Assignment of Copyright: Understanding Transfer of Rights

In the dynamic field of creativity and intellectual property, the assignment of copyright plays a key role in granting control and ownership over original works.

When creators produce literary, artistic, musical, or other creative expressions, they hold certain exclusive rights that can be transferred to others through copyright assignment.

This process facilitates the transfer of ownership, enabling individuals, organisations, or entities to exercise the rights pertaining to copyrighted works.

In this article, we look into the fundamentals of copyright assignment, its significance, and the considerations involved in effectively transferring these valuable rights.

Assignment of Copyright under Copyright Act 1957: Ownership Transfer and Limitations

The person who owns the copyright of an existing work or may own the copyright of a future work has the right to transfer the copyright to someone else.

This assignment can be total or partial, broad or subject to limitations, and cover the entire duration of the copyright or only a portion of it.

It’s important to note that in the case of assigning the copyright for future work, the assignment only takes effect once the work is created and in existence.

Additionally, an assignment of copyright cannot be applied to any medium or mode of exploitation that didn’t exist or wasn’t commercially used at the time of the assignment, unless the assignment specifically mentions such a medium or mode of exploitation.

Authors of literary or musical works featured in films are unable to give up their right to receive royalties, except when the work is publicly communicated in a cinema hall alongside the cinematographic film.

This right to royalties should be shared equally with the assignee of copyright, unless it is assigned to the legal heirs of the authors or a copyright society for collection and distribution.

Any agreement to the contrary will be considered void.

Similarly, authors of literary or musical works included in original sound recordings (but not part of any cinematograph film) cannot assign or waive their right to receive royalties, except to their legal heirs or a collecting society for collection and distribution.

Any assignment conflicting with this provision will be deemed void.

Sections 18 (2) and 18 (3)

When an assignee is granted rights under copyright law, they are considered the legal owners of those specific rights.

Conversely, the assignor retains ownership of the copyright for any rights that have not been assigned.

If the assignee passes away prior to the completion of the work, their legal representatives will receive the benefits of the assignment.

Mode of Assignment of Copyright (Section 19)

• A written agreement, signed by the assignor or their authorised agent, is necessary for the assignment of copyright in any work to be legally valid.
• The assignment of copyright to a work must clearly identify the specific work being assigned. Additionally, the agreement should explicitly state the rights being assigned, along with the duration and territorial extent of the assignment.
• The assignment of copyright in any work must also specify the amount of royalty and any other consideration to be paid to the author or their legal heirs during the assignment period. The agreement allows for the possibility of extending, revising, or ending the assignment based on mutually agreed-upon terms.
• If the assignee fails to exercise the rights assigned to them within one year from the date of assignment, the assignment of those specific rights will be considered expired after the expiration of the one-year period, unless otherwise stated in the assignment agreement.
• The period of Assignment will be 5 years from the assignment date, unless otherwise stated. This ensures a reasonable timeframe for the assignee to exercise the assigned rights before the assignment expires.
• If the territorial scope of the rights assignment is not specified, it will be presumed to cover the jurisdiction of India. This presumption ensures that the assignment is applicable within the country, unless stated otherwise.
• The provisions stated in sub-sections (2), (3), (4), (5), and (6) shall not apply to assignments made prior to the enactment of the Copyright (Amendment) Act, 1994 (38 of 1994).
• A copyright assignment in a piece of work that conflicts with the conditions of rights already given to a copyright society to which the author belongs would be ruled invalid.
• The assignment of copyright in a work for the purpose of creating a cinematograph film does not diminish the right of the author to receive an equal share of royalties and consideration in the event of the work’s utilisation in any form other than its public communication alongside the cinematograph film in a cinema hall.
• The author’s entitlement to receive an equal share of the royalties and other considerations payable for the use of the work is unaffected when the copyright to a work is transferred for the purpose of producing a sound recording that isn’t featured in a film.

Disputes Regarding Copyright Assignments (Section 19a)

According to Section 19(a) of Copyright Act, 1957, if the assignee fails to adequately exercise the rights assigned to them without any fault on the part of the assignor, the Appellate Board has the authority to revoke the assignment.

Upon receiving a complaint from the assignor, the Appellate Board will conduct an inquiry to determine the validity of the claim.

In the event of a dispute arising from the assignment of copyright, the Appellate Board has the power to issue appropriate orders after conducting a thorough inquiry based on a complaint filed by the aggrieved party.

These orders may include provisions for the recovery of any outstanding royalties that are due.

Assignment by Operation of Law (Section 20)

When there is no valid will, the copyright ownership transfers to the personal representative of the owner after their demise, as a component of the estate.

As per the copyright law’s Section 20, if a person inherits the copyright and the work has not been published before the testator’s death, that individual will be considered the copyright holder to the extent that the testator owned the copyright unless the testator’s will or any codicil states otherwise.

This provision ensures that the rightful owner of the copyright is passed on in accordance with the intentions of the deceased copyright owner.

Moral Rights in Copyright Assignment

Authors maintain their moral rights regardless of whether they have assigned their copyright, as these rights are distinct from copyright.

• The creator of a work retains the right to be recognised as the author of the work;
• If the original work is distorted, modified, or mutilated, the creator has the right to seek damages;
• If the assignee’s actions or omissions cause harm to the creator’s reputation, the creator has the right to seek damages, provided such actions occur before the assignment term expires.

Copyright Assignment Recordal in India

In India, copyrights can be assigned either before filing a copyright application or after the copyright has been registered.

Before Registration:

• If the creator is not filing the copyright application, a third-party owner can do so by providing an assignment deed. This process is part of the copyright registration application.

After Registration:

• If the assignment occurs after registration, a request must be made using Form XV. This requires the following documents:
  • A notarised copy of the assignment deed
  • An affidavit stating no legal disputes related to the assignment exist
  • A power of attorney (original) if an agent is filing the request
  • A death certificate (attested copy) if the original copyright holder has passed away

Note: The specific requirements and procedures may vary slightly, so it’s advisable to consult with a legal professional or the Indian Copyright Office for the most accurate and up-to-date information.

What’s Next?

The assignment of copyright is an important aspect of copyright law that involves the transfer of ownership rights from the original owner to another party.

This transfer can be complete or partial, depending on the terms agreed upon between the parties involved.

The assignment must be done in writing, following the prescribed form, and signed by the assignor to be legally valid.

During the assignment, various elements need to be addressed, such as the duration of the assignment, termination on terms agreed upon, and the royalty payable to the original owner.

It is essential to clearly identify and specify the bundle of rights being transferred to the assignee to avoid any future disputes or copyright infringement issues.

Once the assignment is complete, the assignee becomes the new owner of the copyright, and the original owner may retain rights not assigned.

However, it is important to note that copyright protection remains in effect for a specific period of time, even after the assignment.

If the assignee does not utilise the granted rights within a year of the assignment, they will be considered expired.

Though you may assign your copyright, it is equally important to protect it from potential violations. For digital creatives, protecting their work is easier with Bytescare, which offers innovative solutions to prevent IP violation. We safeguards digital content using advanced technologies.

Book a demo to explore how we can protect your work and promote a copyright-respecting environment, even after the assignment process is complete.

FAQs