluntary license (Section 30)

Voluntary licenses can be:

Compulsory License

Works Withheld from Public

Compulsory License in Unpublished or Published Work (Section 31-A)

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Statutory License for Cover Versions (Section 31-C)

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

Intellectual Property

Published By Stanford Copyright and Fair Use Center

Chapter 2 Endnotes

Assignment And Licensing Of Copyrights

Coverage of this Article

Introduction

Assignment of Copyrights (Section 18)

Mode of Assignment (Section 19)

Disputes with Respect to Assignment of Copyright (Section 19a)

Assignment by Operation of Law (Section 20)

Licensing of Copyright

Section 18 of the Copyrights Act defines a: Voluntary Licence

Compulsory license

Statutory license

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TERM OF COPYRIGHT AND ASSIGNMENT- LICENSING (SEC 18-31)

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