Tag: Assignment of Copyright in India

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Assignment of copyright in India

assignment of copyright

Copyright is a unique kind of Intellectual property Rights. It gives exclusive right to a person to reproduce the work or that person can authorise another person to reproduce the work by way of assignment. But there should be some amount of creativity and originality in the said artistic work.

 

Crucial points that are included in case of Copyright assignment and they are as follows-

 

  1. The ownership of the copyright may be transferred wholly or partially.
  2. While transferring the copyright to third person, then the owner must specify the amount of copyright assignment.
  3. The assignment of copyright is valid only when it is in writing and signed by the assignor or his authorized agent.
  4. The rights of the assignor of the copyright shall be diluted to the extent of the rights assigned to the third parties.
  5. The rights of the assignor in the copyright shall be diluted to the extent of the rights assigned to the third party.
  6. The assignment deed shall specify the territorial extent of such assignment.
  7. The assignment deed must specify the assigned rights and royalties to be paid.
  8. The assignment agreement shall be subject to revision, extention or termination on terms mutually agreed upon the parties.
  9. If the assignor fails to exercise his rights within one year of the assignment, then it is deemed to assignment deed to be lapsed.
  10. In case the assignment undertaken is in contrary to the terms and conditions of the rights already assigned to a copyright society to which creator is a member, it shall be deemed void.
  11. In case of a manuscript, a copyright is a personal property of the owner, that can be transmitted through testamentary disposition.
  12. The equitable assignment is just the agreement to assign and not the assignment.
  13. After the assignment the assignee will get the rights of translation, abridgement, adaptation, dramatic and filmmaking in the work.
  14. To repeal the work the creator is required to give the notice of the same in the prescribed format along with the prescribed fees to the registrar of copyright or by way of public notice. As soon as the registrar will receive this notice, he is required to publish it n the official gazette. Within 14 days of publication, the registrar shall post the notice on the official website of the copyright office, so that such notice remains in the public domain for not less than three years. Such right shall cease to exist from that day of notice.

Contact BIATConsultant for online copyright registration in India .

 

Posted on

Assignment of Copyright in India

copyright assignment

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.

 

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