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Assignment and License of Copyright

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The author of the copyrighted work has the power to assign his work to someone else to use that it with the bonafide intention or also he can give license to the person for the use of that for some temporary time and some project. This power is only given to the author and on whose name, copyright is being issued. They both had their procedure and conditions which we discuss later.

Assignment of Copyright

It comes under section 18 of The Copyright Act, 1957.

This means that when the author gave the easement or the use or reproduction rights of his work to some other person or assign them to him. It means that when the author gave all his rights related to it to some other person is called an assignment.

After the assignment, the other person is the owner of that work.

The author after the assignment is the assignor or another person is the assignee.

The procedure of assignment of copyright:

  1. The owner of the copyright in the existing work or the prospective owner may assign this to a person who gave them an application for the assignment either wholly or partly or either generally or subject to the limitations to that person.

“prospective owner means that owner of that future work which is still not made or not come in existence right now”

“The assignment of the prospective work only takes effect when it comes in existence”

  1. The work should always be obtained for some genuine purpose and bonafide intention. If it is done for the exploitation immediately this shall be void.
  2. The author of literary or musical work assigns it for the cinematograph film they shall not waive their rights of the royalty of that, and it should be shared on an equal basis. If this was not done then that should be considered as a void assignment.
  3. The author of literary or musical work assigns it for the sound recording they shall not waive their rights of the royalty of that, it should be shared on an equal basis. If this was not done then that should be considered as a void assignment.
  4. The assignor after the assignment in respect of the rights which has not been assigned consider as owner of that rights.
  5. Assignee in respect of any prospective work dies in the middle so the legal heir of his can uses the work.

Mode of Assignment

It comes under section 19 of the act.

It is also considered as conditions or requirements to be followed for valid assignment if these requirements do not satisfy it will consider as void.

  1. The assignment has to be always signed by the assignor or by his duly authorized agent.
  2. The assignor should always identify the rights which he has been assigning and for what duration or the territorial extent.
  3. They should also specify the number of royalties and other consideration payable.
  4. All the requirements should always be mutually agreed upon.
  5. If the assignee does not exercise his rights over the work or any progress for which it was obtained within one year from the date of assignment, that should consider as void.
  6. If the duration is not mentioned it shall be deemed five years.
  7. If the territorial extent shall not specify shall be deemed within India.

Licensing of Copyright

It comes under section 30 of the act.

This means that when the author gave the easement or the using rights of his work to some other person or assign them to him for a particular time with some limitations and most importantly the author is still the owner of work. It means that when the author gave some of his rights related to it to some other person is called a license.

The author gave the license becomes the licensor or the other person becomes the licensee.

Procedure for giving the license: –

  1. The owner of the copyright in the existing work or the prospective owner may assign his work to the person who gave them an application for the license either wholly or partly and always subject to the limitations to that person.

“prospective owner means that owner of that future work which is still not made or not come in existence right now”

“the license of the prospective work only takes effect when it comes in existence”

  1. This should always be obtained for some genuine purpose and bonafide intention. If it is done for the exploitation immediately the license shall be void.
  2. Licensee in respect of any prospective work dies in the middle so the legal heir of his can uses the work.

Application for License

It comes under section 30A of the act.

It is also considered as conditions or requirements to be followed for a valid license if these requirements do not satisfy it will consider as void.

  1. The license application has to be always signed by the licensor or by his duly authorized agent.
  2. The licensor should always identify the rights which he has been assigning and for what duration or the territorial extent.
  3. They should also specify the number of royalties and other consideration payable.
  4. All the requirements should always be mutually agreed upon.
  5. If the licensee does not exercise his rights over the work or any progress for which it was obtained within one year from the date of getting a license, that should consider as void.
  6. If the duration is not mentioned it shall be deemed five years.
  7. If the territorial extent shall not specify shall be deemed within India.

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Written by Ankush Aggarwal

Ankush Aggarwal is a final year Law Student of BA.LLB Integrated Course, He is a very career-oriented person and very enthusiastic about his future and Law field. He has a keen interest in Intellectual Property Rights, Criminal Law, Human Rights, and Property Law. He likes to write articles and give speeches or Lectures on Law topics and also has an interest in listening to podcasts.

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