Assignment of Copyright in India

Copyright is a unique kind of Intellectual Property right which gives protection to original creator or author. Copyright is an exclusive right to reproduce or authorize another to reproduce artistic, dramatic, literary, or musical works. It is essential that work must show a minimum level of creativity and originality.

Once the copyright is registered by the owner that cannot be reproduced or published without the permission of the creator.

Also Read : How To Apply For Copyright Registration In India ? 

Crucial points for Copyright Assignment

1. The ownership of the copyright may be transferred wholly or partially.
2. While assigning copyright to the third party the owner must specify the amount of copyright. And that third party cannot further assign that copyright without the permission of the owner.
3. In case the assignment of copyright will take place in future then that assignment shall take effect only when the work comes into existence.
4. The assignment of copyright is legally valid only when it is signed by the assignor or by his authorised signatory.
5. The rights of the assignor of copyright shall be diluted to the extents of the rights assigned to the third party.
6. The assignment deed shall specify the territorial extent of such assignment.
7. The assignment shall further specify the assigned rights and the amount of royalty paid.
8. The assignment agreement shall be subject to revision, termination, extension on terms mutually agreed upon parties.
9. In case the assignee fails to exercise its power within 1 year of assignment then the assignment in respect of such right shall be deemed to be lapsed.
10. If the assignment is contrary to the assignment which is being mutually agreed by the parties then it shall deemed to be as void.
11. In case of Manuscript, copyright is a personal property and if it is to be transmitted then it can transmitted by testamentary disposition.
12. The equitable assignment is just the agreement to assign and not the assignment.
13. After the transmission of the copyright the assignee will get right of translation, adaptation, dramatic and filmmaking in the work.

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