copyright act 1968 assignment

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Copyright Assignments and Licences

Assignments, implied licenses, creative commons licensing, statutory licences.

Copyright is a personal property right. The interest conferred by copyright law is the exclusive rights to do acts comprised in the copyright. These rights can be assigned or licensed. An assignment of copyright is a transfer of ownership and interest in all, or some of the copyright. A license is a permission to do some of the acts comprised in copyright. Each of these will be considered in detail below.

Video overview by Nicolas Suzor on Copyright Assignments and Licences .

An assignment is a transfer of copyright ownership from one person (the assignor) to another person (the assignee). Section 196(2) provides that an assignment may be limited in any way, including by the specific rights assigned (the copyright owner does not have to assign all of their copyright interests at once), jurisdiction, or a period of time. If the assignment is with respect to partial rights, the copyright owner splits the copyright into separate interests.

Section 196(1) of the Copyright Act 1968 provides that: “Copyright is personal property and […] is transmissible by assignment, by will and by devolution by operation of law”.

Section 197 provides that future copyright can be assigned. Future copyright refers to a copyright interest that will come into existence at a future time or at a future event. Where a future copyright interest is assigned, copyright will vest in the assignee when the work comes into existence (for example, copyright in a yet unwritten book).

For example, when musicians become members of the Australasian Performing Rights Association (APRA), they grant an assignment to APRA the performance rights in all their present and future musical works. This enables APRA to collect performing rights licence fees on the musicians’ behalf.

An assignment must be in writing and signed by the assignor to be effective. 1

When copyright is assigned, the assignee acquires full rights with respect to the copyright interest assigned - for example, they may licence the interest, assign it to someone else, or sue another person for copyright infringement. The assignor retains no special rights in relation to the work and may even be sued for infringement by the assignee.

A license is a permission to use copyright material in ways that would otherwise infringe. The license can be limited by contract.

Video overview by Kylie Pappalardo on Copyright Licences .

An exclusive license is “a licence in writing, signed by or on behalf of the owner or prospective owner of copyright, authorising the licensee, to the exclusion of all other persons, to do an act that … the owner of the copyright would, but for the licence, have the exclusive right to do”. 2 s 10(1) Exclusive licences give the licensee the power to sublicense and the title to sue for infringement. 3

In the instance there is a non-exclusive licence, others may have rights to use or make use of the copyright work.

A license is the product. Where use of a product would necessarily infringe copyright (as in software), then it could be said that you are not paying for the product (i.e., CD), but the licence. You get some rights over the physical medium, but you do not have the full rights to make use of the works.

Often the licence is inside the box the software comes in – Shrinkwrap license. Or as a pre-requisite to a download – Clickwrap license.

Gratuitous licences may be revoked at any time. 4

Licenses can be implied from the circumstances. A newspaper editor has an implied licence to publish letters to the editor. This is always subject to directions to the contrary. An implied license also exists to use commissioned copyright material for the purposes contemplated.

Beck v Montana Constructions Pty Ltd (1963) WN (NSW) 1578

In the case of Beck v Montana Constructions Pty Ltd 5 a firm of architects was commissioned to draw plans for a block of units. When the owners sold the land they gave the purchaser the plans. The purchaser decided to build in accordance with the plans but not to retain the architect. The other architect who was retained produced plans which were a substantial reproduction of the first architect’s plans. The original architects sued the purchaser and its architect for infringement of the copyright in the sketch plans.

It was held that there was an implied licence in favour of the purchaser to use the plans in respect of the same land.

Creative Commons (CC) is a non-profit organisation which created a public licensing suite. The licenses are free, easy-to-use copyright licenses that provide a simple and standardised way to give the public permission to share and use creative work. The idea of the CC licenses is to help people legally share their “knowledge and creativity to build a more equitable, accessible, and innovative world”. Creative Commons “What we do”

Creative Commons licensing can be applied by any person to their work, and can be taken advantage of by any person to use the licensed work (provided it is in accordance with the terms of the license).

There are four conditions that can be applied to a Creative Commons license.

Video overview by Rachel Varshney on Creative Commons Licensing .

A statutory licence involves the copyright owner making the copyright work available for use (to a specific audience) without requiring permission. The copyright owner is then entitled to be compensated for the use of their work.

In December 2017 the statutory licensing scheme in Australia was simplified. The previous educational statutory licences in Parts VA and VB of the Copyright Act 1968 (Cth) was replaced by one simplified statutory licence. [^CA113NU] The statutory licence will be discussed in more detail in the Chapter on Copyright Limitations and Exceptions. [^CA113NU]: CA ss 113N - 113U

CA s 196(3)  ↩

CA   ↩

CA s 119  ↩

Trumpet Winsock v Ozemail [1996] 560 FCA 1  ↩

[1964-5] NSWR 229; (1963) WN (NSW) 1578  ↩

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Federal Register of Legislation

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• Interactions

Copyright Act 1968

• Attorney-General's Department

Legislation text

• 1 Short title
• 2 Commencement
• 4 Extension to external Territories
• 5 Exclusion of Imperial Copyright Act, 1911
• 6 Repeal of Copyright Acts
• 7 Act to bind the Crown
• 8 Copyright not to subsist except by virtue of this Act
• 8A Prerogative rights of the Crown in the nature of copyright
• 9 Operation of other laws
• 9A Application of the Criminal Code
• 10 Interpretation
• 10AA Non infringing copy of a sound recording
• 10AB Non infringing copy of a computer program
• 10AC Non infringing copy of an electronic literary or music item
• 10AD Accessories to imported articles
• 11 Residence in a country not affected by temporary absence
• 12 References to Parliament
• 13 Acts comprised in copyright
• 14 Acts done in relation to substantial part of work or other subject matter deemed to be done in relation to the whole
• 15 References to acts done with licence of owner of copyright
• 16 References to partial assignment of copyright
• 17 Statutory employment
• 18 Libraries established or conducted for profit
• 19 References to Copyright Act, 1911
• 20 Names under which work is published
• 21 Reproduction and copying of works and other subject matter
• 22 Provisions relating to the making of a work or other subject matter
• 23 Sound recordings and records
• 24 References to sounds and visual images embodied in an article
• 25 Provisions relating to broadcasting
• 27 Performance
• 28 Performance and communication of works or other subject matter in the course of educational instruction
• 29 Publication
• 29A Making public
• 30 Ownership of copyright for particular purposes
• 30A Commercial rental arrangement
• 31 Nature of copyright in original works
• 32 Original works in which copyright subsists
• 33 Duration of copyright in original works
• 35 Ownership of copyright in original works
• Division 2—Infringement of copyright in works
• 36 Infringement by doing acts comprised in the copyright
• 37 Infringement by importation for sale or hire
• 38 Infringement by sale and other dealings
• 39 Infringement by permitting place of public entertainment to be used for performance of work
• 39A Infringing copies made on machines installed in libraries and archives
• 39B Communication by use of certain facilities
• Division 3—Acts not constituting infringements of copyright in works
• 40 Fair dealing for purpose of research or study
• 41 Fair dealing for purpose of criticism or review
• 41A Fair dealing for purpose of parody or satire
• 42 Fair dealing for purpose of reporting news
• 43 Reproduction for purpose of judicial proceedings or professional advice
• 43A Temporary reproductions made in the course of communication
• 43B Temporary reproductions of works as part of a technical process of use
• 43C Reproducing works in books, newspapers and periodical publications in different form for private use
• 44 Inclusion of works in collections for use by places of education
• 44A Importation etc. of books
• 44B Reproduction of writing on approved label for containers for chemical product
• 44BA Acts done in relation to certain medicine
• 44BB Copyright subsisting in works shared for healthcare or related purposes
• 44C Copyright subsisting in accessories etc. to imported articles
• 44D Import of non infringing copy of sound recording does not infringe copyright in works recorded
• 44E Importation and sale etc. of copies of computer programs
• 44F Importation and sale etc. of copies of electronic literary or music items
• Division 4—Acts not constituting infringements of copyright in literary, dramatic and musical works
• 45 Reading or recitation in public or for a broadcast
• 46 Performance at premises where persons reside or sleep
• 47 Reproduction for purpose of broadcasting
• 47AA Reproduction for the purpose of simulcasting
• Division 4A—Acts not constituting infringements of copyright in computer programs
• 47AB Meaning of computer program
• 47B Reproduction for normal use or study of computer programs
• 47C Back up copy of computer programs
• 47D Reproducing computer programs to make interoperable products
• 47E Reproducing computer programs to correct errors
• 47F Reproducing computer programs for security testing
• 47G Unauthorised use of copies or information
• 47H Agreements excluding operation of certain provisions
• Division 4B—Acts not constituting infringements of copyright in artistic works
• 47J Reproducing photograph in different format for private use
• Division 5—Copying of works in libraries or archives
• 48 Interpretation
• 48A Copying by Parliamentary libraries for members of Parliament
• 49 Reproducing and communicating works by libraries and archives for users
• 50 Reproducing and communicating works by libraries or archives for other libraries or archives
• 51 Reproducing and communicating unpublished works in libraries or archives
• 51AA Reproducing and communicating works in care of National Archives of Australia
• 52 Publication of unpublished works kept in libraries or archives
• 53 Application of Division to illustrations accompanying articles and other works
• Division 6—Recording of musical works
• 54 Interpretation
• 55 Conditions upon which manufacturer may make records of musical work
• 57 Provisions relating to royalty where 2 or more works are on the one record
• 59 Conditions upon which manufacturer may include part of a literary or dramatic work in a record of a musical work
• 60 Records made partly for retail sale and partly for gratuitous disposal
• 61 Making inquiries in relation to previous records
• 64 Sections 55 and 59 to be disregarded in determining whether an infringement has been committed by the importation of records
• Division 7—Acts not constituting infringements of copyright in artistic works
• 65 Sculptures and certain other works in public places
• 66 Buildings and models of buildings
• 67 Incidental filming or televising of artistic works
• 68 Publication of artistic works
• 70 Reproduction for purpose of including work in television broadcast
• 72 Reproduction of part of work in later work
• 73 Reconstruction of buildings
• Division 8—Designs
• 74 Corresponding design
• 75 Copyright protection where corresponding design registered
• 76 False registration of industrial designs under the Designs Act 2003
• 77 Application of artistic works as industrial designs without registration of the designs
• 77A Certain reproductions of an artistic work do not infringe copyright
• Division 9—Works of joint authorship
• 78 References to all of joint authors
• 79 References to any one or more of joint authors
• 79A References to the identity of none of joint authors being generally known
• 80 References to whichever of joint authors died last
• 81 Works of joint authorship published under pseudonyms
• 82 Copyright to subsist in joint works without regard to any author who is an unqualified person
• 83 Inclusion of joint works in collections for use in places of education
• 84 Definitions
• 85 Nature of copyright in sound recordings
• 86 Nature of copyright in cinematograph films
• 87 Nature of copyright in television broadcasts and sound broadcasts
• 88 Nature of copyright in published editions of works
• 89 Sound recordings in which copyright subsists
• 90 Cinematograph films in which copyright subsists
• 91 Television broadcasts and sound broadcasts in which copyright subsists
• 92 Published editions of works in which copyright subsists
• 93 Duration of copyright in sound recordings and films
• 95 Duration of copyright in television broadcasts and sound broadcasts
• 96 Duration of copyright in published editions of works
• 97 Ownership of copyright in sound recordings
• 98 Ownership of copyright in cinematograph films
• 99 Ownership of copyright in television broadcasts and sound broadcasts
• 100 Ownership of copyright in published editions of works
• Subdivision B—Specific provisions relating to the ownership of copyright in pre commencement sound recordings of live performances
• 100AA Application
• 100AB Definitions
• 100AC Application of sections 100AD and 100AE
• 100AD Makers of pre commencement sound recordings of live performances
• 100AE Ownership of pre commencement copyright in sound recordings of live performances
• 100AF Former owners may continue to do any act in relation to the copyright
• 100AG Actions by new owners of copyright
• 100AH References to the owner of the copyright in a sound recording
• Division 6—Infringement of copyright in subject matter other than works
• 100A Interpretation
• 101 Infringement by doing acts comprised in copyright
• 102 Infringement by importation for sale or hire
• 103 Infringement by sale and other dealings
• 103A Fair dealing for purpose of criticism or review
• 103AA Fair dealing for purpose of parody or satire
• 103B Fair dealing for purpose of reporting news
• 103C Fair dealing for purpose of research or study
• 104 Acts done for purposes of judicial proceeding
• 104A Acts done by Parliamentary libraries for members of Parliament
• 104B Infringing copies made on machines installed in libraries and archives
• 104C Copyright subsisting in sound recordings and cinematograph films shared for healthcare or related purposes
• 105 Copyright in certain recordings not infringed by causing recordings to be heard in public or broadcast
• 106 Causing sound recording to be heard at guest house or club
• 107 Making of a copy of the sound recording for purpose of broadcasting
• 108 Copyright in published recording not infringed by public performance if equitable remuneration paid
• 109 Copyright in published sound recording not infringed by broadcast in certain circumstances
• 109A Copying sound recordings for private and domestic use
• 110 Provisions relating to cinematograph films
• 110AA Copying cinematograph film in different format for private use
• 110A Copying and communicating unpublished sound recordings and cinematograph films in libraries or archives
• 110C Making of a copy of a sound recording or cinematograph film for the purpose of simulcasting
• 111 Recording broadcasts for replaying at more convenient time
• 111A Temporary copy made in the course of communication
• 111B Temporary copy of subject matter as part of a technical process of use
• 112 Reproductions of editions of work
• 112A Importation and sale etc. of books
• 112B Reproduction of writing on approved label for containers for chemical product
• 112C Copyright subsisting in accessories etc. to imported articles
• 112D Import of non infringing copy of a sound recording does not infringe copyright in the sound recording
• 112DA Importation and sale etc. of copies of electronic literary or music items
• 112E Communication by use of certain facilities
• Division 7—Miscellaneous
• 113 Copyrights to subsist independently
• 113A Agents may act on behalf of groups of performers
• 113B Consent to the use of a sound recording of a live performance
• 113C Use of published sound recordings when owners cannot be found etc.
• 113D Simplified outline of this Part
• 113E Fair dealing for purpose of access by persons with a disability
• 113F Use of copyright material by organisations assisting persons with a disability
• 113G Libraries
• 113H Preservation
• 113J Research
• 113K Administration of the collection
• 113L Meaning of key cultural institution
• 113M Preservation
• 113N Simplified outline of this Division
• 113P Copying and communicating works and broadcasts
• 113Q Remuneration notices
• 113R Equitable remuneration
• 113S Educational institutions must assist collecting society
• 113T Voluntary licences
• 113U Persons acting on behalf of bodies administering educational institutions
• 113V Declaration of collecting society
• 113W Requirements for declaration of collecting society
• 113X Revocation of declaration
• 113Y Scope of this Subdivision
• 113Z Annual report and accounts
• 113ZA Amendment of rules
• 113ZB Review of distribution arrangement by Copyright Tribunal
• 113ZC Operation of collecting society rules
• 114 Interpretation
• 115 Actions for infringement
• 115A Injunctions relating to online locations outside Australia
• 116 Rights of owner of copyright in respect of infringing copies
• 116AAA Compensation for acquisition of property
• 116AA Purpose of this Division
• 116AB Definitions
• 116ABA Definition of service provider
• 116AC Category A activity
• 116AD Category B activity
• 116AE Category C activity
• 116AF Category D activity
• 116AG Limitations on remedies
• 116AH Conditions
• 116AI Evidence of compliance with conditions
• 116AJ Regulations
• 116AK Definitions
• 116AL Interaction of this Subdivision with Part VAA
• 116AM Geographical application
• 116AN Circumventing an access control technological protection measure
• 116AO Manufacturing etc. a circumvention device for a technological protection measure
• 116AP Providing etc. a circumvention service for a technological protection measure
• 116AQ Remedies in actions under this Subdivision
• 116B Removal or alteration of electronic rights management information
• 116C Distribution to the public etc. of works whose electronic rights management information has been removed or altered
• 116CA Distribution and importation of electronic rights management information that has been removed or altered
• 116CB Exception relating to national security and law enforcement
• 116D Remedies in actions under this Subdivision
• 117 Interpretation
• 118 Application
• 119 Rights of exclusive licensee
• 120 Joinder of owner or exclusive licensee as a party
• 121 Defences available against exclusive licensee
• 122 Assessment of damages where exclusive licence granted
• 123 Apportionment of profits between owner and exclusive licensee
• 124 Separate actions in relation to the same infringement
• 125 Liability for costs
• 126 Presumptions as to subsistence and ownership of copyright
• 126A Presumptions relating to subsistence of copyright
• 126B Presumptions relating to ownership of copyright
• 127 Presumptions in relation to authorship of work
• 128 Presumptions in relation to publisher of work
• 129 Presumptions where author has died
• 129A Presumptions relating to computer programs
• 130 Presumptions relating to sound recordings
• 130A Acts relating to imported copies of sound recordings
• 130B Acts relating to imported copies of computer programs
• 130C Acts relating to imported copies of electronic literary or music items
• 131 Presumptions relating to films
• 131A Exercise of jurisdiction
• 131B Appeals
• 131C Jurisdiction of Federal Court of Australia
• 131D Jurisdiction of Federal Circuit Court of Australia
• 132AA Definitions
• 132AB Geographical application
• 132AC Commercial scale infringement prejudicing copyright owner
• 132AD Making infringing copy commercially
• 132AE Selling or hiring out infringing copy
• 132AF Offering infringing copy for sale or hire
• 132AG Exhibiting infringing copy in public commercially
• 132AH Importing infringing copy commercially
• 132AI Distributing infringing copy
• 132AJ Possessing infringing copy for commerce
• 132AK Aggravated offence—work etc. converted to digital form
• 132AL Making or possessing device for making infringing copy
• 132AM Advertising supply of infringing copy
• 132AN Causing work to be performed publicly
• 132AO Causing recording or film to be heard or seen in public
• 132APA Definitions
• 132APB Interaction of this Subdivision with Part VAA
• 132APC Circumventing an access control technological protection measure
• 132APD Manufacturing etc. a circumvention device for a technological protection measure
• 132APE Providing etc. a circumvention service for a technological protection measure
• 132AQ Removing or altering electronic rights management information
• 132AR Distributing, importing or communicating copies after removal or alteration of electronic rights management information
• 132AS Distributing or importing electronic rights management information
• 132AT Defences
• 132AU Prosecution to prove profit
• 132A Presumptions in relation to subsistence and ownership of copyright
• 132AAA Presumptions relating to computer programs
• 132B Presumptions relating to sound recordings
• 132C Presumptions relating to films
• 133 Destruction or delivery up of infringing copies etc.
• 133A Courts in which offences may be prosecuted
• 133B Infringement notices
• 134 Limitation of actions in respect of infringement of copyright
• 134A Affidavit evidence
• 134B Interpretation
• 135 Restriction of importation of copies of works etc.
• 135AA Decision not to seize unless expenses are covered
• 135AB Secure storage of seized copies
• 135AC Notice of seizure
• 135AD Inspection, release etc. of seized copies
• 135AE Forfeiture of seized copies by consent
• 135AEA Claim for release of seized copies
• 135AEB Seized copies not claimed are forfeited
• 135AEC Late claim for release of seized copies
• 135AED Objector to be notified of claim
• 135AF Release of seized copies to importer
• 135AFA Copies released but not collected are forfeited
• 135AG Provision relating to actions for infringement of copyright
• 135AH Retention of control of seized copies
• 135AI Disposal of seized copies forfeited to the Commonwealth
• 135AJ Failure to meet Commonwealth’s expenses of seizure
• 135AK Immunity of the Commonwealth
• 135AL Definitions
• 135AM Counterclaim
• 135AN This Part does not apply to law enforcement activity etc.
• 135AOA Making or dealing with unauthorised decoder
• 135AOB Making decoder available online
• 135AOC Causing unauthorised access
• 135AOD Unauthorised commercial use of subscription broadcast
• 135AOE Relief
• 135AOF Destruction of decoder
• 135AP Exercise of jurisdiction
• 135AQ Appeals
• 135AR Jurisdiction of Federal Court of Australia
• 135AS Jurisdiction of Federal Circuit Court of Australia
• 135ASA Making unauthorised decoder
• 135ASB Selling or hiring unauthorised decoder
• 135ASC Offering unauthorised decoder for sale or hire
• 135ASD Commercially exhibiting unauthorised decoder in public
• 135ASE Importing unauthorised decoder commercially
• 135ASF Distributing unauthorised decoder
• 135ASG Making unauthorised decoder available online
• 135ASH Making decoder available online for subscription broadcast
• 135ASI Unauthorised access to subscription broadcast etc.
• 135ASJ Causing unauthorised access to encoded broadcast etc.
• 135ATA Courts in which offences may be prosecuted
• 135AU Destruction etc. of unauthorised decoders
• 135ZZI Definitions
• 135ZZJ Operation of collecting society rules
• 135ZZJA Application of Part
• 135ZZK Retransmission of free to air broadcasts
• 135ZZL Remuneration notices
• 135ZZM Amount of equitable remuneration
• 135ZZN Record system
• 135ZZP Inspection of records etc.
• 135ZZQ Identity cards
• 135ZZR Revocation of remuneration notice
• 135ZZS Request for payment of equitable remuneration
• 135ZZT Collecting societies
• 135ZZU Revocation of declaration
• 135ZZV Annual report and accounts
• 135ZZW Amendment of rules
• 135ZZWA Applying to Tribunal for review of distribution arrangement
• 135ZZX Appointment of notice holder
• 135ZZY Retransmitting before declaration of collecting society
• 135ZZZ Notices by retransmitters
• 135ZZZA Record keeping requirements
• 135ZZZB Effect of declaration of collecting society
• 135ZZZC Relevant copyright owner may authorise retransmitting
• 135ZZZD Copyright not to vest under this Part
• 135ZZZE Licence to retransmit does not authorise copyright infringements
• 135ZZZF Definitions
• 135ZZZG Eligible program and original broadcaster
• 135ZZZH Operation of collecting society rules
• 135ZZZI Re broadcasts by satellite BSA licensees
• 135ZZZJ Remuneration notices
• 135ZZZK Amount of equitable remuneration
• 135ZZZL Record system
• 135ZZZM Revocation of remuneration notice
• 135ZZZN Request for payment of equitable remuneration
• 135ZZZO Collecting societies
• 135ZZZP Revocation of declaration
• 135ZZZQ Annual report and accounts
• 135ZZZR Amendment of rules
• 135ZZZS Applying to Tribunal for review of distribution arrangement
• 135ZZZT Appointment of notice holder
• 135ZZZU Re broadcast before declaration of collecting society
• 135ZZZV Notices by satellite BSA licensees
• 135ZZZW Record keeping requirements
• 135ZZZX Effect of declaration of collecting society
• 135ZZZY Relevant copyright owner may authorise re broadcast
• 135ZZZZ Copyright not to vest under this Part
• 135ZZZZA Licence to re broadcast does not authorise copyright infringements
• 136 Interpretation
• 137 Cases to which licence schemes apply
• 138 Constitution of Tribunal
• 139 Appointment of members of Tribunal
• 140 Qualifications of members
• 141 Tenure of office
• 141A Seniority of Deputy Presidents
• 142 Acting President
• 143 Remuneration and allowances
• 144 Oath or affirmation of office
• 144A Disclosure of interests by members
• 144B Removal from office for failure to disclose interest
• 145 Resignation
• 146 Sittings of the Tribunal
• 147 President to arrange business of Tribunal
• 149 Applications to Tribunal for determination of remuneration payable for making recording or film of a work
• 150 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording for making of a copy of the sound recording
• 151 Applications to Tribunal for determination of remuneration payable to owner of copyright in recording in respect of public playing of the recording
• 152 Applications to Tribunal for determination of amounts payable for broadcasting published sound recordings
• 152A Applications to Tribunal for determination of amount of royalty payable for recording musical works
• 152B Applications to Tribunal for determination of manner of paying royalty
• 153 Applications to Tribunal for apportionment of royalty in respect of a record
• 153A Applications and referrals relating to Division 4 of Part IVA
• 153DF Meaning of copyright material
• 153E Applications to Tribunal under subsection 183(5)
• 153F Applications to Tribunal to declare collecting society for government copies
• 153G Applications to Tribunal to revoke a declaration of a collecting society
• 153H Time limit for deciding applications under section 153F or 153G
• 153J Amendment and revocation of a declaration on the declaration of another collecting society
• 153K Applications to Tribunal for method of working out payment for government copies
• 153KA Review of collecting society’s distribution arrangement
• 153M Applications to the Tribunal under subsection 135ZZM(1)
• 153N Applications to Tribunal under subsection 135ZZN(3)
• 153P References relating to declaration of collecting society
• 153Q References relating to revocation of declaration of collecting society
• 153R Review of collecting society’s distribution arrangement
• 153RA Application to the Tribunal to determine amount payable to owner of copyright in a broadcast
• 153S Applications to the Tribunal under paragraph 135ZZZK(1)(b)—equitable remuneration
• 153T Applications to Tribunal under paragraph 135ZZZL(3)(b)—record system
• 153U References relating to declaration of collecting society
• 153V References relating to revocation of declaration of collecting society
• 153W Review of collecting society’s distribution arrangement
• 154 Reference of proposed licence schemes to Tribunal
• 155 Reference of existing licence schemes to Tribunal
• 156 Further reference of licence schemes to Tribunal
• 157 Application to Tribunal in relation to licences
• 157A Tribunal must have regard to ACCC guidelines on request
• 157B Tribunal may make ACCC party to reference or application
• 158 Effect of licence scheme being continued in operation pending order of the Tribunal
• 159 Effect of order of Tribunal in relation to licences
• 160 Interim orders
• 161 Reference of questions of law to Federal Court of Australia
• 162 Agreements or awards not affected
• 163 Proceedings to be in public except in special circumstances
• 163A Application may be made to Tribunal by the agent of the copyright owner
• 164 Procedure
• 165 Mistakes or errors in orders of the Tribunal
• 166 Regulations as to procedure
• 167 Power to take evidence on oath
• 168 Evidence in form of written statement
• 169 Representation
• 169A Referral of proceeding for alternative dispute resolution process
• 169B Directions by President or Deputy President
• 169C Agreement about the terms of a decision etc.
• 169D Evidence not admissible
• 169E Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal
• 169F Participation by telephone etc.
• 169G Engagement of persons to conduct alternative dispute resolution processes
• 170 Registrar
• 170A Other staff of the Tribunal
• 171 Protecting persons connected with Tribunal proceedings
• 172 Offences by witnesses
• 173 Offences relating to the Tribunal
• 174 Costs of proceedings
• 175 Proof of orders of Tribunal
• 176 Crown copyright in original works made under direction of Crown
• 177 Crown copyright in original works first published in Australia under direction of Crown
• 178 Crown copyright in recordings and films made under direction of Crown
• 179 Provisions relating to ownership of copyright may be modified by agreement
• 180 Duration of Crown copyright in original works, sound recordings and films
• 182 Application of Parts III and IV to copyright subsisting by virtue of this Part
• 182A Copyright in statutory instruments and judgments etc.
• 182B Definitions
• 182C Relevant collecting society
• 183 Use of copyright material for the services of the Crown
• 183A Special arrangements for copying for services of government
• 183B Payment and recovery of equitable remuneration payable for government copies
• 183C Powers of collecting society to carry out sampling
• 183D Annual report and accounts of collecting society
• 183E Alteration of rules of collecting society
• 183F Applying to Tribunal for review of distribution arrangement
• 184 Application of Act to countries other than Australia
• 185 Denial of copyright to citizens of countries not giving adequate protection to Australian works
• 186 Application of Act to international organizations
• 187 Original works made or first published by international organizations
• 188 Subject matter, other than original works, made or first published by international organizations
• 188A Duration of international organization copyright
• 189 Definitions
• 190 Moral rights conferred on individuals
• 191 Director, producer and screenwriter of cinematograph film
• 191A Staging a performance
• 191B Conductor to be treated as a performer
• 192 Rights to be additional to other rights
• 193 Author’s right of attribution of authorship
• 194 Acts giving rise to right of attribution of authorship
• 195 Nature of the identification of author
• 195AA Identification of author to be clear and reasonably prominent
• 195AB What is a reasonably prominent identification
• 195ABA Performer’s right of attribution of performership
• 195ABB Acts giving rise to right of attribution of performership
• 195ABC Nature of the identification of performer
• 195ABD Identification of performer to be clear and reasonably prominent or audible
• 195ABE What is a reasonably prominent identification
• 195AC Author’s right not to have authorship falsely attributed
• 195AD Acts of false attribution of authorship of a literary, dramatic or musical work
• 195AE Acts of false attribution of authorship of artistic work
• 195AF Acts of false attribution of authorship of cinematograph film
• 195AG Acts of false attribution of authorship of altered literary, dramatic, musical or artistic work
• 195AH Act of false attribution of authorship of altered cinematograph film
• 195AHA Performer’s right not to have performership falsely attributed
• 195AHB Acts of false attribution of performership
• 195AHC Act of false attribution of performership of altered recorded performance
• 195AI Author’s right of integrity of authorship
• 195AJ Derogatory treatment of literary, dramatic or musical work
• 195AK Derogatory treatment of artistic work
• 195AL Derogatory treatment of cinematograph film
• 195ALA Performer’s right of integrity of performership
• 195ALB Derogatory treatment of performance
• 195AM Duration of author’s moral rights
• 195AN Exercise of author’s moral rights
• 195ANA Duration of performer’s moral rights for recorded performances
• 195ANB Exercise of performer’s moral rights
• 195AO Infringement of right of attribution of authorship
• 195AP Infringement of right not to have authorship falsely attributed
• 195AQ Infringement of right of integrity of authorship
• 195AR No infringement of right of attribution of authorship if it was reasonable not to identify the author
• 195AS No infringement of right of integrity of authorship if derogatory treatment or other action was reasonable
• 195AT Certain treatment of works not to constitute an infringement of the author’s right of integrity of authorship
• 195AU Infringement by importation for sale or other dealing
• 195AV Infringement by sale and other dealings
• 195AVA Matters to be taken into account
• 195AVB Communication by use of certain facilities
• 195AW Author’s consent to act or omission—films or works in films
• 195AWA Author’s consent to act or omission—work that is not a film or included in a film
• 195AWB Consent invalidated by duress or false or misleading statements
• 195AX Acts or omissions outside Australia
• 195AXA Infringement of right of attribution of performership
• 195AXB Infringement of right not to have performership falsely attributed
• 195AXC Infringement of right of integrity of performership
• 195AXD No infringement of right of attribution of performership if it was reasonable not to identify the performer
• 195AXE No infringement of right of integrity of performership if derogatory treatment or other action was reasonable
• 195AXF Infringement by importation for sale or other dealing
• 195AXG Infringement by sale and other dealings
• 195AXH Matters to be taken into account
• 195AXI Communication by use of certain facilities
• 195AXJ Performer’s consent to act or omission
• 195AXK Consent invalidated by duress or false or misleading statements
• 195AXL Acts or omissions outside Australia
• 195AY Definition etc.
• 195AZ Actions for infringement of author’s moral rights
• 195AZA Remedies for infringements of author’s moral rights
• 195AZD Presumption as to subsistence of copyright
• 195AZE Presumption as to subsistence of author’s moral rights
• 195AZF Presumptions in relation to authorship of work
• 195AZG Other presumptions in relation to literary, dramatic, musical or artistic work
• 195AZGA Definition etc.
• 195AZGB Actions for infringement of performer’s moral rights
• 195AZGC Remedies for infringements of performer’s moral rights
• 195AZGD Presumption as to subsistence of copyright
• 195AZGE Presumption as to subsistence of performer’s moral rights
• 195AZGF Presumptions in relation to performership
• 195AZGG Saving of other rights and remedies
• 195AZGH Jurisdiction of courts
• 195AZH Parts of works
• 195AZI Works of joint authorship
• 195AZJ Cinematograph films that have more than one principal director
• 195AZK Cinematograph films that have more than one principal producer
• 195AZL Cinematograph films that have more than one principal screenwriter
• 195AZM Application—right of attribution of authorship
• 195AZN Application—right not to have authorship falsely attributed
• 195AZO Application—right of integrity of authorship
• 195AZP Parts of performances
• 195AZQ Performances that have more than one performer
• 195AZR Application
• 195A Interpretation
• 195B Review of certain decisions
• 195CA Simplified outline
• 195CB Copy of certain material to be delivered to the Library
• 195CC Library may request a copy of material available online
• 195CD Delivering material to the Library
• 195CE Meaning of National Library material
• 195CF Meaning of available online
• 195CG Infringement notices
• 195CH Relationship with State and Territory laws
• 195CI Delegation
• 195CJ Legislative instruments
• 196 Assignments and licences in respect of copyright
• 197 Prospective ownership of copyright
• 198 Copyright to pass under will with unpublished work
• 199 Reception of broadcasts
• 200 Use of works and broadcasts for educational purposes
• 200AAA Proxy web caching by educational institutions
• 200AB Use of works and other subject matter for certain purposes
• 202 Groundless threats of legal proceedings in relation to copyright infringement
• 202A Groundless threats of legal proceedings in relation to technological protection measures
• 203 Limitation on power of courts to grant relief in proceedings under this Act
• 203A Offence—failing to keep declarations relating to copying in library or archives
• 203E Inspection of records and declarations retained in records of libraries and archives
• 203F False and misleading declarations
• 203G Offence—disposing of or destroying certain declarations
• 203H Notation of certain copies etc.
• 204 Interpretation
• 205 References to making of works, recordings and films
• 206 References in other laws or instruments to copyright
• 207 Application
• 208 Authorship of photographs
• 209 Publication
• 210 Expired copyright not to revive
• 211 Original works in which copyright subsists
• 213 Ownership of copyright
• 214 Infringement by importation, sale and other dealings
• 215 Recording of musical works
• 216 Publication of artistic works
• 217 Reconstruction of buildings
• 218 Industrial designs
• 219 Reproduction of work upon payment of royalties
• 220 Sound recordings
• 221 Cinematograph films
• 222 Application of Act to dramatic works and photographs comprised in cinematograph films
• 223 Television broadcasts and sound broadcasts
• 224 Published editions of works
• 225 Infringement by importation, sale and other dealings
• 226 Actions for infringement
• 227 Infringing copies
• 228 Actions where copyright subject to exclusive licence
• 229 Offences and summary proceedings
• 230 Limitation of actions
• 231 Restriction of importation of printed copies of works
• 232 References and applications to Tribunal in relation to licence schemes
• 235 Crown copyright in films
• 236 Works made or published by international organizations
• 237 Subject matter, other than original works, made or published by international organizations
• 239 Assignments and licences
• 240 Bequests
• 242 Groundless threats of legal proceedings
• 243 Interpretation
• 244 Application
• 245 Rights conferred by Copyright Act, 1911
• 246 Performing rights
• 247 Contributions to periodicals
• 248 Assignments and licences
• 248A Interpretation
• 248B Educational purposes
• 248C Exempt recordings cease to be exempt recordings in certain circumstances
• 248CA Protection period
• 248D Private and domestic use
• 248F Application
• 248G What constitutes unauthorised use
• 248H Copying sound recordings for broadcasting
• 248J Actions for unauthorised use
• 248K Exercise of jurisdiction
• 248L Appeals
• 248M Jurisdiction of Federal Court
• 248MA Jurisdiction of Federal Circuit Court
• 248N Right to bring an action not assignable
• 248P Scope of this Subdivision
• 248PA Unauthorised direct recording during protection period
• 248PB Unauthorised indirect recording during protection period
• 248PC Unauthorised communication to public during 20 year protection period
• 248PD Playing unauthorised recording publicly during 20 year protection period
• 248PE Possessing equipment to make or copy unauthorised recording
• 248PF Copying unauthorised recording
• 248PG Unauthorised copying of exempt recording
• 248PH Unauthorised copying of authorised sound recording
• 248PI Selling etc. unauthorised recording
• 248PJ Distributing unauthorised recording
• 248PK Commercial possession or import of unauthorised recording
• 248PL Exhibiting unauthorised recording in public by way of trade
• 248PM Importing unauthorised recording for exhibition by way of trade
• 248QA Scope of this Subdivision
• 248QB Possessing equipment for copying unauthorised sound recording
• 248QC Copying unauthorised sound recording
• 248QD Selling etc. unauthorised sound recording
• 248QE Distributing unauthorised sound recording
• 248QF Commercial possession or import of unauthorised sound recording
• 248QG Exhibiting unauthorised sound recording in public by way of trade
• 248QH Importing unauthorised sound recording for exhibition by way of trade
• 248R Courts in which offences may be prosecuted
• 248S Protection against multiple proceedings for same act
• 248SA Infringement notices
• 248T Destruction or delivery up of unauthorised recordings
• 248U Application to foreign countries
• 248V Denial of protection to citizens of countries not giving adequate protection to Australian performances
• 249 Regulations
• Endnote 1—About the endnotes
• Endnote 2—Abbreviation key
• Endnote 3—Legislation history
• Endnote 4—Amendment history

Assignment of Copyright – Explained With Modes and Disputes

Original work may not be reproduced, distributed, or sold by anybody other than the copyright owner without that owner’s consent. As a result, the law allows the copyright owner to assign ownership to a third party.

The term “copyright assignment” describes the transfer of ownership or rights in a work that has been granted copyright from the original copyright holder (the “ assignor “) to a different party (the “ assignee “). Through a legal procedure, the assignor gives up their ownership of the work and gives the assignee the only authority to reproduce, distribute, display, perform, or alter it.

This article discusses the concept of copyright assignment, which involves the transfer of ownership or rights in a copyrighted work from the original copyright holder (assignor) to another party (assignee). The article also explains the various aspects of copyright assignment, including its mode of assignment and disputes with respect to the assignment of copyright.

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

The owner of the current work or the potential owner of the future work may assign the copyright. It may be fully or partially allocated. Limitations may apply to all or a portion of the copyright.

Additionally, if future work is assigned, the assignment will become effective when the new work is created. In future works, “assignee” includes the assignee’s legal representative if they die before the work is created.

The court ruled in  Saregama India Ltd. vs Suresh Jindal And Ors.  that the copyright owner to a future work has the right to assign the copyright, in whole or in part, to a third party. This indicates that the owner may assign the copyright ownership for the entire term or only a portion.

The assignee is regarded as the legal owner of the copyright after the assignment is made, and the Copyright Act recognises all associated rights and benefits. As mentioned above, the ruling affirms that copyright ownership can be transferred by assignment, enabling people or organisations to obtain and exercise control over the rights connected to the copyrighted work.

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

Every assignment of the copyright to a work must be made in writing and be signed by the assignor or an authorised representative. Only that assignment will be accepted. Any assigned work must include all relevant information, including the assignment, length, rights, and geographic scope.

The amount of any royalties or other payments made to the author or his legal heirs during the assignment should also be specified. Any revisions, extensions, or terminations of the assignment are subject to the mutually agreed-upon terms and circumstances.

Let’s say the assignee fails to utilise the right granted during the assignment within a year of receiving it. If such a thing occurs, the assignment of those rights will be presumed to have terminated unless otherwise specified in the assignment. When the assignment time and geographical scope are not specified, they will be assumed to be five years from the date of the assignment and inside India, respectively.

The Bombay High Court considered whether the assignment of video rights included the right of satellite transmission in the case of  Video Master vs Nishi Production . The court accepted the defendant’s claim that several public communication channels, such as satellite broadcasting, video TV, and terrestrial television broadcasting, each constituted a distinct copyright.

As a result, the film’s owner may transfer these rights to other people or companies. The court concluded that the video copyright granted to the plaintiff was separate from the copyright for the satellite transmission of the movie. Consequently, the satellite broadcast right was not part of the assignment.

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

After receiving a complaint from the assignor and completing an investigation, the appellate board has the authority to revoke the assignment or issue any orders it sees suitable when the assignee fails to execute the powers granted to him if such failure is not a result of any action or inaction on the part of the assignor.

If the assignor is also the author, the appellate board should hold off on issuing any revocation unless it is established that the terms of the assignment are harsh to the assignor. Additionally, no revocation may be made for five years if an assignment has been made.

The appellate board should handle copyright assignment complaints promptly and with diligence. They have a time limit of six months from the date of receiving the complaint to reach a final decision. If, for any reason, there is a delay beyond this period, the appellate board must explain the reasons for the delay. The goal is to ensure that copyright disputes are resolved promptly and transparently.

In this evolving world, copyright assignment is an unavoidable need. People are not always able to rely on themselves. The ownership of the work must be transferred to properly frame the art and realise the original piece’s full creative potential.

Furthermore, copyright assignment aids in the seamless development of the creative process when several creative minds collaborate or when a work is adapted across various media. It allows for fresh viewpoints, interpretations, and variations that could improve the original work or investigate other creative paths.

Read Next: Doctrine of Merger Under Copyright Law

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Assignment/Transfer of Copyright Ownership