The assignment of copyright is dealt under S.18 of the Copyright Act, 1957. The assignment of copyright, as per S. 18(1) means the transfer of rights of the copyright from the owner (assignor) to another entity (assignee). This transfer can be done either wholly or partially or subject to some limitations and in respect of work already existing or some future work when it comes into existence.
The steps and process of copyright assignment in India are as follows-
- There should be a proof of ownership of the copyright or copyright registration certificate
- A copyright assignment agreement. The essentials of the agreement are prescribed under 19 of the Act and are as follows
- The agreement shall be made in writing and should be duly signed by the assignor or by his duly authorised agent. (S.19(1)).
- It shall identify the work and specify the scope of rights assigned (S.19(2)).
- It should also provide the consideration or royalty payable. It also prescribes that the matters of revision, extension or termination of the copyright assignment shall be decided upon mutual agreement of the parties. (S.19(3)).
- It should mention the duration and territorial extent of the assignment. As per S. 19(5), if the period of assignment is not stated, it will be presumed to be for a period of five years (5). Under 19(6), it provides that if the territorial extent of the assignment is not mentioned, it is to be presumed to extend to the whole of India.
- Under 19(4), if the copyright has been assigned and the assignee does not exercise the rights conferred upon him within a period of one year, the assignment of such rights shall deem to have been lapsed, unless the agreement provides otherwise.
- An assignment of copyright can be done either before or after the work comes into existence. In cases where assignment follows the registration of copyright, a request under Form XV (registration of changes in particulars of copyright provided under the Copyright Rules, 2013 as per Rule 71)
The following documents are required-
- Notarized copy of the Assignment Deed
- An affidavit certifying that there is no pending matter in any court regarding the Assignment
- Attested copies of the deed
- If any authorised agent is appointed, a power of attorney should be filed
- If the original owner is deceased, attested copy of the death certificate of the owner has to be produced.
- Address and ID proof of the assignor and assignee are required.
As per Schedule 2 and Rule 83, for any application of change in particulars of a copyright entered in the Register of Copyrights in respect of a
- Literary, dramatic, musical or artistic work- Fee-Rs. 200/work
- Provided that in respect of 3[***] Artistic work which is used or is capable of being used in relation to any goods 4[or services] (section 45).- Fee-Rs 1,000/work
- For an application for registration of changes in particulars of copyright entered in the Register of Cinematograph Film- Rs 2,000/work
- For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of a Sound Recording-Rs. 1,000/-
All the above documents and the form should be registered with the Copyright Office with the prescribed fee as mentioned above.
- The Copyright Office will examine the agreement and if found acceptable, will register the assignment. . Registration creates a legal record of the transfer and gives notice of the assignment to the public.
The assignment takes effect as soon as it is registered. A certificate of registration for the assignment, which provides additional evidence of the transfer of rights, may be issued by the Copyright Office. Following a successful registration, the parties concerned may receive a confirmation or acknowledgment letter from the Copyright Office confirming the registration. The Copyright Office may occasionally publish the assignment’s specifics in the Official Gazette, which acts as a public notice.
The effect of registration of assignment deed-
- Dilution of Rights: The assignor’s rights are diminished to the degree that the third party’s (assignee) rights are increased
- Royalty: The rights that are assigned and the amount of royalty that is paid to the creator should be clearly stated in the assignment agreement.
Author: Rachana Koushik (Symbiosis Law School, Hyderabad) & Harish Kumar P (VIT University, Chennai Campus)
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