assignment of copyright section 18

TERM OF COPYRIGHT, ASSIGNMENT, AND LICENSING (SECTION 18-31) UNDER INDIAN COPYRIGHT ACT, 1957

Published by admin on october 15, 2023 october 15, 2023.

This article is written by Megha Arora, an intern under Legal Vidhiya

In this article, we will delve deeper into the specific provisions of the Indian Copyright Act,1957 outlining the terms of copyright protection, assignment, and licensing. It emphasizes the significance of these legal aspects in protecting creators’ rights and promoting innovation while providing clarity for businesses and the public.

Copyright Act 1957, Copyright protection, Term of Copyright, Assignment of copyright, Licensing of copyright, Intellectual property, Creative works, Indian copyright law, Copyright duration, Copyright assignment, Copyright licensing.

INTRODUCTION

Copyright laws serve as the backbone of intellectual property protection, safeguarding the creative works of individuals and entities across various domains. In India, these laws are enshrined in the Indian Copyright Act, 1957, granting exclusive rights to creators, authors, and copyright holders, allowing them to control the use and distribution of their original works. Copyright, as a legal concept, plays a pivotal role in promoting innovation and creativity by providing authors and creators with the assurance that their efforts will be rewarded and protected.

Understanding the intricacies of copyright terms and the mechanisms of assignment and licensing is of paramount importance in today’s age. It empowers creators, businesses, and even consumers to navigate the complex landscape of intellectual property rights. The knowledge of copyright terms, the processes of assigning copyright, and the nuances of licensing agreements is essential for creators seeking to monetize their creations, for businesses aiming to use copyrighted content legally, and for the general public to appreciate the boundaries of lawful use.

In this article, we delve into Sections 18-31 of the Indian Copyright Act to shed light on the term of copyright protection and the rules governing its assignment and licensing.

TERM OF COPYRIGHT [SECTION 22 – SECTION 29]

Copyright protection is a fundamental aspect of intellectual property law that grants authors and creators exclusive rights to their creative works. In India, the term of copyright protection is outlined from section 22 to section 29 of the Indian Copyright Act, 1957. This section provides a clear framework for how long copyright protection lasts for different categories of creative works.

Here’s a detailed explanation of the term of copyright protection in India:

A. COPYRIGHT IN THE CASE OF LITERARY, DRAMATIC, ARTISTIC, AND MUSICAL WORK [SECTION 22]

For literary, dramatic, musical, and artistic works, the term of copyright protection subsists during the lifetime of the author plus an additional 60 years from the beginning of the calendar year immediately following the year in which the author passes away.

And if the work is produced by co-authors jointly or has multiple authors, the copyright lasts for the lifetime of the last surviving author plus an additional 60 years from the beginning of the calendar year immediately following the year in which the author passes away.

This provision ensures that the rights to creative works remain with the author during their lifetime and are extended to their legal heirs and successors for six decades after their demise.

B. COPYRIGHT IN ANONYMOUS AND PSEUDONYMOUS LITERARY, DRAMATIC, ARTISTIC AND MUSICAL WORK [SECTION 23]

In the case of literary, dramatic, musical, or artistic works (excluding photographs) published anonymously and pseudonymously, copyright protection can extend for up to 60 years from the beginning of the year following the year of their initial publication.

However, if the author’s identity is revealed before this sixty-year period of copyright protection, the countdown stops, and the remaining copyright duration is calculated from the beginning of the year following the year of the author’s death.

Identities of Co-authors are disclosed – In the case of co-authored anonymous or pseudonymous works, if the identity of one or more co-authors is disclosed before the 60-year mark, the same principle applies. The countdown stops, and the remaining copyright duration is calculated from the beginning of the year following the death of the last co-author whose identity was disclosed.

This provision ensures clear and precise guidelines for determining the term of copyright protection for anonymous or pseudonymous works, promoting transparency in copyright law and protecting the rights of both authors and the public. It prevents the exploitation of loopholes that might have allowed perpetual anonymity to extend copyright protection indefinitely.

C. COPYRIGHT UNTIL SIXTY YEARS FROM THE BEGINNING OF THE CALENDAR YEAR NEXT FOLLOWING THE YEAR IN WHICH THE WORK IS PUBLISHED [SECTION 24-SECTION 291

• POSTHUMOUS WORK [SECTION 24]

According to Section 24, if the author of literary, dramatic, musical works, or engravings dies before they are published, section 24 specifies that the copyright will last for sixty years from the beginning of the calendar year immediately following the year in which the work is first published.

In cases where an adaptation of this work is published before the author’s death, the sixty-year period is calculated from the beginning of the calendar year following the year of the adaptation’s publication.

This provision ensures that even if an author passes away before their work is published or an adaptation of the work is published earlier, the work still receives copyright protection for a reasonable duration. This helps protect the rights and interests of the author and their heirs in such situations.

2. CINEMATOGRAPH FILMS [SECTION 26]

In the case of cinematograph films, the copyright term is slightly different. It lasts for 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

This provision is intended to protect the interests of film producers and creators in the realm of cinema.

3. SOUND RECORDINGS [SECTION 27]

Sound recordings, a vital part of the music industry, are granted copyright protection for 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

Similar to cinematograph films, this term aims to safeguard the rights of those involved in the creation and distribution of sound recordings.

4. GOVERNMENT WORKS [SECTION 28]

In the case of Government works, the government is considered the first owner of the copyright work, and the copyright lasts for sixty years from the beginning of the calendar year that comes after the year in which the work is initially published.

5. WORKS OF PUBLIC UNDERTAKING [SECTION 28 A]

Under Section 28A, when a public undertaking holds the first ownership, the copyright remains in effect until 60 years from the beginning of the calendar year following the year when the work is first published.

6. WORKS OF THE INTERNATIONAL ORGANISATION [SECTION 29]

In the case of works of any international organizations that are covered under Section 41 of the Copyright Act, the copyright protection will last for a period of 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

ASSIGNMENT OF COPYRIGHT [SECTION 18-19]

Copyright assignment refers to the transfer of exclusive rights and ownership of a copyrighted work from the copyright holder (assignor) to another party (assignee), often in exchange for consideration. In India, the Copyright Act of 1957 governs these assignments in Sections 18 and 19. This legal process allows individuals or entities to buy, sell, or transfer copyrights to works such as literary, artistic, musical, or cinematographic creations.

In the case Gramophone Company of India Ltd. v. Shanti Films Corporation, [1] Calcutta High Court held that “copyright is a beneficial interest in movable property which is capable of being transferred by “assignment”.

In the case of Video Master v. Nishi Production [2] , the Bombay High Court examined whether the assignment of video rights encompassed the right to satellite broadcast. The Court upheld the defendant’s argument, acknowledging that there were distinct methods of public communication, including terrestrial television broadcasting (Doordarshan), satellite broadcasting, and video TV. It was determined that the film’s owner held separate copyrights for each of these modes and could assign them to different individuals. Therefore, the copyright assigned to the plaintiff specifically for video rights did not extend to satellite broadcast rights.

OWNER TO ASSIGN THE COPYRIGHT [SECTION 18]

Section 18 of the Copyright Act, 1957, deals with the assignment of copyright, outlining the conditions and requirements for such transfers.

According to Section 18 of the Copyright Act, 1957, the owner of copyright in an existing work or someone who expects to own copyright in a future work can transfer the copyright, either completely or partially, with or without limitations, for the entire copyright duration or just a portion of it. However, when assigning copyright to a future work, the assignment only becomes effective once that work is created.

Furthermore, if the assignee (the recipient of copyright) gains any rights from the copyright, they are considered the copyright owner for those assigned rights, while the assignor (the original copyright holder) retains ownership for any rights not transferred.

This section also clarifies that the term “assignee” for future works includes the assignee’s legal representatives if the assignee passes away before the work is created.

MODE OF ASSIGNMENT [SECTION 19]

Section 19 focuses on the effect of the assignment, including the rights and obligations of both the assignor and the assignee. Assignments can be partial or complete, and they are typically formalised through written agreements to ensure clarity and enforceability under the law.

Following are the basic requisites for a valid assignment:

• An assignment of copyright for any work must be in writing and signed by the person assigning it or their authorized representative.
• The assignment must clearly specify the work, the rights being transferred, the duration, and the geographical scope of the assignment.
• The assignment should outline the royalty amount and other compensation payable to the author or their legal heirs during the assignment’s validity. The terms of the assignment can be revised, extended, or terminated by mutual agreement.
• If the assignment doesn’t state a specific duration, it’s assumed to be five years from the assignment date.
• If the assignee doesn’t exercise the assigned rights within one year of the assignment date, those rights will be considered expired unless otherwise specified.
• If the geographical scope of the assignment isn’t mentioned, it’s presumed to cover only India.
• Assignments of copyright that contradict the terms and conditions of rights already assigned to a copyright society, of which the author is a member, are considered void.

In Saregama India Ltd. v. Suresh Jindal [3] , it was determined that the owner of a copyright in a forthcoming work has the authority to transfer the copyright, either entirely or in part, for the entire duration of the copyright or a portion thereof. Following the assignment, the assignee is legally considered the copyright owner under this act.

BENEFITS OF COPYRIGHT ASSIGNMENT

• Transfer of Ownership: Assigning copyright means selling all rights to the work, giving the new owner complete control.
• Monetary Gain: The copyright owner receives payment for selling the rights, providing immediate financial benefit.
• Reduced Legal Risk: The assignee takes responsibility for protecting and enforcing the copyright, reducing the legal burden on the original owner.
• Exclusive Rights: The assignee gains exclusive rights, preventing the original owner from licensing the work to others.
• Simplified Management: The assignee handles all copyright-related tasks, streamlining administrative duties for the original creator.

TRANSMISSION OF COPYRIGHT IN A MANUSCRIPT THROUGH TESTAMENTARY DISPOSITION [SECTION 20]

According to Section 20 of the Copyright Act, 1957, when a person inherits a manuscript of a literary, dramatic, or musical work through a will and that manuscript has not been published, the individual named in the will becomes entitled to the copyright in the work to the extent that the person who made the will was the copyright owner just before their passing.

And in this section, the term “manuscript” refers to the original document containing the work, regardless of whether it was handwritten or not.

AUTHOR’S RIGHT TO RELINQUISH COPYRIGHT  [SECTION 21]

Section 21 of the Copyright Act, 1957, allows an author to voluntarily give up some or all of the rights associated with their work. To do this, the author must provide formal notice in the prescribed format to the Registrar of Copyrights. The Registrar of Copyright then publishes this notice in the Official Gazette. And once the notice is published, the author’s rights cease to exist from that date.

It’s important to note that when an author relinquishes any right within their copyright, it does not impact any existing rights held by other individuals as of the date of the notice.

LICENSING OF COPYRIGHT [SECTION 30-31]

COPYRIGHT LICENSE

Copyright licensing is a legal agreement that grants permission to others to use, reproduce, distribute, or otherwise exploit a copyrighted work, subject to certain terms and conditions. It essentially allows copyright holders to share their rights with others while maintaining control over how their work is used. A license and an assignment deed often share similarities, but it’s crucial to highlight and document the specific details they each contain. They are mentioned below:

• Time period of the license;
• The rights that have been licensed;
• Geographical scope or range covered by the license;
• The stipulated royalty amount as part of the agreement;
• Clauses and terms related to the termination, modification, and extension of the agreement.

Section 30 to Section 31D of the Copyright Act, 1957, discuss different types of licenses:

• LICENSE GRANTED VOLUNTARILY BY THE COPYRIGHT OWNER [SECTION 30]

According to section 30, the copyright owner of an existing work or the potential copyright owner of a future work can grant rights in that work through a written license, which must be signed by them or their duly authorized representative. However, if the license pertains to the copyright of a future work, it will only take effect once that work is created.

In the event that a person to whom a license for a future work is granted under this section passes away before the work is created, their legal representatives will, unless the license states otherwise, inherit the benefits of the license.

There are generally five types of voluntary licenses:

1)Exclusive License: Defined under Section 2(j) of the Copyright Act, it grants rights to the licensee and authorized individuals within a specific group.

2) Non-Exclusive License: It grants permission without excluding others, allowing certain actions that would otherwise be considered infringement. When an exclusive right is granted, the owner relinquishes all economic rights.

3) Co-Exclusive License: The licensor grants licenses to a limited number of licensees, recognizing exclusivity among a select few.

4) Implied License: The author implicitly allows or authorizes the use of their work, often when they are aware of someone using their work but don’t take action.

5) Solo License: Both the licensor and licensee can exclusively use the work, excluding any third parties.

2. COMPULSORY LICENSE [SECTION 31 – 31B]

i.) COMPULSORY LICENSE IN THE WORK WHICH IS WITHHELD FROM THE PUBLIC [SECTION 31]

Section 31 establishes provisions for compulsory licenses in cases where the copyright owner of a published or publicly performed work unreasonably refuses to allow its  republication, re-communication, performance, or communication to the public during the copyright term. If such a situation arises, a complaint can be filed with the Commercial Court. The Commercial Court will then listen to the copyright owner and conduct any required investigations. Following this process, if the Commercial Court determines that the refusal lacks reasonable grounds, it can instruct the Registrar of Copyrights to grant a license. This license allows qualified individuals, as determined by the Copyright Board, to republish or re-communicate works that have been withheld from the public.

In Entertainment Network (India) Ltd. v. Super Cassette Industries [4] , the Supreme Court ruled that under Section 31(1)(b), if the copyright owner declines to permit the public communication of a sound recording under terms the complainant deems reasonable, a complaint to the Copyright Board for the issuance of a compulsory license is permissible. However, the court must carefully consider and balance the rights of the copyright owner and the individual seeking the compulsory license while granting license.

In Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. [5] , the Supreme Court outlined the requirements for obtaining a compulsory license under Section 31 of copyright law:

i.) the applicant must demonstrate that the owner of a published work has indeed withheld the republication of that work.

ii.) the withholding by the owner must be based on grounds that are legally considered “unreasonable.”

The Supreme Court emphasized that determining whether the owner’s grounds for not allowing republication are reasonable requires a full hearing. These reasons go beyond just monetary consideration and can include concerns about personal safety. The Court also made it clear that granting a compulsory license during ongoing Section 31 proceedings would be premature, especially if the owner has valid non-monetary reasons for withholding republication. Therefore, a compulsory license should only be granted after the court finishes the proceedings and makes a final decision, not as an interim order.

ii.) COMPULSORY LICENSE IN PUBLISHED OR UNPUBLISHED WORK [SECTION 31A]

Section 31A deals with compulsory licenses for works created by Indian citizens who either pass away or become untraceable before publication. In such a case, anyone can apply to the Commercial Court for a license to publish or translate such works. But before applying, the applicant must advertise their proposal in an English newspaper, and, if the application pertains to the publication of a translation in a specific language, the applicant must also announce the proposal in that particular language. Once the application, along with a copy of the advertisement, is submitted to the Commercial Court, a prescribed inquiry is conducted, and if approved, the registrar of copyright may grant a license. The Registrar can require the applicant to deposit royalties in a specified account as determined by the Commercial Court. This provision ensures that the copyright owner, their heirs, executors, or legal representatives, can claim this royalty at any time.

iii.) COMPULSORY LICENSE TO BENEFIT DISABLED [SECTION 31B]

Section 31B was introduced into the Copyright Act, 1957, by the Copyright (Amendment) Act, 2012, serves the purpose of expeditiously granting compulsory licenses for the benefit of disabled individuals.

Section 31B allows anyone, including profit-oriented entities or those serving individuals with disabilities, to apply for a compulsory license to publish a copyrighted work for the benefit of disabled individuals. The application goes to the Commercial Court with a prescribed fee, which must resolve it within two months. The Commercial Court may verify the applicant’s credentials and the application’s legitimacy. If a compulsory license is deemed necessary after hearings and inquires, the Registrar of Copyright can grant it, specifying format, duration, copy limits, and royalties. The court can extend the license and permit more copies, considering copyright owners’ rights.

3) STATUTORY LICENSE [SECTION 31C – 31D]

i.) FOR COVER VERSION [SECTION 31C]

A “cover version” refers to a new recording or performance of a previously existing song, typically done by a different artist or group than the original. And according to Section 31C, a “cover version” in this section must be created in accordance with the provisions outlined in this section.

Section 31C permits the making of a cover version in the form of a sound recording for a literary, dramatic, or musical work, and sound recordings of that work have been previously made with the permission of the copyright owner, but they have to do so under the conditions outlined in this section:

a. the medium of this new sound recording should match that of the most recent recording.

b. the person making the cover version must provide advance notice of their intent and follow the prescribed guidelines.

c. they have to make advance payments of royalties to the copyright owner of each work, as determined by the Commercial Court.

d. the packaging of sound recordings should clearly state that they are cover versions.

e. no alterations to the work are allowed unless they have been previously approved by the copyright owner or are technically necessary for creating the sound recordings.

f.  sound recordings cannot be made until five calendar years have passed since the first recording of the work.

g. One royalty must be paid for a minimum fifty thousand copies of each work during each calendar year in which such copies are made.

h. Records and accounts about these sound recordings, including existing stock details, must be maintained as prescribed.

ii.) FOR BROADCASTING LITERARY AND MUSICAL WORKS AND SOUND RECORDINGS [SECTION 31D]

A literary and musical work and a sound recording that has already been published can be publicly broadcast or performed by any other broadcast organization if they desire, but subject to the conditions outlined in the section 31D:

a. The organization has to provide prior notice regarding its intent to broadcast the work, and it should include details such as the duration and territorial coverage of the broadcast.

b. Additionally, they have to pay royalties to the copyright owners of each work at rates that are determined by the Commercial Court.

c. The Commercial Court is responsible for establishing separate rates of royalties for the radio broadcasting and television broadcasting.

d. The Commercial Court has the authority to request that the broadcasting organization to make advance payments to the copyright owners.

e. Unless the broadcasting organization is delivering the work through performance, it must announce the names of the authors and principal performers during the broadcast.

f. There should be no substantial alterations to a work unless it is technically necessary for broadcasting.

g. The organization is required to maintain records and financial accounts and provide reports to copyright owners.

BENEFITS OF COPYRIGHT LICENSING

• Flexible Use: Licensing allows the copyright owner to grant specific permissions while retaining ownership, offering flexibility in usage.
• Revenue Generation: Owners can earn money by charging license fees or royalties for the use of their work.
• Market Expansion: Licensing opens doors to new markets and audiences, expanding the reach of the work.
• Preservation of Rights: Owners maintain control, specifying how their work is used and safeguarding their reputation.
• Risk Mitigation: License agreements outline responsibilities and liabilities, reducing the potential for disputes.

In conclusion, copyright laws in India are the cornerstone of intellectual property protection. They grant creators and authors exclusive rights to their original works, ensuring that their creative efforts are rewarded and safeguarded. Understanding the intricacies of copyright terms, assignments, and licensing is crucial in today’s landscape, benefiting creators, businesses, and the public.

The Copyright Act meticulously outlines the terms of copyright protection for various categories of creative works, ensuring that the rights of authors and their legal heirs are upheld. Additionally, it sets clear guidelines for copyright assignment, enabling creators to transfer their rights while maintaining ownership of their work. Licensing, on the other hand, allows copyright holders to share their creations under specific conditions, benefiting both creators and those seeking to use copyrighted content.

Furthermore, the Act includes provisions for compulsory licenses in cases where copyright owners unreasonably withhold their works from the public. This ensures that creativity and access to knowledge are not hindered by overly restrictive copyright practices.

In a rapidly evolving digital age where the sharing of creative works is commonplace, copyright laws play a pivotal role in balancing the interests of creators, businesses, and the general public. These laws provide a legal framework that fosters innovation, creativity, and the responsible use of intellectual property.

• The Copyright Act, 1957.
• Meenu Paul, INTELLECTUAL PROPERTY LAWS 32, (Allahabad Law Agency, Law Publishers, Faridabad Haryana 2022).
• Muskaan Mathur, Assignment and Licensing of Copyrights under Copyrights Act, LAW BHOOMI, https://lawbhoomi.com/assignment-and-licensing-of-copyrights-under-copyrights-act/#_ftnref3.
• R Shakthivel, Copyright Assignment and Licensing , LEGAL BITES, https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing-949625.
• Gramophone Company of India Ltd. V. Shanti Films Corporation, AIR 1997 Cal. 63.
• Video Master v. Nishi Production, 23 IPLR 388 (1998).
• Saregama India Ltd v. Suresh Jindal, 2007 (34) PTC 522 (Cal).
• Entertainment Network (India) Ltd. V. Super Cassette Industries, JT 2008 (7) SC 11.
• Super Cassettes Industries Ltd. V. Music Broadcast Pvt. Ltd., 2012 (5) SCC 488.

[1] Gramophone Company of India Ltd. V. Shanti Films Corporation, AIR 1997 Cal. 63.

[2] Video Master v. Nishi Production, 23 IPLR 388 (1998).

[3]   Saregama India Ltd v. Suresh  Jindal, 2007 (34) PTC 522 (Cal).

[4] Entertainment Network (India) Ltd. V. Super Cassette Industries, JT 2008 (7) SC 11.

[5] Super Cassettes Industries Ltd. V. Music Broadcast Pvt. Ltd., 2012 (5) SCC 488.

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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 Copyrights & Legal Implications

Copyright gives authors a bundle of personal property or economic rights in an original work of authorship. These rights include the rights to reproduce, create derivative works, distribute work to the public, publicly perform a work, publicly display visual works, and digitally transmit sound records. They belong exclusively to a copyright holder.

Usually, the copyright holder is the person who created the work. However, any of these economic rights, or any part of these economic rights, can be transferred. Under the Visual Artists Rights Act (VARA), an artist’s moral rights in a work of fine art can be waived but not assigned.

An original owner who assigns their copyright to someone else will not retain any right to control how the work is used.

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. The original copyright owner sells the rights to a third party and cannot control how the rights are used, just as they would not be able to control how personal property that they sold was used once it was transferred.

Generally, a license is preferable if a copyright holder expects to continue exercising interests and control over the work. For example, if you assign your copyright in a song to a music producer, the decision about whether to allow a film studio to use your song in a film will belong to the producer, not to you. If you license your copyright in a song in a limited capacity to a music producer, however, you will continue to be able to license your copyright in the song to a film producer.

Assignments can be used for many different purposes, such as security for debt, as an asset passed to heirs, or as part of the distribution of assets after a bankruptcy proceeding. Once you assign your rights to somebody else, however, you are permanently giving away your right to control the work. That means if you try to exercise any of the rights you have assigned, you are committing copyright infringement even though you created the work. If you assign your copyright to somebody else and regret the loss, you may be able to buy your copyright back from that person, but whether or not to sell it back to you is up to the assignee.

How Is Copyright Assigned?

Under Section 204 , a transfer of ownership is only valid if the instrument, note, or memorandum of transfer is in writing, signed by the copyright owner or their duly authorized agent. Generally, a certificate of acknowledgment is not required for the transfer to be valid, but it can be used as prima facie evidence that a transfer was executed if it is issued by someone authorized to administer oaths in the United States or, if the transfer is executed abroad, if the certificate is issued by a United States diplomatic or consular official, or a person authorized to administer oaths who also provides a certificate.

Formally recording an assignment with the Copyright Office is not required but can be advantageous.

You do not have to record an assignment in order to assign the interest. However, there are advantages to recording the assignment, such as creating a public record of the transfer details, giving constructive notice to members of the public, establishing priority of rights when there are conflicting transfers of ownership, validating the transfer of the copyright against a third party, or in some cases perfecting a security interest.

Last reviewed October 2023

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• Works in the Public Domain After Copyrights Legally Expire
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Copyright act, 1957.

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CHAPTER IV: OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER

Section 18: Assignment Of Copyright | The Copyright Act, 1957

(1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work: Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to the contrary shall be void: Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void.

(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly.

(3) In this section, the expression "assignee" as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence.

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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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Assignment of copyrights

WHAT ARE INTELLECTUAL PROPERTY RIGHTS;

Intellectual property is the product of the human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols, names, brands, etc. Intellectual Property Rights do not differ from other property rights. They allow their owner to completely benefit from his/her product which was initially an idea that developed and crystallized. They also entitle him/her to prevent others from using, dealing or tampering with his/her product without prior permission from him/her. He/she can in fact legally sue them and force them to stop and compensate for any damages.

Intellectual property (IP) is a category of  property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The most well-known types are copyrights, patents, trademarks, and trade secrets.

The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. This gives economic incentive for their creation, because it allows people to profit from the information and intellectual goods they create. These economic incentives are expected to stimulate innovation and contribute to the technological progress of countries, which depends on the extent of protection granted to innovators.

WORLD TRADE ORGANISATION;

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

Intellectual property relates to pieces of information which can be incorporated in tangible objects at the same time in an unlimited number of copies of different location anywhere in the world. The property is not in those pieces but the information reflected in those pieces. The information, concept, ideas and a creative work of a human being make him intellectual. The new concepts, art, innovations, machine, design, thought, literatures, apparatus, etc. are treated as intellectual properties and it gives the creator, artist, scientist exclusive right to exploit its creation for economic development.

Article 2(viii) of Convention Establishing, the World Intellectual Property Organisation (WIPO), 1967 provides that “Intellectual Property” includes rights relating to;

• Literary, artistic, and scientific works;
• Performance of performing artists, phonograms and broadcasts;
• Inventions in all fields of human endeavour;
• Trademarks, service marks and commercial name and designations;
• Protection against unfair competition and all other rights resulting from intellectual activities in the industrial, scientific, literary and artistic fields.

The Intellectual Property thus, includes

• Copyrights;
• Trademarks;
• Service Marks;
• Geographical Indications;
• Utility Models;
• Plant Varieties;
• Industrial Designs;
• Trade Secrets;
• Layout Design of integrated circuits etc.

LET’S CONSIDER ONE BY ONE

In India Copy Rights subsists in

• original literary, dramatic, musical and artistic works;
• cinematographs films and
• sound recordings.

The subject matter of copyright includes e.g. poems, catalogues, consignment note, directories, mathematical tables, railway timetables, road books, guide books, scientific questions and answers, rules of game, stud books, trade statistics, any piece for recitation, choreographic works or entertainment in dumb show, the science arrangements or acting form which can be written, sound recordings, films, a painting, sculpture, drawings, an engraving or a photograph etc., whether or not any such work possesses artistic quality , literary works also includes computer programming.

The Copyright Law generally provides to the owner of copyright the right to;

• reproduce the work in any material form;
• to issue copies of the work to the public;
• to perform work in public;
• to communicate it to public;
• to make any cinematographic film or sound recording in respect to those work;
• to make translation of work;
• to make adoption of works, etc.

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

ASSIGNMENT OF COPYRIGHTS;

Assignment means; a task or piece of work assigned to someone as part of a job or course of study. It can be said that assignment is a task given by someone to other to perform a part of a job. It can also be said that it an act of transfer of rights or property from one person to other.

Cambridge Dictionary: the process of giving a particular job or piece of work to someone, or of sending someone to chosen place to do a job.

A transfer of rights in real property or Personal Property to another that gives the recipient, the transferee, the rights that the owner or holder of the property, the transferor had prior to the transfer. Such as an assignment of wages is the transfer of the right to collect wages from the wage earner to his or her creditor.

An assignment services two purposes:

• as for as assignee is concerned, it confers on him the right of exploitation of work for a specified period in the specified territory;
• for assignor, it confers on him right to receive royalty on the work assigned.

The owner may assign copyright either wholly or partially for the whole or any part of such Copyright to any person. The Copyright of future work can also be assigned, on a condition that assignment shall be effective only when the work come into existence. The assignment can be a general assignment or subject to some conditions.

NOTE: the assignment of Copyright may be limited assignment both in content and period. An assignment does not automatically mean that it is an absolute assignment. The intention of the parties with regard to the nature and extent of the assignment is required to be ascertained from the agreement itself.

The Copyright Act, 1957, Section 18 provides that; 

18. Assignment of copyright. —

(1)  The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence.

(2)  Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly.

(3)  In this section, the expression “assignee” as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence.

The Copyright (Amendment) Act, 2012 has introduced three provisos in Section 18(1) of Copyright Act, 1957 as follows;

Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when assignment was made, unless assignment specifically referred to such medium or mode of exploitation of the work;

Provided also that the author of the literary or musical work include in a cinematograph fill shall not assign or waive the right to receive royalties to be shared on an equal basis with assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film at cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void;

Provided Also that the author of literary work or musical work included in sound recoding but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the author or to a collecting society for collection and distribution and any assignment to the contrary shall be void.

When an assignee of copyright becomes entitled to any rights comprised in the copyright. He/she shall be considered the owner of that part assigned to him/her and for remaining part (that has not assigned) the author of copyright will be considered as owner. The legal heirs of assignee shall be entitled to the benefits of the assignment, if the assignee died before the work comes into existence.

Video Master Vs. Nishi Production 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 contention of the defendant that there were different modes of communication to the public, such as theatrical, terrestrial television broadcasting (Door darshan), satellite broadcasting and video TV. The owner of film has separate copyright in all modes and he could assign it to different persons. Thus, the satellite broadcast copyright of the film was separate right to the owner of the film and video copyright assigned to the plaintiff would include this.

ASSIGNMENT BY PROSPECTIVE OWNER;

Assignment of copyright can be done in exiting work at the time of assignment.

Section 18 permits assignment by a prospective owner, i.e. a person, who is not the first owner as defined in Section 17 of Copyright Act, 1957, in future work. Proviso provides that the parties can enter into an agreement for assignment of copyright in future work, but the assignment itself takes place only after “the work”’ comes into existence and not before. Before work comes into existence the assignment does not have any effect.

Indian Performing Right Society Ltd. Vs. Eastern India Motion Pictures Association  the Supreme Court held that an existing and future right of music composer and lyricist in their respective “ work” as defined in the Act was capable of assignment subject to the condition mention in Section 18 of the Copyright Act, 1957, as also in Section 19 of the Act, which required an assignment to be in writing, signed by the assignor or by his duly authorised agent.

MODE OF ASSIGNMENT:

Section 19 lays down condition of assignment as follows;

 Mode of assignment.

(1)  No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent.

(2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.

(3)  The assignment of copyright in any work shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.

(4)  Where the assignee does not exercise the right assigned to him under any of the other sub-sections of this section within period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment.

(5)  If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

(6)  If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.

(7)  Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994.

THE COPYRIGHT (AMENDMENT) ACT ,1994 added new SECTION 19A as follows; REVOCATION OF ASSIGNMENT.

1. If an assignee fails to make sufficient exercise of the rights assigned to him, and as such failure is not attributable to any act or omission of the assignor, then the Copyright Board may, on receipt of a complaint from the assignor and after holding such enquiry as it may deem necessary, revoke such assignment.

2. If any dispute arises with respect to the assignment of any copyright, the Copyright Board may, on receipt of a complaint from the aggrieved party and after holding such enquiry as it considers necessary, pass such orders as it may deem fit including an order for the recovery of any royalty payable :

 Provided that the Copyright Board shall not pass any order under this subsection to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author:

Provided further that no order or revocation of assignment under this subsection, shall be made within a period of five years form the date of such assignment."

An attempt has been made to spell out the prerequisites for the assignment of Copyright, in the interest of both the assignor and the assignee and to provide for such contingencies with respect to which the instrument of assignment is not clear so as to protect the interest of the assignor. The amendment also provides the assignor with the remedies through the Copyright

There is no particular form prescribed for assignment and it may be affected by any document in writing, even by a letter. The only requisite of assignment is that it must be in writing and it must be signed by the assignor or his duly authorised agent.

Deshmukh & Co. (Publishers) Pvt. Ltd. Vs. Avinash Vishnu Khandekar & Others; the Bombay High Court observed that assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorised agent. There is no prescribed form of assignment. The assignee to whom certain rights have been assigned by the assignor can be restrained by the court having competent jurisdiction. Copyright is not a positive right but it is a negative right, that is right to stop others from exploiting the work without copyright owners’ consent or license. Copyright is a kind of personal movable property, which can be transferred by assignment, etc., transfer inter vivos or by will or by due process of law i.e. in the event of death of owner.  

RIGHT OT AUTHOR TO RELINQUISHMENT OF COPYRIGHTS;

The provisions of Copyright Act, 1957 provides than an author of copyright may relinquish all or any of the rights comprised in the copyright in his work. An author is obliged to give notice in the prescribed form to the Registrar of Copyrights or by way of public notice. The relinquishment of copyright, however shall not affect rights subsisting in favour of any person on the date of notice.

The Registrar of Copyright shall cause the notice to be published in the Official Gazette and in such other manner as may deem fit. The Registrar of Copyright shall post the notice on the official website of the Copyright Office within 14(fourteen) days from the publication of the notice in the Official Gazette, so as to remain in the public domain for a period of not less than three years.

The effect of relinquishment of copyright is that the work, falls into public domain from the date of the notice. But where the rights in such work are subsisting in favour of any other person on the date of public notice, such rights shall not be affected. It means the entire work will fall in public domain, when rights of all other person terminate.

Disclaimer:   The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, author assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws and take appropriate advice of consultants. The user of the information agrees that the information is not professional advice and is subject to change without notice. Author assume no responsibility for the consequences of the use of such information

Published by

FCS Deepak Pratap Singh (Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)) Category Corporate Law   Report

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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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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.

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Section 18 Copyright Act, 1957

Section 18 Copyright Act, Section 18 of CA

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18. Assignment of copyright. —( 1 ) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof:

Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence.

2[Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exit or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work:

Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void:

Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void.]

( 2 ) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly.

( 3 ) In this section, the expression “assignee” as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence.

Section 18 of Copy Right Act - Assignment of copyright  

Section 18: assignment of copyright   - copy right act 1957.

Copy Right Act 1957

Section 13 of Copy Right Act - Works in which copyright subsists

Section 14 of Copy Right Act - Meaning of copyright

Section 15 of Copy Right Act - Special provision regarding copyright in designs registered or capable of being registered under the Designs Act, 2000

Section 16 of Copy Right Act - No copyright except as provided in this Act

Section 17 of Copy Right Act - First owner of copyright

Section 18 of Copy Right Act - Assignment of copyright

Section 19 of Copy Right Act - Mode of assignment

Section 19A of Copy Right Act - Disputes with respect to assignment of copyright

Section 20 of Copy Right Act - Transmission of copyright in manuscript by testamentary disposition

Right To Royalty For Underlying Works: Conundrum In Law And Underlying Issues

Contributor.

INTRODUCTION

Section 18 of the Copyright Act, 1957 (" Copyright Act ") deals with the assignment of copyright. Such assignment can either be by an owner of an existing work or the prospective owner of the future work to any person, either in whole or in part. By way of the Copyright (Amendment) Act, 2012 (" Amendment Act ") two provisos were inserted by the legislature to Section 18 of the Copyright Act.

The provisos 1 essentially prohibit an author of literary or musical work forming part of either a cinematographic film or a sound recording from waiving his/her right to receive royalties (and any such waiver if done will be void) for utilization of the underlying work. The royalties so received is to be shared equally with an assignee of the copyright (if any and as applicable). This rule prohibiting waiver and entitling authors to at least 50% royalty does not apply to assignments made to: (a) communicate the underlying work as part of a cinematograph film in a cinema hall; (b) the legal heirs of such authors; or (c) a copyright society for collection and distribution.

This piece delves into the principle issue arising out of the provisos, whether the utilizer or the assignee ( i.e. a producer) is liable to pay the royalties to the authors. This issue (and the underlying liability) continues to haunt the media and entertainment industry. A deeper look into this issue gives rise to several sub-issues, for instance: (a) whether the royalty paid under a contract by a utilizer of the principal work ( i.e. sound recording or a cinematographic film) to an assignee by itself includes the royalty entitlement of the author; and (b) whether the author (who is a non-signatory to a contract between an assignee / producer and the utilizer / broadcaster) can claim benefits arising from such contract.

In addition, this piece also discusses a conundrum created by the rulings of the Hon'ble High Court of Delhi (" DHC ") (single judge) in the case of The Indian Performing Right Society Ltd. vs. Entertainment Network (India) Ltd. (" Entertainment Network Case ") and Phonographic Performance Ltd & Anr vs. CRI Events Private Limited & Ors. 2 (" PPL Case ") (decided together).

HISTORIC EXPLOITATION OF AUTHORS

Prior to the Amendment Act, the Copyright Act (by way of Section 17(i)(b)) provided that the artistic works belongs to the owner, subject to the contract to the contrary. This led to the prevalent practice in the industry, wherein the assignee / producer used to get the rights of the artists unconditionally assigned in its name, making the producer sole author of the copyright instead of the artist. Even all the profits accrued from the utilization of the artistic work were reaped by the producer, depriving the author of the artistic work of any share in the profits.

The aforesaid issue was also addressed in the debate in Lok Sabha 3 (lower house of the Parliament of India) wherein Mr. Kapil Sibal (then Minister of Human Resource Development), described the above as -

"But, unfortunately, there was a provision in Section 17 (i) (b) of the Act under which it was said that the artistic work belongs to the owner, subject to a contract to the contrary. So, what used to happen is that if in a film, a song was to be sung, the producer of the film would go to the artist and say that you have assigned your rights to me unconditionally and you have assigned them forever. The result was that under the Copyright Act, instead of the artist, the producer became the sole author of the copyright. The result of that was, he produced the film, the artist got the benefit of whatever he could get in the film but he sold those rights of which the producer became the owner through other medium. He sold it to music companies; he sold it to telecom companies; and he made all the profits. The result was that the poor author and the poor creator of the copyright did not get any share of the profit. According to me, this is a historic injustice to the creators."

The Amendment Act therefore, sought to curb the above stated injustice of not receiving any benefit / royalty by the authors of the underlying works. However, it did not change the manner in which the flow of royalty should happen i.e. from the utilizer / broadcaster to the assignee / producer to the authors of the underlying works.

SCOPE OF THE PROVISOS

It is undisputed that the provisos set out an un-waivable right of an author to claim at least 50% royalties for the utilization of the underlying musical and literary work. The same has also been upheld by the Intellectual Property Appellate Board, New Delhi (" IPAB ") in the case of Music Broadcast Ltd. vs. Tips Industries Ltd. and Ors. 4 (" Tips Case "). In this case IPAB adjudicated on several applications filed by the Music Broadcast Ltd. under Section 31(D) of the Copyright Act seeking statutory license for broadcasting of literary, musical works and sound recording and to fix the royalties to be paid to assignees of the copyright for radio broadcast of sound recordings to the public. The Indian Performing Rights Society (" IPRS ") vide an intervention application raised the issue that the royalty in the underlying works i.e. lyrics and musical composition of sound recording with respect to the radio broadcast should also be fixed independently at the time of fixing the royalties of the sound recording.

IPAB in the Tips Case while considering the arguments and suggestions of IPRS, vide its judgment dated 31 December 2020 observed that royalty payments to an author for the underlying musical or literary work (forming part of sound recording or a cinematographic film) is a mandatory obligation levied by the provisos 3 and 4 of Section 18 ( Assignment of copyright ) and sub-Sections 9 and 10 of Section 19 ( Mode of assignment ) of the Copyright Act.

However, contrary to the ruling in Tips Case, the DHC (single judge) in both Entertainment Network Case and the PPL Case while adjudicating a similar question reached at a conflicting position.

The Entertainment Network Case was filed by IPRS against a radio broadcaster for violating the terms of license. The broadcaster was permitted to broadcast in seven cities, however the sound recording was broadcasted in three new cities without obtaining any permission. IPRS claimed that there was exploitation of the sound recording as well as the underlying work and demanded the royalty for both these works separately. On the other hand, in the PPL Case, Phonographic Performance Ltd. had filed a suit for exploitation of the sound recordings by a banquet hall without obtaining the requisite licenses / permission. It was also claimed that the alleged exploitation also extends to the underlying work and thus a separate license fee must be paid. The DHC (single judge) vide a common judgment dated 4 January 2021 distinguished the sound recording from the underlying music and literary work and held that the authors of the underlying work shall have no claim or right in the exploitation sound recording.

The Entertainment Network Case / PPL Case thus created a conundrum with regards to the un-waivable right of the authors of the underlying work to claim royalties. The ruling is contrary to the intent of the legislature. The judgment delivered by the DHC (single judge) along with the IPAB judgment in Tips Case has been challenged before the Division Bench in the case titled, The Indian Performing Right Society Ltd. and Ors. vs. Entertainment Network (India) Ltd. and Ors. , and is pending adjudication.

ROYALTY & AUthors: AN unREALISED ENTITLEMENT

Royalty: who owes and who pays?

The standard industry practice in the licensing of the copyright include only two parties to the Contract, i.e. utilizer / broadcaster and the assignee / producer. Usually, the assignee / producer and utilizers / broadcasters don't include the authors of the underlying works or copyright societies (on their behalf) in the contract for obtaining a license. A direct license is given by the producer for utilization of sound recording without accommodating entitlement of the authors under the provisos. Copyright societies like IPRS become relevant for the authors of the underlying works who struggle to claim royalty from producers who carry dominance and disproportionate bargaining power in the industry. The authors are unable to claim royalty entitlement from the utilizer / broadcaster due to ambiguity in the language of the provisos.

Sound recording v. Literary and musical work

In order to understand the above issue, it is pivotal to first understand whether 'sound recording' is considered a distinct and separate work. The same was partly discussed in Entertainment Network / PPL Case and the DHC (single judge) observed that the sound recordings are not just a sum total of lyrics and musical work only, it is something besides the literary and musical works therein. It is a distinct work (from literary or musical works) produced by the producer who makes the amalgamation of the lyrical work, musical work and sound recording commercially viable and communicable to public. Therefore, law recognizes an independent right on sound recordings.

Licensing of a sound recording to a utilizer does not mandate separate licensing or assignment of the copyright in the underlying works

Division Bench of the DHC in the case of IPRS vs. Aditya Pandey 5 which was later affirmed by the Supreme Court of India in the case of ICSAC vs. Aditya Pandey 6 held that the law does not mandate separate licensing of the copyright of the underlying work and the licensing of the copyright in the sound recording should suffice. There exists no requirement for the payment of the separate licensing fee for the underlying works by a utilizer if a licensing fee / royalty has been paid on the assignment of the copyright in the sound recording.

The IPAB, in the Tips Case similarly observed that the payment by the utilizer / broadcaster shall be termed as royalty for the utilization of the sound recording as well as for the underlying work therein within the meaning of the provisos 3 and 4 to Section 18. The IPAB in the Tips Case referred to the Lok Sabha debates and the report of the Standing Committee of the Parliament 7 to ascertain the legislative intent. The IPAB found that the amendments were brought in to recognize the independent right of the authors of the underlying works to receive royalties for the exploitation of the works without affecting the rights of the assignee / producer in the principal work. However, nowhere in the Amendment Act, interpretation of the amendments by the courts and tribunals, and legislative debates and reports, it appears that a separate licensing or assignment of the copyright in the underlying works is required.

Therefore, it can be interpreted that the license fee payable for the principal work (sound recording or a cinematographic film) by the utilizer covers the license fee for the licensing of the underlying work.

Understanding 'equal basis' in the provisos

A plain reading of the provisos 3 and 4 of Section 18 will clarify that the royalties received in respect to utilization of a sound recording or a cinematographic film (except when displayed in a cinema hall) has to be shared at least on an 'equal basis' between an assignee and the author. The provisos do not use the term ' pay ' on an equal basis but uses ' share ' which undisputedly should mean that obligation is on the party which in the first place has received the royalty to share it equally as against the utilizer / broadcaster, who pays the royalty. Consequently, any royalty paid by a utilizer to an assignee under the contract executed between these two parties should by itself include the royalty entitlement of the author as well and there should be no obligation on a utilizer to pay royalty separately to the author who is alien to the aforementioned contract.

The above discussions avails support from the legislative intent behind introducing provisos 3 and 4 vide the Amendment Act. Mr. Kapil Sibal while introducing the Copyright (Amendment) Bill, 2012 in the Lok Sabha stated that the government intends to:

" ensure that the authors are the owners of the copyright and whereas the copyright can be assigned, the right to royalty cannot be assigned " and " the producer and the authors must share that royalty in equal measure ".

Additionally, Mr. Shashi Tharoor, member of the Parliament also opined that:

" There are essentially two rights at stake here. There is the sound recording and there is the underlying work, the composition, the tune. When a song is played anywhere, on radio, on your computer, on your ringtone of your cellphone, really two sets of royalties have to be generated; two sets of people have to be rewarded. One is those who have done the recording, that is the producer, perhaps the company, and the other is those who have done the performance, the lyricist and the composer. "

Therefore, from the above it is apparent that the royalty paid by a utilizer of the principal work ( i.e. sound recording or a cinematographic film) to an assignee covers the royalty of an underlying author. Accordingly, it is the liability of the assignee to share (not pay) the royalty received from the utilizer on equal basis with the underlying authors. No claim for royalties should lie from an author against the utilizer / broadcaster of the principal work.

Assignment in cases of copyright societies

From the above discussions and the bare perusal of the provisos, it can be said that the obligation to pay or share the royalties with the authors of the underlying work is on the assignee / producer and not on the utilizer / broadcaster. However, in cases where the copyright societies are engaged by the authors of the underlying work, the manner of distribution should not be any different. The flow of the royalty would remain the same. The utilizer / broadcaster will pay the copyright society (which is typically not the case since broadcasters as a standard practice obtain the necessary license from the producers) which will in turn be distributing the due share of royalty amongst the beneficiaries.

During the Lok Sabha debates, Mr. Kapil Sibal discussed this issue while answering the question raised by Mr. Tathagata Satpathy with regard to the division of the royalty amount, " how will it be divided? " In response to this question Mr. Kapil Sibal responded:

" With regard to the question how these royalties are to be distributed, these are to be distributed by the Copyright Society. For example, fifty per cent of royalties will be collected by authors and composers but they will share these 25 percentage. So, that is also provided by the Copyright Society itself. "

Rights of non-signatory author to a contract between the assignee / producer and the utilizer / broadcaster

It is undisputed that the sound recording is a distinct work which in itself is an amalgamation of literary and musical works. The assignment of the sound recording requires no separate assignment of the underlying works therein. This has led to a prevalent practice in the industry wherein the contracts entered into by the assignee / producer with the utilizer / broadcaster for the licensing of the sound recording or cinematographic film do not recognize or acknowledge the rights of the authors.

As a general rule it is not open to a non-signatory to a contract to claim any right or reap benefits out of it, unless the contract specifically sets out a non-signatory as a beneficiary in the contract itself. However, it can be argued that since the right of the underlying author to claim royalties emanates from a statute (proviso 3 and 4 of Section 18), it will have an overriding effect to the contractual rights of signatory of the contract. Reliance in this regard is placed upon the case of Universal Petrochemicals Ltd. vs. Rajasthan State Electricity Board 8 , wherein the High Court of Calcutta held that " We make it clear that the statutory provision will obviously override any agreement between the parties and a private contract cannot override a statute " and on Kajal Aggarwal vs. The Managing Director, M/s V.V.D. & Sons P. Ltd. 9 by the High Court of Madras wherein it was observed that " when there is a conflict between the contractual provisions and statutory provisions, it is only the statutory provision that would prevail and not the contractual provisions agreed to between the parties ".

Nonetheless, the authors of the underlying work can claim share in royalties in the utilization of their work from the contract between the assignee / producer and utilizer / broadcaster. Since the right to receive royalty to be shared on equal basis is a statutory right between the author of the underlying work and the assignee / producer as opposed to the 'right to claim royalty from the broadcaster / utilizer' or 'liability on the broadcaster / utilizer to pay', the obligation to share the royalty with the authors of the underlying works is placed upon the assignee / producer and not upon the utilizer / broadcaster. This can also be inferred from the Tips Case wherein it was held that the payment by the utilizer / broadcaster shall be termed as royalty for the utilization of the sound recording and the underlying works therein within the meaning of the provisos. Contrariwise, the right to receive royalty shall be shared by the assignee and the authors of the underlying works.

A prudent and the logical reading of the provisos would mean that the extent of the claim of royalty by the authors of the underlying works lies till the assignee / producer. The underlying authors need not be a party to the contract between the assignee / producer and the broadcaster / utilizer and certainly need not to raise a claim to royalty as a third party to the contract.

CONCLUSION AND ANALYSIS

The provisos though appears to be a prescient approach taken by the legislature (almost a decade back) to safeguard the rights of authors of underlying work in a principal work, however the fruits of the said amendment seem to be motionless. This is especially due to absence of critical jurisprudence addressing the complex issues (both legal and practical) revolving around the amendment or on which the amendment lacks clarity.

In the backdrop of above discussion, it is clear that certain critical gaps and unresolved issues emanating from the Amendment Act continues to haunt the effective implementation of the beneficial legislative intent behind it. Nonetheless, the absurdity follows from the interpretation of the amendment by the DHC (only to the extent), wherein the DHC held that the authors of the underlying work shall have no claim or right in the exploitation of the principal work. The proviso 3 and 4 of the Section 18 appears to be quite clear with regards to the 'un-waivable right' of an author of the underlying work in the share of royalty arising from the utilization of work.

While it may be difficult to predict what the Division Bench of DHC may rule, a holistic reading of the subject would recognize the rights of the authors of underlying works in accordance with the amendments brought in by the legislature in 2012 and align the position of law as intended by and captured in the Lok Sabha debates and the Standing Committee Report.

Be it as it may, the other issues are of far more practical relevance. The authors' right to receive royalties are to be shared by the assignee / producer. The share in the royalty has to be claimed by authors of the underlying work from the assignee / producer itself and the liability to pay royalties directly to the said authors is not levied on the utilizer / broadcaster. Any royalty released by the utilizer / broadcaster with regard to the utilization of the principal work is inclusive of the share of the author of the underlying works. In this regard, there exist no legal requirement on the utilizer / broadcaster to seek separate license or assignment of the copyright in the underlying works during the licensing or assignment of the principal work. However, it is important for the effective implementation of the Amendment Act that the legislature or the Court to establish the proper chain of flow of royalty. The obligation to pay royalty lies on the utilizer / broadcaster to pay the assignee / producer which will in turn be sharing it with the authors of the underlying works.

1. Proviso 3: Provided also that the author of the literary or musical work included in a cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilisation of such work in any form other than for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution and any agreement to contrary shall be void.

Proviso 4: Provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilisation of such work except to the legal heirs of the authors or to a collecting society for collection and distribution and any assignment to the contrary shall be void.

2. MANU/DE/0002/2021.

3. Lok Sabha Debates, Fifteenth Series, Vol. XXVI, Tenth Session, 2012, No. 34, (May 22, 2012).

4. MANU/IC/0068/2020.

5. 2012 SCC OnLine Del 2645.

6. (2017) 11 SCC 437.

7. Department - Related Parliamentary Standing Committee on Human Resource Development 227 th Report on The Copyright (Amendment) Bill, 2010 (November 23, 2010).

8. 2001 SCC Online Cal 179.

9. 2017 SCC OnLine Mad 3128.

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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Assignment and Licensing of Copyright

In today’s digital age, where information and creative works flow freely across platforms, understanding the intricacies of assignment and licensing of copyright is more crucial than ever.

Copyright, the legal protection bestowed upon original artistic, literary, and intellectual creations, grants creators exclusive rights to control the distribution, reproduction, and adaptation of their works.

However, creators often navigate a complex landscape when it comes to sharing their creations or permitting others to use them.

This article delves into the fundamental concepts of copyright assignment and licensing, shedding light on the nuanced processes that underpin the transfer and management of creative ownership.

Note: Here in this article, the Indian Act implies the Copyright Act, 1957.

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Assignment of copyright (section 18): navigating ownership transfer.

When it comes to copyright ownership, creators hold the power to assign their rights to another individual.

Such an assignment has significant implications, as the assignee then gains all the rights associated with the copyrighted work.

However, it’s essential to note that simply granting the right to publish and sell the work does not amount to a complete assignment of copyright.

Once the assignee receives certain rights encompassed within the copyright, they are considered the rightful owners of those specific rights.

Meanwhile, the assignor retains ownership of any unassigned rights.

If the assignee passes away before finishing the work, their legal representatives will receive the assignment benefits.

Untangling Copyright Assignments: The Case of Video Master v. Nishi Production

The Bombay High Court was presented with a crucial question in this case: whether the assignment of video rights includes the right to satellite broadcast?

In this case, the defendant put forth a compelling argument, highlighting the existence of diverse communication modes available to the public, including terrestrial television broadcasting (Doordarshan), satellite broadcasting, and video TV.

The court ultimately sided with the defendant, acknowledging that each mode of communication constituted a distinct form of copyright protection.

As such, the owner of a film possessed separate copyright for each communication mode and retained the ability to assign these rights to different individuals.

Consequently, the court concluded that the satellite broadcast copyright of the film was an independent right held by the film’s owner.

Therefore, the copyright assigned to the plaintiff solely covered the video rights and did not include the rights for satellite broadcast.

This case serves as a compelling example, underscoring the intricate nature of copyright assignments.

It highlights the significance of comprehending the specific rights involved in such assignments and the need for meticulous agreements to safeguard the interests of all parties involved.

Decoding the Mode of Copyright Assignment (Section 19)

Section 19 of the Indian Act delves into the intricacies of copyright assignment, outlining crucial guidelines to ensure its validity.

According to this section, an assignment of copyright must fulfill certain requirements to be considered legally binding.

Firstly, it must be in writing and bear the signature of the assignor or their authorised representative.

The assignment document should clearly identify the specific work being assigned and specify the nature of the rights being transferred.

It should also define the duration and territorial scope of the assignment.

Additionally, the document must address the issue of royalty payments, if applicable, detailing the amount payable to the author or their legal heirs throughout the duration of the assignment.

The terms of the assignment can be revised, extended, or terminated by mutual agreement.

In the absence of a stipulated assignment period, the standard duration will commence from the date of the assignment and last for five years.

In the absence of specific information regarding the territorial scope of the assignment, it will be presumed to cover the entire area of India.

Section 19(8) states that the assignment of copyright work in violation of the agreement with a specific copyright society, of which the author is a member, will be invalid.

Sections 19(9) and 19(10) state that assigning a copyright for cinematograph films or sound recordings does not diminish the author’s right to an equal portion of royalties and compensation for the use of their protected work.

Examining Copyright Assignments: Insights from Saregama India Ltd v. Suresh Jindal

This case established that the copyright owner of a future work holds the right to assign its exclusive rights, either in its entirety or partially, to any individual.

This assignment can cover the entire duration of the copyright or only specific portions of it.

Once the assignment is made, the assignee is legally recognised as the owner of the copyright under the provisions of the applicable law.

This ruling highlights the flexibility provided to copyright holders, allowing them to transfer their rights to others, thereby granting the assignee the authority to exercise control over the copyrighted work.

Such assignments enable the assignee to enjoy the benefits and protections offered by the Indian Act and assert their ownership rights.

Related Article: Difference Between Authorship and Ownership in Copyright Law

Section 19a Deals with Resolving Copyright Assignment Disputes.

Section 19(a) addresses the resolution of disputes related to the assignment of copyright.

In the event of a complaint from the assignor, the Appellate Board has the authority to investigate the matter and, if necessary, revoke the assignment.

This action can be taken if the assignee fails to adequately exercise the rights assigned to them, and this failure cannot be attributed to any act or omission on the part of the assignor.

When a dispute arises regarding the assignment of copyright, the aggrieved party can approach the Appellate Board with a complaint.

The Board will conduct an inquiry and gather the necessary information to make an informed decision.

This inquiry may involve various aspects of the dispute, including the recovery of any outstanding royalties that may be owed.

Assignment by Operation of Law (Section 20): Transferring Ownership upon the Owner’s Death

Section 20 addresses the transfer of copyright ownership through the operation of law when the owner passes away, particularly in cases where no will has been executed.

In such instances, the copyright becomes part of the deceased owner’s estate and is inherited by their personal representative.

Furthermore, Section 20 clarifies that if an individual is entitled to receive copyright through a bequest, and the work in question had not been published before the testator’s death, there are specific considerations.

Unless the testator’s will or any codicil thereto states otherwise, the intended beneficiary is deemed to have copyright in the work to the extent that the testator held copyright immediately prior to their demise.

This provision ensures that the rights to the copyright are appropriately passed on to the rightful recipient, as per the intentions of the deceased copyright owner.

Licensing of Copyright

Licensing plays a vital role in the world of copyright, offering a pathway for creators and owners to grant permission to others for the use of their protected works.

Licensing allows individuals or entities to legally utilise licensed material while respecting the rights and interests of the original creator.

The copyright holder has the authority to issue licenses for any exclusive rights pertaining to their work.

The license has multiple categories.

Voluntary Licensing: Expanding Copyright Opportunities (Section 30)

The author has full ownership of their artistic creation and has the power to issue licenses pertaining to said work.

Section 30 of the Indian Act addresses the voluntary licensing of copyright.

Under this section, the owner has the ability to grant any interest in their copyright to another person through a written license.

This license must be duly signed by the content owner or their authorised representative.

It’s important to note that a license can be granted not only for existing works but also for future works.

In the case of future works, the license takes effect once the work comes into existence.

In the event that a licensee for a future work passes away before the work is realised, their legal representatives are entitled to the benefits of the license, unless otherwise specified.

The process of obtaining a license shares similarities with that of an assignment deed, and may require certain adjustments, as detailed in Section 19 (Section 30A).

Therefore, a license deed should include essential details such as:

• Duration of the license
• Rights being licensed
• Territorial extent of the license
• Amount of royalty payable
• Terms regarding revision, extension, and termination

By adhering to these particulars, both the owner and the licensee can establish clear and comprehensive agreements, allowing for the authorised use of copyrighted material while safeguarding the interests of all parties involved.

Exploring the Spectrum of Voluntary Copyright Licenses

Here are some common categories of voluntary licenses:

• Exclusive License: An exclusive license, as defined in Section 2(j), grants the licensee and those authorised by them the exclusive rights encompassed within the copyrighted work. This exclusivity means that no other individuals or entities can exercise the same rights granted by the license.
• Non-Exclusive License: A non-exclusive license does not bestow the right of exclusion. It represents a granting of authority to perform a specific action that would otherwise be considered an infringement. When the owner grants a non-exclusive license, they retain their rights and economic claims on the work while permitting others to utilise it within the parameters specified in the license.
• Co-Exclusive License: In a co-exclusive license arrangement, the licensor grants licenses to multiple licensees but limits the group of additional licensees to a specific, defined set. This arrangement ensures that only a select group can obtain licenses for the work, maintaining a sense of exclusivity within that limited scope.
• Sole License: A sole license provides exclusive rights to both the licensor and the licensee, excluding any other third party from utilising the licensed work. It establishes a unique arrangement wherein only the licensor and licensee possess the authority to exercise the granted rights.
• Implied License: An implied license arises when the author implicitly allows or permits the use of their work. For example, if the author has knowledge of someone using their work but takes no action to prevent it, an implied license can be inferred.

Compulsory License

India, as a member of the Berne Convention, has included the compulsory license provision in the Indian Act.

The Act outlines circumstances under which a compulsory license may be granted for Indian work in the public interest.

Granting Compulsory Licenses for Withheld Works from Public

The Indian Act includes provisions for the issuance of compulsory licenses in cases where a work has been published or performed in public but is being withheld from the public.

This empowers the Appellate Board to direct the Registrar to grant a license upon receiving a written complaint under the Act.

However, certain conditions must be met before the Board exercises its power.

These conditions include approaching the owner of the work for a license and the owner refusing to publish or allow the republication of the work, thereby withholding it from the public.

In situations where multiple complaints are filed, the license will be granted to the complainant deemed by the Copyright Board to serve the interests of the general public.

Case: Super Cassette Industries Ltd v. Entertainment Network (India) Ltd

This case sheds light on the application of Section 31.

The respondents, operating a radio FM channel known as Radio Mirchi, attempted to obtain a license from Super Cassette Industries Ltd (SCIL) to play their sound recordings but were unsuccessful.

The decision to grant a compulsory license by the Copyright Board was challenged in the Delhi High Court.

During the deliberations, the court observed that if compulsory licenses were to be granted to all, there would be no need for the inquiry outlined in this Section. The court also emphasised that when copyright is in the public interest, refusal to grant a license must be based on reasonable and valid grounds.

The Copyright Board must maintain a balance between private rights and copyright with regard to the public interest when executing an order under the said Section.

Consequently, the case was remanded to the Copyright Board for further examination and reconsideration.

This case highlights the significance of compulsory licensing provisions in addressing situations where works are wrongfully withheld from the public.

It underscores the need for careful evaluation and consideration of the competing interests involved in such decisions.

For Unpublished or Published Works (Section 31-A)

Section 31-A of the Indian Act addresses the circumstances where the author of a work is deceased, unknown, untraceable, or where the copyright owner cannot be located.

In such cases, any individual can seek a license from the Copyright Board to publish the work or its translation in any language.

Before applying for the license, the applicant must publicly announce their proposal in a daily newspaper published in the relevant language.

To complete a Board application, one must adhere to the specified format, submit the appropriate fee, and provide a copy of the published advertisement.

Upon receiving the application, the Board conducts the necessary inquiries as mandated by the law.

If satisfied with the applicant’s case, the Board directs the Registrar of Copyright to grant a license to the applicant for publishing the work or its translation.

The license is subject to the payment of royalties and compliance with any other specified conditions.

For the Advancement of Disabled Persons (Section 31-B)

Section 31-B of the Indian Act provides an avenue for individuals or organisations working for the betterment of persons with disabilities, either for profit or business purposes, to seek a compulsory license from the Appellate Board.

This license enables them to publish works protected by copyright for the exclusive benefit of such individuals.

To initiate the process, the applicant must follow the prescribed procedure and submit an application to the Appellate Board.

Upon review, if the Board finds merit in the application, it may grant a compulsory license for the publication of the copyrighted work.

In cases where a compulsory license has already been granted, the Board has the authority to consider further applications.

After providing a reasonable opportunity for the owners of the rights to be heard, the Board can extend the duration of the compulsory license and permit the issuance of additional copies as it deems appropriate.

Section 31-C Outlines the Statutory License for Cover Versions.

Section 31-C of the Indian Act establishes provisions for making cover versions of literary, dramatic, or musical works.

A cover version refers to a sound recording created in accordance with this section, with the consent or license of the original work’s owner.

To create a cover version, the person must provide prior notice to both the copyright owner of the work and the Registrar of Copyright, at least 15 days before commencing the recording.

Additionally, the person making the cover version must furnish advance copies of the covers intended for sale or pay royalties in advance.

A minimum royalty is necessary for each work, which must be paid for at least fifty thousand copies of the sound recording per year.

This ensures that appropriate compensation is provided to the copyright owner for the use of their work in cover versions.

The Delhi High Court, in the case of Star India Pvt Ltd v. Piyush Aggarwal, clarified that the term “sound recording” includes subsequent original sound recordings made from musical and literary works, commonly known as version recordings.

These version recordings are created after the initial sound recording and utilise musical and literary works.

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording

Section 31-D of the Indian Act provides a framework for statutory licensing that enables broadcasting organisations to communicate published works to the public through television or radio broadcasts, as well as performances of published musical and lyrical works and sound recordings.

To utilise this statutory license, the broadcasting organisation must provide prior notice to the owners of the copyrighted works, specifying the duration and territorial coverage of the intended broadcast.

In return, the organisation is obligated to pay royalties to the owners for the use of their copyrighted works.

It is important to note that the rates of royalty differ between television broadcasting and radio broadcasting.

As a part of the royalty rate determination process, the Copyright Board may ask for an advance deposit from the broadcasting organisation to the rights owner.

By establishing a clear mechanism for licensing and royalty payments, this provision strikes a balance between the interests of broadcasting organisations and the rights of copyright holders.

License to Create and Publish Translation of Literary or Dramatic Work in any Language

Section 32 of the Indian Act outlines the provisions for obtaining a license to produce and publish a translation of a literary or dramatic work.

After a period of seven years from the first publication of a work, any person can apply to the Copyright Board for such a license.

In the case of non-Indian works, the application for a translation license can be made after three years after the first publication of the work.

This applies to translations in printed or analogous forms of reproduction of literary or dramatic works in any language commonly used in India.

The purpose of such translations should be for teaching, scholarship, or research.

The application request for translation can be submitted one year after the publication of the work if it is in a language that is not widely spoken in any developed country.

Section 32 aims to promote the availability of translated literary and dramatic works by granting licenses for their production and publication.

By allowing translations into various languages, the Act supports educational, scholarly, and research endeavors.

License to Reproduce and Publish Works for Specific Objectives

Section 32-A of the Indian Act deals with the provisions for obtaining a license to reproduce and publish certain works.

It allows any person to apply to the Copyright Board for such a license after the relevant period from the date of the first publication of an edition of the work.

The application for a license can be made if the copies of the edition are not available in India or have not been put on sale to the general public or for systematic instructional activities within India for a continuous period of six months.

The price of such copies should be reasonably related to the prevailing market rates for similar works in India, as determined by the owner of the reproduction rights or any authorised person.

The prescribed periods for different types of work are as follows:

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

The assignment and licensing of copyright in India play a crucial role in the protection and management of intellectual property.

These legal mechanisms provide a framework for dealing with copyright and ensuring the rights of authors and owners are respected.

The assignment involves the transfer of ownership and a bundle of rights associated with the copyrighted work.

It grants the assignee sole authority and exclusive rights, allowing them to control and enforce the economic rights of the work.

On the other hand, licensing allows the copyright owner to grant permission to another person by license while retaining ownership.

Licensing arrangements vary, from exclusive licenses that confer exclusive authority to non-exclusive licenses that allow multiple parties to use the work.

The license agreement specifies the terms, including the quantum of royalty and the mode of license.

These licensing arrangements also extend to broadcasting licenses, granting broadcasting rights to transmit works to the public.

It is essential to balance the level of originality and the protection of copyright while facilitating the dissemination of creative works to benefit society.

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What is the difference between assignment and licensing of copyright?

The assignment involves the transfer of ownership and a bundle of rights associated with the copyrighted work, while licensing allows the owner to grant permissions to another person while retaining ownership of the copyright.

What rights does an assignee have in copyright?

An assignee has exclusive authority and control over the economic rights associated with the copyrighted work, including the right to reproduce, distribute, and publicly display the work.

What rights are granted in a license agreement?

The rights granted in a license agreement can vary depending on the terms negotiated between the copyright owner and the licensee. It may include the right to use, reproduce, distribute, display, or perform the copyrighted work.

What is the role of royalties in licensing?

Royalties are the payments made by the licensee to the copyright owner for the authorised use of the copyrighted work. The quantum of royalty is typically specified in the license agreement.

Can licensing arrangements include broadcasting rights?

Yes, licensing arrangements can include broadcasting rights, allowing broadcasters to transmit copyrighted works to the public through television or radio.

Broadcasting licenses specify the duration and territorial coverage of the broadcast.

Write three key features of a copyright assignment agreement.

a. Ownership can be assigned either fully or partially.

b. The assignment needs to include information regarding the length of time required.

c. It is important to specify the territorial extent of the assignment.

Further Reading

• Compulsory Licensing in Copyright
• Assignment of Copyright: Understanding Transfer of Rights
• Transmission of Copyright
• Copyright All Rights Reserved: Explained
• Statutory License Copyright India
• How to Copyright Your Work
• How to Get a Copyright License: A Comprehensive Guide
• Exclusive Copyright License
• Music Copyright License Fees

About the Author

Manish jindal.

Manish Jindal is a Co-Founder and COO of Bytescare, with expertise in investment banking and a CFA Charterholder. He actively advises startups, offering guidance in fundraising, team setup, and growth strategies.

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Ceo impersonation fraud: tips to protect your company, cyber impersonation laws: an overview, can you sue someone for impersonating you, ready to secure your online presence.

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Assignment Of Copyright Section 18

Description assignment copyright file.

Assignment of copyright section 18 refers to a specific provision within copyright law that governs the transfer of ownership or rights in an original creation from one party to another. This section plays a vital role in the realm of copyright, as it outlines the requirements and implications associated with assigning copyright. Section 18 of the copyright law often differs from country to country, but the general principle remains consistent. It safeguards the rights and interests of creators while allowing them to transfer or assign their copyrights to another entity or individual. Under section 18, the assignment of copyright typically involves a legal agreement between the copyright owner (assignor) and the party receiving the copyright (assignee). This agreement outlines the terms and conditions of the transfer, including the scope of rights being assigned, any restrictions or limitations, and any financial considerations, such as royalties or compensation. There are various types of Assignment of copyright under section 18, including: 1. Complete Assignment: When the copyright owner assigns all their rights in the work to another party, granting them full ownership and control over the copyright. This type of assignment is often seen when a creator sells their copyright to a publisher or a production company. 2. Partial Assignment: In this case, the copyright owner transfers only a portion of their rights to another party. For example, a songwriter may assign the reproduction rights of their music to a record label while retaining the right to perform the songs live. 3. Exclusive Assignment: This type of assignment grants exclusive rights to the assignee, prohibiting the copyright owner from exercising any copyright-related activities. The assignee becomes the sole entity authorized to use, distribute, or profit from the copyrighted work. 4. Non-exclusive Assignment: Unlike exclusive assignment, non-exclusive assignment allows the copyright owner to assign their copyright to multiple parties simultaneously. This means they can enter into agreements with different entities or individuals without any restriction. Section 18 of the copyright law serves as a crucial legal framework that ensures the proper transfer and management of copyrighted works. It protects the interests of both parties involved and upholds the principles of copyright ownership and protection.

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Entry. Advanced Notice: There is no state law in Wyoming requiring landlords to give advance notice before entering a property. Permitted Times: Wyoming state law does not designate any time-of-day restrictions for entering. Emergency Entry: There are no laws in Wyoming regarding emergency entry without notice.

What is quiet enjoyment in Wyoming?

Duty of Quiet Enjoyment Under the common law, the relationship of landlord and tenant raises an implied promise by the landlord that he will protect the tenant from any disturbances that are caused or approved by him and that interfere with the tenant's quiet enjoyment of the apartment.

Which of the following leases must be written?

California's Statute of Frauds requires a lease to be in writing if it either: 1. has a term longer than one year; or 2. has a term less than one year which expires more than one year after the agreement is reached.

Does Wyoming have rent control?

Because Wyoming does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes.

Can I break my lease in Wyoming?

Under the Wyoming Safe Homes Act, a tenant may break their lease and not be liable for rent after they vacate the premises if: There is an imminent threat of domestic abuse or sexual violence, or a prior record of these things, and; ? Tenant gives 7 days written notice to landlord prior to leaving.

Can a landlord break a lease in Wyoming?

A landlord is also permitted to terminate the rental agreement with an Unconditional Quit notice. Wyo. Stat. §§ 1-21-1002 to 1-21-1003.

How do you make a lease?

How to Write a Lease Agreement Step 1: Outline your lease agreement. Lease agreements should be organized, clear, and easy to read for both parties. ... Step 2: Determine important provisions. ... Step 3: Construct your lease clauses. ... Step 4: Consult local laws or a local real estate lawyer. ... Step 5: Formatting and fine-tuning.

What is a 30 day notice to vacate in Wyoming?

Tenants can use the Wyoming Tenant Notice to Vacate Form to inform landlords and property managers of their intention to vacate the rental property at least 30 days before they intend to move out, or longer if required by the terms of their Wyoming Lease Agreement.

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Assignment Copyright Fillable Interesting Questions

What is assignment of copyright.

Assignment of copyright refers to the transfer of ownership of the exclusive rights of a creative work from the original creator or owner to another party.

Why would someone assign their copyright to someone else?

There could be various reasons for assigning copyright, such as selling the rights to another individual or entity, granting permission for others to use the work, or transferring rights as part of a business transaction.

What are the exclusive rights associated with copyright?

The exclusive rights of copyright include the rights to reproduce, distribute, display, perform, and create derivative works based on the original work.

Can copyright assignment be done orally or does it need to be in writing?

It is highly recommended to have a written agreement for copyright assignment to avoid potential disputes in the future. Some jurisdictions may require written assignments to be legally enforceable.

Can a copyright assignment be limited to certain rights or specific uses?

Yes, a copyright assignment can be tailored to specific rights or uses. It is possible to assign only a portion of the rights or limit the assignment to a particular geographic area, time period, or media format.

If I assign my copyright to someone, do I still hold any rights?

When you assign your copyright, you transfer all or some of your rights to another party, as specified in the agreement. You may retain some limited rights if explicitly stated in the assignment agreement.

Is it possible to assign copyright to multiple parties simultaneously?

Yes, copyright can be assigned to multiple parties simultaneously, either as joint owners or through separate agreements with different rights and limitations applicable to each party.

What happens if the assignee does not fulfill their obligations or breaches the assignment agreement?

In such cases, the original copyright owner may have legal recourse to terminate the assignment, seek damages, or enforce specific performance as outlined in the assignment agreement or applicable laws.

Can copyright assignment be revoked or terminated?

In certain situations, copyright assignment can be revoked or terminated if specified conditions are met. However, this may vary depending on the laws of the jurisdiction and the terms of the assignment agreement.

Do I need legal assistance when drafting a copyright assignment agreement?

Although it is not mandatory, seeking legal assistance is advisable to ensure that the copyright assignment agreement is properly drafted, encompasses all necessary terms, and aligns with your specific requirements.

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