license and assignment of copyright

Copyright Licenses and Assignments

One of the primary benefits of copyright ownership is the ability to transfer some or all of those rights to third parties. These transfers can be for all of the copyright rights in a work (which is generally referred to as an outright assignment), or can be for a limited portion of the rights provided by the Copyright Act (which usually takes the form a copyright license).

The BitLaw discussion of assignments and licenses is divided into the following four sections:

transfers in general
implied licenses
termination of transfers
recordation of transfers

Transfers in General

Copyright is a personal property right, and it is subject to various state laws and regulations that govern the ownership, inheritance, or transfer of personal property. It is probably best to view copyright as a bundle of rights. The rights included in that bundle are the rights granted by the U.S. Copyright Act, as described in the BitLaw discussion on the scope of copyright protection . Any or all of these rights, or any subdivision of those rights, may be transferred.

A transfer of one of these rights may be made on an exclusive or nonexclusive basis. The transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed. Transfer of a right on a nonexclusive basis does not require a written agreement. For example, the author of a novel, as the original copyright owner of the novel, could transfer to a publisher the exclusive right to copy and distribute a novel (under the right of reproduction and distribution ), and also grant a screen play writer the nonexclusive right to create a movie script based on that novel (under the right to create derivative works ). The author's agreement with the publisher would have to be in writing to be valid. However, the agreement with the screen play writer could be oral and still be enforceable.

A transfer of copyright rights is usually either an assignment or a license. An assignment of copyright rights is like the sale of personal property. The original owner sells its rights to a third party, and can no longer exercise control over how the third party uses those rights. A license (or more properly "an express license") is an agreement where the copyright owner maintains its ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license will be preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

A typical software license agreement is a copyright license agreement. The owner of the copyright in the software wishes to grant the end-user the right to utilize the software in a restricted manner. In return, the end-user may agree to limit its use of the software in a variety of ways and to pay a license fee payment to the copyright owner.

Implied Licenses

An implied copyright license is a license created by law in the absence of an actual agreement between the parties. Implied licenses arise when the conduct of the parties indicates that some license is to be extended between the copyright owner and the licensee, but the parties themselves did not bother to create a license. This differs from an express license in that the parties never actually agree on the specific terms of the license. The purpose of an implied license is to allow the licensee (the party who licenses the work from the copyright owner) some right to use the copyrighted work, but only to the extent that the copyright owner would have allowed had the parties negotiated an agreement. Generally, the custom and practice of the community are used to determine the scope of the implied license.

Implied licenses have been used to grant licenses in situations where a copyrighted work was created by one party at the request of another. In one case, a special effects company was hired to create a specific effect for a horror movie. The contract through which the special effects company was hired did not assign the copyright in the effect, and did not provide for a license for the effect to be used in the horror movie. The court ruled that the effect could be used in the horror movie through an implied license, since the effect was created with the intent that it be used and distributed in the movie.

A commonly discussed scenario where implied licenses are destined to play a major role is on the World Wide Web. When a Web page is viewed in a Web browser, the page is downloaded through the Internet and placed on the user's screen. It is clear that a copy of the Web page is being made by the user. It is also clear that the Web page is protected against unauthorized copying by copyright law. But it would not make sense to allow the author of a Web page to sue a user who viewed her page, since the author intended that the page be viewed by others when she placed it on the World Wide Web. Rather, attorneys argue, courts should find that the Web page author has given end users an implied license to download and view the Web page. The extent of this implied license is unclear, and may someday be defined by the courts.

Termination of Transfers

Although a copyright owner is free to transfer her copyright rights as she sees fit, the Copyright Act contains a non-revocable right for a copyright owner to terminate any copyright transfer. The purpose for this is to give the creator of the work or the creator's heirs a second chance to exploit the work in situations where the value of the work may have been significantly enhanced since the original transfer. Generally, there is a five year window of time to accomplish the termination beginning either at

35 years from the assignment if the transfer was made on or after January 1, 1978; or
56 years from the date copyright was originally secured if the transfer was made before January 1, 1978.

The ability to terminate a transfer cannot be negotiated away. Thus, the author of a valuable book has the right to reclaim the copyright in the book by terminating the transfer, even if the agreement signed by the author stated that the assignment of her copyright rights was permanent and irrevocable. Exceptions to this ability to terminate a transfer are made for those parties who created derivative works prior to the termination (see the BitLaw discussion on derivative works for more information on this subject). In addition, works made for hire are not subject to this termination of transfer right (works made for hire are discussed in the BitLaw section on copyright ownership ).

Recordation of Transfers

A document that transfers copyright ownership or any other document pertaining to a copyright may be recorded in the Copyright Office. Although recordation is not required to make a valid transfer of a copyright, recordation of the transfer document does provide certain legal advantages and may be required to validate the transfer as against third parties.

Assignment and Licensing of Copyrights under Copyrights Act

Intellectual Property Rights Blogs Subject-wise Law Notes
January 8, 2021

Introduction

IP is an intellectual work which is produced by intellectual human brain. For e.g. literary work, musical work, inventions, etc. it is an intangible property. It is described as property because it is capable of sale, purchase, mortgage, etc. the owner if IP has rights over his intangible property. No one can make use of IP without the consent of the owner. IP is made to protect their rights and the infringement.

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input [1] . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Economic rights allow an owner to reap economic benefits from his intellectual creations. According to section 14 of the Copyright Act, 1957, different rights are recognised with respect to the nature of the work. As per this section, it is the exclusive right of the owner to do or authorise the doing of the acts provided thereunder.

Today copyright includes a variety of industries like: the information industry and the entertainment industry and industrial design.

Assignment of Copyrights : Section 18 of Copyrights Act

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work. [2] However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence.

In Video Master v. Nishi Production [3] , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment: Section 18 of Copyrights Act

As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties.

If the period of assignment is not mentioned it will be deemed to be taken as five years from the date of assignment. If the territorial extent of such assignment is not stipulated, it will be taken as applicable in whole of India.

Also, Section 19(8) contemplates that the assignment of copyright work against the terms and conditions on which rights have been assigned to a particular copyright society where the author of the work is a member shall be void. Further, Section 19(9) and section 19(10) opine that the assignment of copyright for making cinematograph film or sound recording shall not affect the right of the author to claim an equal share of the royalties and consideration payable with respect to use of his protected work.

In Saregama India Ltd v. Suresh Jindal [4] , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license: : Section 18 of Copyrights Act

The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary.

The mode of license is like an assignment deed, with necessary adaptations and modifications in section 19 (section 30A). Therefore, like an assignment, a license deed in relation to a work should comprise of following particulars:

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive – The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Non-exclusive – It does not confer right of exclusion. It is mere grant of an authority to do a particular thing which otherwise would have constituted an infringement. When owner grants an exclusive right, he denudes himself of all rights and retains no claim on the economic rights so transferred.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory Licenses

Compulsory and statutory licenses can impact both the identity of the licensee who the owner chooses to deal with and the terms, including rates of royalty, that the owner may stipulate for such dealing. Viewed from this perspective, compulsory licenses are less of an infraction on owner autonomy, on both these counts. The owner does retain a fair bit of autonomy to enter into appropriate licensing arrangements with those who he may deem fit, and he is also permitted to negotiate on the terms of the license within the zone of reasonableness. Normally, it is an unreasonable refusal to deal with a person that gives rise to a compulsory license. This brings us to the third important distinction between a compulsory and statutory license. The former is always granted upon specific application by an individual to the competent authority. The latter, on the other hand, is a blanket fixation of rates of royalty by the authority and a grant of standardised licenses to all those who are interested in availing the same. The owner, as a necessary corollary, has no autonomy on the identity of those who obtain the license, or what they pay as royalty for the same.

Categories of Compulsory Licenses

There are five main categories of compulsory licenses currently operating in India.

These are:

1. Licenses in respect of works unreasonably withheld from the public;

2. Licenses in respect of orphan works;

3. Licenses in respect of works for the differently abled;

4. Licenses in respect of translations;

5. Licenses in respect of reproduction and sale of works unavailable in India.

Statutory Licenses

As seen from the above discussion of compulsory licenses, such licenses can be understood as a particularised expropriation of owner autonomy in respect of the copyrighted work. The need for such expropriation arises only upon acts or inaction on the part of the owner that render the work unavailable to the public or differently abled persons. Statutory licenses, on the other hand, do not require any examination into the conduct of the owner. It attempts a wholesale expropriation of owner autonomy, once the work fits within the broader class of works that can be so licensed.

There are two such categories of statutory licenses, namely cover version recording licenses (Section 31C) and broadcasting licenses (Section 31D).

The first has existed, though as part of the fair dealing exceptions in Section 52, from the very beginning. The second is a very recent addition to the Act vide the 2012 amendment.

The term ‘assignment’ and ‘license’ are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

An assignment may be general, i.e. without limitation or an assignment may be subject to limitations. It may be for the whole term of copyright or any part thereof. An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee. The assignee being invested with the title in the copyright may reassign [5] .

[1] This is known as the ‘Doctrine of Sweat of the Brow’, whereby a work is given copyright protection if the author has applied ‘labour, skill or judgment’ in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

[2] Section 18(2); Copyright Act, 1957.

[3] 23 IPLR 388 (1998).

[4] 2007 (34) PTC 522 (Cal).

[5] Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

Author Name: Muskaan Mathur [Student, Savitribai Phule, Pune University (SPPU)]

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The Difference Between Copyright Assignments and Licenses

The Difference Between Copyright Assignments And Licenses

There are two ways that a copyright owner can transfer some or all of his or her copyright rights: through a license or an assignment.

In an assignment of copyright rights, the owner sells his or her ownership rights to another party and has no control over how the third party uses those rights. A copyright assignment is sometimes referred to as a sales agreement for copyright.

The buyer (assignee) can then use the copyrighted work or do whatever he or she wants with it. He or she all of the assigned rights that the original owner had.

A valid assignment of copyright must be in writing and signed by, or on behalf of, the copyright owner/assignor. The subject of the assignment must be clear as to what copyright is being assigned in which work(s).

In a license of copyright rights, the owner maintains his or her copyright ownership rights, but allows another party (the licensee) to exercise some of those rights without the licensee’s actions being considered copyright infringement. A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder’s rights.

For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the right to use the software in a specified, restricted manner. In return, the user/licensee may agree to limit his or her use of the software in various ways and to pay the copyright owner a license fee.

Unlike a copyright assignment, a copyright license does not have to be in a signed writing. A license can be oral or arise by implication when considering all of the facts and circumstances surrounding the transaction between the copyright owner and the purported licensee.

If you own a copyright in a work that you are thinking about assigning, you should consider whether to license your copyright instead, thus allowing you to retain ownership, and license only certain rights to the other party.

For additional information about the difference between copyright assignments and license, please contact us .

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616.226.8000

THIS IS AN ADVERISEMENT

Copyright Assignment (Transfer Ownership of a Copyright)

General information.

A copyright assignment is the transfer of one’s ownership of a copyrighted work to another person or entity. The prior owner (assignor) gives up all rights to the work to the new owner (assignee). The assignee gains all rights to the work as the legal or beneficial owner and may take legal action to prevent infringing uses of the work, etc. Copyright Act Section 501(b) .

According to federal law, a voluntary transfer of copyright ownership is not valid unless the details of the conveyance are contained in a writing signed by the copyright owner or the owner’s authorized agent. Copyright Act Section 204(a) .

Purpose/Necessity

An assignment may be used:

After a business is sold and the work’s rights are transferred to the purchaser
As security for a debt (through a mortgage or other security interest)
As a bequest in a will or an asset passed to heirs by intestacy/probate
As part of the distribution of assets following a bankruptcy proceeding
The work’s owner retains ownership but changes his or her name
The work’s owner retains ownership but changes its business name or entity type
Any other instance where the owner of a work wishes to transfer it to another

Recording an assignment is not mandatory to assign the interest bur provides the following advantages:

Recording the transfer establishes a public record of the details of the transfer and the contents of the document affecting the transfer. Such details will appear in the Copyright Office’s online public catalog .
The document or material attached to it specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under title or registration number of the work; and
Registration has been made for the work.
Constructive notice means that the public is deemed to have knowledge of the facts stated in the document – including those speaking to the ownership of rights – and cannot claim otherwise.
Under Sections 205d and 205e of the Copyright Act , recording establishes priority of rights as between conflicting assignments/transfers of ownership, or between a conflicting assignment and a nonexclusive license. This means that the first recorded assignment will be taken as valid as against any later alleged assignments.
In some instances, recording may be necessary to validate the transfer of copyrights as against third parties. Copyright Office – Circular 1: Copyright Basics .
In some states, recording may be necessary to perfect a security interest. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Frequently Asked Questions

Once a work is created and fixed in a tangible form, the author (or the author’s employer if the work was a Work Made for Hire), gains certain rights to the copyrighted work. The author has the exclusive right to: • Reproduce the work in copies or phonorecords; • Prepare derivative works based upon the work; • Distribute copies or phonorecords of the work to the public; and • Perform or display the work publicly.The author may subsequently transfer all or part of these rights through an (permanent) assignment or a (temporary) license. Copyright Act Section 201(d)(2) . Following negotiations between the parties as to the terms of the transfer, a written document must be signed by the owner of the rights conveyed stating the particular rights to be conveyed.
An assignment does not alter the work’s copyright duration. The assignee gains all rights transferred for the remainder of the copyright in effect. For works created by a single author, the length of copyright is the life of the author plus 70 years. Copyright Act Section 302(a) .
According to the Copyright Act, a copyright may be transferred by any means of conveyance, including bequeath by will or pass through intestate succession. Copyright Act Section 201(d)(1) . Some types of documents that may suffice include an assignment, mortgage, contract, deed, or promissory note.If you use our firm to assist you in your copyright assignment, we review your document to ensure that it conveys the rights desired, and then record it with the Copyright Office to establish a public record. Alternatively, if you do not have an existing document of transfer, we can draft a document to meet your purposes and then complete the recording process.
The Copyright Office does not provide a form or example of an acceptable document which effects a copyright transfer. Copyright Office FAQ – Assignment/Transfer of Copyright Ownership . The Copyright Office does not examine documents for legal sufficiency for their intended purpose prior to recording. Furthermore, the fee to record a document with the Copyright Office is nonrefundable. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .It is therefore important to consult with an attorney knowledgeable about copyright assignments to ensure that the copyrighted work(s) in question actually transfer as desired.
No, the rights given by copyright are the author’s immediately upon fixing the work in a tangible medium of expression. These rights may be transferred through a written instrument and the Copyright Office will record such an instrument before or after the work has been registered with the Copyright Office. Copyright Act Section 205(a) . However, there are several important benefits of copyright registration, and it is helpful to register the work so that the recorded assignment references a work indexed in the Copyright Office’s records .
No, essentially for the same reasons, copyrights may be transferred whether or not the underlying work has been published. The Copyright Office will record a document evidencing a transfer of an unpublished work. Copyright Office – Circular 12: Recordation of Transfers and Other Documents .

Legal Services Offered and Cost

Recording of Copyright Assignment Note: this service is for copyright holders who have already transferred their copyright through a written instrument but have not yet filed/recorded the instrument Legal fees: $300 flat fee This includes:

Review of client’s information to ensure legal requirements are fulfilled
Answer client questions, make corrections, and obtain additional information as needed
Review of copyright assignment document to ensure proper transfer is made
Completion of Copyright Recordation Document Cover Sheet
Submission of the assignment document, Cover Sheet, and filing fee with the Copyright Office
Email confirmation of copyright assignment recording by the Copyright Office with official Certificate of Recordation

If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.

Drafting and Recording of Copyright Assignment Legal fees: $300 flat fee

This includes:

Completion of copyright assignment document to make the assignment

WassUp 1.9.4.5 timestamp: 2024-09-28 03:13:27AM UTC (03:13AM) If above timestamp is not current time, this page is cached.

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Assignment of Copyrights & Legal Implications

Copyright gives authors a bundle of personal property or economic rights in an original work of authorship. These rights include the rights to reproduce, create derivative works, distribute work to the public, publicly perform a work, publicly display visual works, and digitally transmit sound records. They belong exclusively to a copyright holder.

Usually, the copyright holder is the person who created the work. However, any of these economic rights, or any part of these economic rights, can be transferred. Under the Visual Artists Rights Act (VARA), an artist’s moral rights in a work of fine art can be waived but not assigned.

An original owner who assigns their copyright to someone else will not retain any right to control how the work is used.

The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale. The original copyright owner sells the rights to a third party and cannot control how the rights are used, just as they would not be able to control how personal property that they sold was used once it was transferred.

Generally, a license is preferable if a copyright holder expects to continue exercising interests and control over the work. For example, if you assign your copyright in a song to a music producer, the decision about whether to allow a film studio to use your song in a film will belong to the producer, not to you. If you license your copyright in a song in a limited capacity to a music producer, however, you will continue to be able to license your copyright in the song to a film producer.

Assignments can be used for many different purposes, such as security for debt, as an asset passed to heirs, or as part of the distribution of assets after a bankruptcy proceeding. Once you assign your rights to somebody else, however, you are permanently giving away your right to control the work. That means if you try to exercise any of the rights you have assigned, you are committing copyright infringement even though you created the work. If you assign your copyright to somebody else and regret the loss, you may be able to buy your copyright back from that person, but whether or not to sell it back to you is up to the assignee.

How Is Copyright Assigned?

Under Section 204 , a transfer of ownership is only valid if the instrument, note, or memorandum of transfer is in writing, signed by the copyright owner or their duly authorized agent. Generally, a certificate of acknowledgment is not required for the transfer to be valid, but it can be used as prima facie evidence that a transfer was executed if it is issued by someone authorized to administer oaths in the United States or, if the transfer is executed abroad, if the certificate is issued by a United States diplomatic or consular official, or a person authorized to administer oaths who also provides a certificate.

Formally recording an assignment with the Copyright Office is not required but can be advantageous.

You do not have to record an assignment in order to assign the interest. However, there are advantages to recording the assignment, such as creating a public record of the transfer details, giving constructive notice to members of the public, establishing priority of rights when there are conflicting transfers of ownership, validating the transfer of the copyright against a third party, or in some cases perfecting a security interest.

Last reviewed October 2023

Intellectual Property Law Center Contents

Intellectual Property Law Center
Copyright Infringement & Related Lawsuits
Copyright Ownership Under the Law
Assignment of Copyrights & Legal Implications
Copyright Licensing Under the Law
Copyright Registration Under the Law
Safe Harbors for Online Service Providers Under Copyright Law
Criminal Copyright Infringement Laws
Enforcement of Copyrights Through Lawsuits & Criminal Charges
Fair Use Defense to Copyright Infringement Lawsuits
Software Development Agreements & Related Legal Concerns
End-User License Agreements Imposing Legal Restrictions on Software
Lists, Directories, and Databases Under Copyright Law
Photos of Buildings and Architecture Under Copyright Law
Photos of Copyrighted or Trademarked Works & the Fair Use Defense to Infringement Lawsuits
Works in the Public Domain After Copyrights Legally Expire
Copyrights and Credits for Songwriters Under the Law
Music Samples and Copyright Infringement Lawsuits
Playing Music in Stores or Restaurants — How to Avoid Copyright Infringement Lawsuits
Consignment Sales by Artists to Stores & Legal Protections
Destruction of Copyrighted Works & Limited Legal Protections
Copyright Legal Forms
Trademark Law
Trade Secret Law
Choosing Among Patent, Copyright, and Trademark for Legal Protection
Intellectual Property Law FAQs
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What Is a Copyright License?

A copyright license gives a licensee authorization to use a work from the copyright owner, usually in exchange for payment.

Find out more about Copyrights

by Michelle Kaminsky, J.D.

Writer and editor Michelle earned a Juris Doctor degree from Temple University's Beasley School of Law in Philad...

Copyright principles related to licensing

Exclusive vs. nonexclusive copyrights.

A copyright license gives a person or entity (“licensee") the authorization to use a work from the copyright owner, usually in exchange for payment. Copyright licenses may be exclusive or nonexclusive, and the rights that come with them vary according to the specifics of each license.

One of the most common copyright license situations is when an author licenses their publisher to publish, distribute, and sell their book. In return, the author receives compensation and/or royalties. Generally, if you want to use someone else's copyrighted work, you should see obtain a copyright license agreement from the owner. And if you are looking to license your work, register your copyright first so your rights to the work are clear.

Copyright owners enjoy several rights to their works: the rights of reproduction, distribution, public performance and display, preparation of derivative works, and, in the case of sound recordings, digital transmission. For works of fine art, the copyright owner also retains moral rights—the right to prevent revision, alteration, or distortion of their work.

One of the benefits of having a copyright, of course, is to be able to stop others from infringing on the work. In some instances, though, a copyright owner may find it beneficial—financially or otherwise—to grant someone else the authority to exercise one or more (or even part of one or more) of the rights that come with the copyright.

Note that the assignment of rights is similar to a license but with an important distinction: When a copyright owner assigns their rights to a work to someone else, they lose the rights.

If you grant an exclusive license of your work, only the licensee can use the work—even you, as the original copyright owner, are excluded from using the work in the manner and length of time described in the license. Moreover, the copyright owner may not authorize anyone other than the exclusive licensee to exercise the granted rights. An exclusive license, therefore, is essentially a transfer of copyright rights.

By contrast, a nonexclusive license allows more than one licensee the right to use the copyrighted work as described in the license. This type of license still allows the copyright owner to reserve and exercise the rights granted as well as to grant the right to other licensees simultaneously.

Licensees, however, may not authorize others to exercise the rights to that work without permission from the copyright owner, and they have no rights to assert claims of copyright infringement. Only the copyright owner may sue and potentially recover damages for infringement.

A copyright license agreement provides the terms of the contract between the copyright owner and the licensee. A strong copyright license agreement includes:

Parties' identities
Name and description of the copyrighted work
Clear statement of who owns the copyright
Type of license
Rights being licensed
Any limiting information regarding the license (such as geography, time frame)
Payment and/or royalty structure
How the agreement may be terminated

Copyright licenses can be a tricky area of law because every situation is different. If you want to be sure you're retaining or purchasing the rights you want, consult an experienced attorney to guide you through the process.

Assignment And Licensing Of Copyright

Contributor.

Introduction

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input 1 . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

The owner of copyright work can generate wealth not only by exploiting it himself but also by sharing it with others for mutual benefits. This can be done by way of assignment or licensing of copyright.

Assignment of Copyright (Section 18)

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work 2 . However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

In Video Master v. Nishi Production 3 , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment (Section 19)

In Saregama India Ltd v. Suresh Jindal 4 , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Disputes with Respect to Assignment of Copyright (Section 19a)

As per section 19(a) the Appellate Board may on the receipt of a complaint from the assignor and on holding such inquiry as it may deem necessary, revoke such assignment, if the assignee fails to make sufficient exercise of the rights assigned to him , and such failure is not attributable to any act or omission of the assignor.

In case of a dispute with respect to the assignment of copyright, the Appellate Board may pass a suitable order on receiving a complaint from the aggrieved party and after holding such inquiry as it considers necessary including an order for the recovery of any royalty payable.

Assignment by Operation of Law (Section 20)

When the owner of a copyright dies the copyright will pass on to his personal representative as part of the estate, provided that no will has been executed. Section 20 provides that if a person is entitled for copyright under bequest and such work has not been published before the death of the testator, unless contrary intention is shown under testators will or any codicil thereto, such person shall be considered as having copyright in the work so far as testator was the owner of copyright immediately before his death.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license (Section 30)

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive - The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory License

Being a member of Berne Convention, India has incorporated the provision of compulsory license in the Copyright Act, 1957. The Act provides for grant of compulsory license for Indian work in the public interest, in certain circumstances:

Works Withheld from Public

The Indian Copyright Act provides for the grant of compulsory licences in work which has been published or performed in public. It empowers the Appellate Board to direct the Registrar to grant license, if a complaint is made to it in writing under the Act, during the subsistence of copyright stating the necessary facts which are conditions precedent to its exercise of power, provided the owner has been approached in the first instance for the grant of license and it is only if he has refused to publish or allow the republication of the work and by the reason of such refusal the work is withheld from the public. In case where two or more persons have made a complaint, the licence shall be granted to the complainant who in the opinion of the Copyright Board would serve the interest of the general public. In Super Cassette Industries Ltd v. Entertainment Network (India) Ltd, Mumbai 5 the respondents who were running a radio FM channel under the brand name Radio Mirchi, made several attempts to obtain a license from Super Cassette Industries ltd (SCIL) to play its sound recordings but failed to get it. The Copyright Board ultimately issued them a compulsory license against which an appeal has been filed in the Delhi High Court. After contemplating over section 31, Court observed that in case compulsory license had to be granted to all, then there was no need of any enquiry as envisaged by section 31. The court also opined that once the copyright was in public, refusal has to be made on reasonable and valid ground. While making an order under section 31, the Board had to maintain a delicate balance between the private rights and the copyright vis-a vis- public interest. The case was sent back to the Copyright Board for fresh consideration.

Compulsory License in Unpublished or Published Work (Section 31-A)

According to this section, where the author is dead or unknown or cannot be traced , or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or translation thereof in any language.

Before making such an application, the applicant should publish his proposal in one issue of a daily newspaper in that language. The application to the copyright board should be in the prescribed form and accompanied by the prescribed fee and with the copy of advertisement issued.

The Copyright Board after making the certain prescribed enquires direct the Registrar of Copyright to grant license to the applicant to publish the work or its translation subject to the payment of royalty and other conditions.

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Any person working for the benefit of persons with disability on a profit basis or for business may apply in prescribed manner to the Appellate Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons. However, where a compulsory licence has been issued, the Appellate Board may on a further application and after giving reasonable opportunity to the owners of the rights, extend the period of compulsory licence and allow the issue of more copies as it deems fit. 6

Statutory License for Cover Versions (Section 31-C)

Cover means a sound recording made in accordance with section 31C. Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so.

The person making the cover version is required to give prior notice to the owner of the copyright in such works and to the Registrar of Copyright at least 15 days in advance of making the cover version. Advance copies of all covers with which the sound recording is to be sold to be provided or royalties to be paid in advance. One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush Aggarwal 7 , stated that sound recording included a subsequent original sound recording made from the musical and literary work and which was called a version recording i.e. a sound recording made after a first sound recording was made by use of the musical work and literary work.

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

Any broadcasting organization, desirous of communicating published work to the public by way of broadcast (by way of television broadcast or radio) or a performance of any published musical/ lyrical work and sound recording, can do so by giving prior notice of this intention to the owners. The notice must specify the duration and territorial coverage of the broadcast. Corresponding royalties are required to be paid to the owner of copyrighted work. Rates of television broadcasting are different from the rate fixed with respect to radio broadcasting. At the time of fixing the rate of royalty the Copyright Board may ask the broadcasting organisation to deposit some amount of money in advance to the owner.

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

Section 32 of the Copyright Act provides that after expiry of a period of seven years from the first publication of a literary or dramatic work, any person may apply to the Copyright Board for a license to produce and publish a translation of work. Where the work is not Indian work, any person may apply to the Board for a license to produce and publish a translation in printed or analogous form of reproduction of a literary or dramatic work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purpose of teaching, scholarship or research. But where translation is in a language not in general use in any developed country, such application may be made after the period of one year from such publication.

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

According to this section, any person may apply to the Copyright Board for a license to reproduce and publish any literary, scientific or artistic work after the expiration of the relevant period from the date of first publication of an edition of such work, if the copies of such edition are not made available in India , or such copies have not been put on sale in India for a period of six months to the general public or in connection with systematically instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf.

The period prescribed are:

Seven years for work related to fiction, poetry, drama, music or art
Three years for works related to natural science, physical science mathematics or technology
Five years for any other work

The term 'assignment' and 'license' are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

1 This is known as the 'Doctrine of Sweat of the Brow', whereby a work is given copyright protection if the author has applied 'labour, skill or judgment' in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

2 Section 18(2)

3 23 IPLR 388 (1998)

4 2007 (34) PTC 522 (Cal )

5 (2004) 29 PTC 8 (DEL)

6 Indian Copyright Act, 1957, Sec- 32 (B)

7 2014 (58) PTC 169 (Del)

8 Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Intellectual Property

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Copyright Licensing and Assignment

(This may not be the same place you live)

What Is Copyright Licensing?

Copyright licensing is the transfer of one or more of a copyright owner’s exclusive rights from the owner to another person or entity so they can make use of them. These rights include the rights to reproduce the work, create derivative works, distribute the work to the public, publicly display visual works, and digitally transmit sound records.

Most often, the transfer of a right or rights is done either with an assignment or a license. With a license, the copyright owner retains their ownership of any right that is transferred. An assignment, on the other hand, transfers all exclusive rights and is comparable to a sale. The original copyright owner basically sells their rights to another person or entity who then essentially owns them.

When an owner assigns their rights to another, they give up the right to control how the rights are used. This is the same as selling any item of personal property; the seller cannot control how the buyer uses the item once it has been sold.

Generally, a license is the preferred type of transaction, if the original copyright holder wants to continue exercising their interests and control over their work. For example, if a person assigns their copyright in a song to a music producer, the decision about whether to allow a film producer to use the song in a film belongs to the producer and not to the original copyright holder.

This result can be avoided if the copyright owner transfers an interest or interests in a song by way of a licensing agreement. Then, the copyright owner retains the ability to license an interest or interests in the song to another entity, e.g., a film producer.

The assignment of a copyright is a form of property, i.e., intellectual property, that can be used like any other item of property that has value. For example, it could be used as security for a loan, bequeathed to heirs, or simply transferred for a price or other consideration .

Once rights have been assigned to another person or entity, the original owner has permanently transferred their right to control the copyrighted work. The original owner would be committing copyright infringement if they were to try to make use of any of the rights that they assigned.

If an original owner were to regret an assignment that they made, they would be able to try to buy back their copyright from the assignee. Then, it would be the choice of the assignee whether to sell their interest or not.

Under federal copyright law, a transfer of ownership is only valid if there is something in writing, e.g., a written assignment agreement, note, or memorandum of transfer, signed by the owner of the copyright or their agent.

The law does not require recording of an assignment with the U.S. Copyright Office, but there are advantages to doing it. For example, it creates a public record of the exact details of the transfer and gives notice to members of the public. It can set the priority of rights if there have been conflicting transfers of ownership. It can validate the transfer of the copyright to one person or entity against another.

What Happens if I Transfer My Exclusive Rights to Another Person?

Can i license the same right to more than one person, how do i transfer my rights to another person, what is a copyright assignment, should i record the transfer of copyright ownership, are transfers permanent, do i need a lawyer to license my copyright.

If the owner of a copyright licenses one or more of their exclusive rights to only one other person or entity with no intention of granting the same right to any other person or entity, the person has granted them an exclusive license.

An exclusive license gives its owner the right to exclude all others, including the original copyright owner, from exercising the rights granted in the license. A copyright owner may choose to grant an exclusive license for several reasons, including:

Profiting from their copyright: The licensee may pay the copyright owner for the exclusive use of one or more of their rights;
Publicity: For example, the author of a book might authorize a movie studio to produce a movie based on the book in order to draw increased publicity to the author and the book. Of course, it could prove to be highly profitable as well.

A person can license the same right to more than one person as long as they make each and every licensee aware of the fact that they are not getting an exclusive license but rather a nonexclusive one. Presumably, a copyright owner could grant an exclusive license for a larger fee than a non-exclusive one.

If a copyright owner wants to transfer one or more of their rights to another person exclusively, they must put the transfer in writing and sign it. However, the creation of a nonexclusive license requires no written document. In fact, nonexclusive licenses can even be implied if the conduct of the parties indicates licensing.

As noted above, a copyright assignment can be described as a kind of exclusive license in which a copyright owner transfers all of his exclusive rights to another person. Like an exclusive license, a copyright assignment must be in writing.

Recordation of a copyright interest with the U.S. Copyright Office is not required to make it valid, but, again, it is a good idea, especially from the perspective of the person who acquires the interest. By recording the license or assignment, they can protect their rights in the event that the copyright owner licenses to someone else. If a person is the first to receive a license, promptly recording the license can protect them from losing their rights to a competing licensee in the future.

If a copyright owner has placed no time restrictions on a license, the transfer of rights is considered to be permanent for a period of 35 years. At that point, the original copyright owner has a 5-year window in which to exercise their right to terminate any licenses or assignments. If the original copyright owner chooses to end a license at this point, the licensee has to give up all the rights granted in the license.

Of course, a copyright owner can grant a license for a specified period of time. They would have to draft a licensing agreement, perhaps with the help of an intellectual property lawyer, that grants the exact rights the owner wants to grant for a desired period of time with any other conditions and restrictions that they want to place on the grant.

The licensing of a copyright can be complex. LegalMatch.com can connect you to an experienced copyright attorney who can draft a licensing agreement for your copyright that provides you with the interest you want and protects it from the claims of others.

Or, if you are involved in a dispute about an existing license, your lawyer can help you resolve it. A copyright attorney can draft an assignment agreement or other form of assignment as well.

Your lawyer can negotiate a resolution or represent you in court if that should become necessary.

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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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Copyright License Agreements: A Comprehensive Guide

Introduction

Copyright License Agreements, which specify the complex conditions governing the transfer of copyrights from one company to another, are the cornerstone of intellectual property transactions. This tutorial article acts as a compass to help you navigate the maze of legal frameworks and contractual nuances by taking you through a thorough examination of a typical copyright license agreement template. Together, we will examine the subtleties, interpreting the importance of key clauses and figuring out the broad ramifications that support these crucial agreements.

Overview of Copyright License Agreement

In legal parlance, a Copyright License Agreement is essentially an agreement made between two entities: the Licensor and the Licensee. In terms of intellectual property law, this contract is the cornerstone, containing an intricate arrangement in which the Licensor—originally endowed with the proprietary rights of copyrights—grants the Licensee a precisely defined privilege.

The Licensor hereby grants a suite of rights to the Licensee, bearing the stamp of copyright ownership. These rights extend beyond the mere initial use of the copyrighted content and cover the wide sphere of distribution. Moreover, the scope of licenses is sometimes expanded to include the subtle aspect of sublicensing, governed by the strict guidelines outlined in the contract clauses.

When we go into the details of this legal arrangement, the Copyright License Agreement takes on the form of a framework carefully crafted to protect both parties’ interests. It defines the boundaries the Licensee can access and use the copyrighted content within. The finer points contained in the terms clarify the acceptable scope of distribution and, under certain circumstances, the flexibility to sublicense, if the Licensor so chooses.

This article aims to shed light on the intricacies of the Copyright License Agreement. We’ll untangle the legal jargon along with various important clauses to understand how Licensor and Licensee work together like a team.

This illustrative agreement is made between a company , a business established and operating under the laws of a State or Province , with its main office at say , XYZ plac e. There are two parties: “Licensee” and “Licensor”. The entity awarding the license is called the licensor, and the entity getting the license is called the licensee.

Key Clauses in the Agreement

1. preamble.

The “Preamble” in a legal document, like this agreement, introduces the parties and gives some background information, context, or a summary of the goals and intentions of the agreement. It usually includes the parties’ identities, the reasons for entering the agreement, and occasionally the more general conditions that gave rise to it.

2. Grant o f License

This clause establishes the framework for the Licensor-Licensee Copyright License Agreement. As per the terms of the agreement, the Licensee is granted an exclusive license by the Licensor to use certain Copyrights within a designated Territory, without having to pay any royalties. The parties may mutually agree to broaden the scope of this license, which includes the sale and distribution of specific goods and services .

T he Licensee is subject to limitations under the agreement, which forbids using Copyrights outside of the predetermined goods, services, and territory. Additionally, the Licensee is not permitted to add Copyrights to its business name without permission. Nonetheless, some exceptions do exist, such as the use of Copyrights on public signage for specific outlets providing a substantial range of specified goods and services, provided that the Licensor has given written consent.

Additionally, the clause outlines the Licensee’s rights with respect to sublicensing and assignment. In the event that the purchased business is sold, the Licensee may assign the Copyright License, provided that the assignee executes a comparable copyright license agreement and notifies the Licensor. Sublicensing to other parties is allowed if the license agreements for those parties contain responsibilities just as strict as those that apply to the licensee. The Licensee is designated by the Licensor as an agent to enforce compliance by other licensees, with a focus on the importance of complying with the terms and conditions outlined in each license agreement.

This clause outlines the term and renewal requirements for the Copyright License Agreement. The agreement is initially effective for a specified term of years from the agreement’s date as decided by the parties. Subsequently, the clause also specifies if the agreement is eligible for automatic renewal, allowing for an indefinite number of additional year terms. The automatic renewal feature is contingent upon two conditions: Licensee’s Written Notice and Non-Default by Licensee.

4. Quality Control

This section requires the Licensee to maintain the high standards linked to the Copyrights. The Licensee must ensure that all Designated Products and Services fulfill quality standards, adhere to applicable legal requirements, and to not bring any discredit upon the Copyrights. In order to ensure compliance and maintain a high standard of quality, the Licensor maintains the right to check the items and their packaging. In general, the section highlights how crucial it is to maintain the superior quality and favorable reputation connected to Copyrights in all facets of creation and dissemination.

5. Copyrights

This next clause, describes the Licensee’s duties and obligations with respect to the intellectual property rights related to the Designated Products and Services:

6. Copyright

This clause states that the Licensor will be the owner of any new copyright resulting from materials pertaining to the Copyrights. To transfer the rights to the licensor, the licensee must make sure that the appropriate copyright assignments are signed. The Licensee consents to assist the Licensor in establishing his ownership of certain rights and to supply the required paperwork in this regard. The section highlights how crucial it is to follow the necessary processes and work together to safeguard the Licensor’s ownership of any newly created copyrights.

7. Indemnification

According to the terms of the “Indemnification” clause, the Licensee and the Licensor will each indemnify the other party and hold it harmless from any liabilities, claims, damages, or expenses resulting from acts done or sustained by the indemnifying party, its agents, or employees while the agreement is being performed. However, in the event tha t copyrights are used in accordance wit h the agreement and there are allegations of copyright infringement in the Territory, neither party is required t o indemnify the other. Any such claim shall be promptly reported by the indemnified party to the indemnifying party. In addition, the Licensee shall keep liability insurance that covers the terms of the agreement and protects both parties and shall provide the Licensor with certificates of insurance upon request. The previously mentioned indemnity requirements are unaffected by this section.

The terms and circumstances under which the Licensor may end the agreement are specified in the “Default” provision. If the Licensee materially defaults on any of its responsibilities and the default is not corrected within a given amount of time after written notification, the Licensor may terminate this agreement. Furthermore, in the event that the Licensee experiences financial difficulties—that is, defaults on debts, assigns assets to creditors, or files for bankruptcy—the agreement will instantly end. Should this agreement be terminated , the licensor will still have all available legal recourse and rights to stop illegal use of the copyrights. The right to continue the agreement and make use of the Copyrights will not transfer to any third party involved in the acquisition of the Licensee’s assets.

9. Termination

This provision lays forth the procedures and repercussions in the event that the agreement is terminated. Following termination, the Licensee shall promptly surrender all righ ts pertaining to the Copyrights to the Licensor, and the Licensee shall n ot util ize the Copyrights in any wa y. For a predetermined extra time, the Licensee can sell the products in its current inventory under the Copyrights, but this is not an exclusive right.

After termination, all registrations or rights pertaining to the Copyrights must be surrendered to the Licensor, and the Licensee forfeits the right to utilize the Copyrights. After termination, the Licensor is still free to enter into contracts with other parties for the marketing, distribution, and sale of certain goods and services linked to the Copyrights in the Territory.

Furthermore, the Licensee agrees to allow the Licensor to request the cancellation of any registrations of the Licensee’s Copyrights, and the Licensee will submit any papers required by the Licensor or regulatory bodies in order to accomplish this cancellation.

10. Representations and Warranties

The copyright license’s terms are outlined in the “Representations and Warranties” clause, which offers it “as is.” The Licensee is guaranteed by the Licensor that they are the rightful owners of the copyrights related to particular goods and services, and that these copyrights are enforceable. The Asset Purchase Agreement contains specific constraints that apply to the representation. In the specified Territory, the Licensee recognizes the Licensor’s legal ownership of the Copyrights. All warranties and representations are made solely for the benefit of the licensee, and they do not apply to assignees or sublicensees. The Copyrights covered by the License are made clear and assured by this paragraph.

11. Notices

All correspondence between the parties shall be in writing and shall be transmitted by registered mail, certified mail, telecopy, or in person, as stated in the “Notices” paragraph. Each party’s address is given, and any changes to addresses need to be reported in writing.

When a n otification is delivered, transmitted via telecopy, or received on the third business day following mailing, it is considered received. This provision guarantees appropriate correspondence and notification protocols between the Licensee and the Licensor.

12. Binding effects

This section specifies that the parties, each other’s heirs and authorized assigns, are bound by the agreement terms. However, the licensee’s assignment is only permitted in relation to the sale of all or nearly all the acquired business, or with the previous written approval of the licensor, contingent upon the licensor’s requirements. With notification to Licensee, Licensor may assign this agreement; however, such an assignment does not absolve the assignor of its duties.

13. Force Majeure

This provision states, provided they are not at fault or negligent, that neither the Licensor nor the Licensee shall be liable for damages or termination due to delays caused by events outside of their reasonable control, such as government orders, wars, fires, strikes, and other unforeseen circumstances.

14. Miscellaneous

This section contains many clauses. It underlines that this agreement supersedes all previous written or oral agreements as the whole understanding between the parties. It cannot be verbally changed, released, or ended. The parties are not partners or joint ventures, as the agreement clearly specifies, and Licensee is not authorized to bind or obligate Licensor. Any waiver is not a continuing waiver, and the applicable law is clearly stated . The other provisions will remain enforceable even if one is found to be invalid. Time is seen as crucial to the performance of the agreement, and headings are merely for convenience.

After both the licensee and the licensor executed the agreement at [ place of execution ] on the designated day, this agreement comes to an end . The printed names and titles of the representatives and the permitted signatures confirm the formal acceptance of the terms and conditions stated above.

In conclusion, Copyrights License Agreement lays out the terms and conditions for the exclusive license of certain goods and services within a given region. It is signed by the Licensor and the Licensee. Important topics including license grant, quality control, ownership of copyright, indemnity, termination, representations and warranties, notices, and other clauses are all covered in the agreement. Recognising their separate rights and responsibilities, each party makes sure that the law is follow ed. The agreement acts as a comprehensive framework for the use and protection of the designated copyrights and expresses the whole understanding between the parties. This agreement, which is being executed at ( place of execution) , strengthens the bond between the Licensor and Licensee in the context of intellectual property licensing

Navigating the legal landscape may not be the most exciting aspect of your job as a creative professional, but it is critical to avoid potential pitfalls. Copyright infringement can result in costly lawsuits and reputational harm. Use appropriate photo release forms to ensure you’re on solid ground. Consider accessing model release templates and other valuable legal advice from legal.desire.consulting for added convenience.

Seeking legal advice when there is uncertainty is a prudent step to maintain professionalism and mitigate potential risks.

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What is the concept of Assignment of Copyright?

In this blog post, Sayan Mukherjee, a student of University of Calcutta, who is currently pursuing a Diploma in Entrepreneurship Administration and Business Laws from NUJS , Kolkata, discusses the concept of assignment in copyright along with the most probable disputes related to it.

Introduction

Copyright, a unique intellectual property meant for the creative brothers and sisters around the world is res incorporalis. In that sense, it has no tangible existence but is a proprietary right and can be disposed of.

In modern life, every individual is aware of the concept of Copyright because of the expansion of media and communication throughout the world. Today’s world has no shortage of ideas, thoughts, modes of expression, and its distribution, which the world media has upheld through the gift of technology coupled with a wider scope of communication and share. This very thing has directed out attention towards the creative world, their rights and obligations, along with their grievances in the form of disputes faced by the creators.

The Copyright Act, 1957 as amended in 2012 is the current vehicle to settle and guide the creators towards betterment and give them some pecuniary opportunities so that they are further encouraged to bless the world with their creativity.

Assignment of Copyright

Nobody is entitled to copy, reproduce, publish or sell an original writing, painting, dramatic production, sculpture, etc. without the permission of the creator. Thus, law provides a right to the owner of the copyright (i.e. the creator) to transfer the ownership of the copyright to a third party. For instance, in the case of making a complete movie – all the creative persons with their idea turned into relevant works come to a producer, assign their rights that subsist in their work in return for a royalty. These works are then summed up to form a complete movie. Yes, the process isn’t that easy and involves many questions that arise both at the time of assignment and especially after it.

Facets of Copyright Assignment

It is a pecuniary opportunity for the first owner of copyright. The assignment must specify the amount of copyright [vide Section 19(3) of the Copyright Act]. The creator shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright, subject to certain conditions. [vide Section 18(1) proviso of The Copyright Act, 1957 [1] ]
In the case of an assignment of copyright in any future work, it shall take effect only when the work comes into existence. In this regard, “assignee” includes the legal representatives of the assignee, if he dies before the work comes into existence. [vide Section 18(1) proviso of the Copyright Act]
The ownership may be assigned either wholly or only for a part of the work in question. [vide Section 18(1) of the Act]
The Copyright Assignment must be in writing and signed by the assignor or by his duly authorized agent. [vide Section 19(1) of the Act]
The duration of assignment must also be specified. The Delhi High Court recognized Section 19(5) and stated that if the assignment deed is silent about the duration, it shall be deemed to be 5 years from the date of assignment [2] .
The agreement deed may specify the territorial extent of such assignment. If silent, it shall be presumed to extend within India. [vide Section 19(6) of the Act]
The assignment shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties. [vide Section 19(3) of the Act]
Where the assignee fails to exercise his rights within one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed, unless otherwise specified in the assignment deed. [vide Section 19(4) of the Act]
If the assignment is in contrary to the terms and conditions of the rights already assigned to a copyright society to which the creator is a member, it shall be deemed void. [vide Section 19(8) of the Copyright Act [3] ]
The creator is entitled to subsequent royalties in the course of future exploitation of a cinematographic film, which includes his work, other than by way of exhibitions in a cinema hall. For example, the creator will be entitled to subsequent royalties for satellite right, home video, internet rights, the etc. Similar clause has been added for the case of sound recording. [vide Section 19(9) and 19(10) of the Copyright Act [4] ]
In the case of a manuscript, the copyright being a personal property of the owner can be transmitted by testamentary disposition. [vide Section 20 of the Act ]
The equitable assignment is just the agreement to assign.
The assignee has the rights of- translation, abridgment, adaptation, dramatic and filmmaking in the work.
For relinquishment of work, the author has to give notice in prescribed form to the Registrar of Copyrights or by way of public notice. On its receipt, Registrar shall publish it in the Official Gazette. With 14 days of the publication, the Registrar shall post the notice on the official website of Copyright Office, so that such notice remains in the public domain for not less than three years. Such right shall cease to exist from the date of the notice. [vide section 21 of the Copyright Act]

It may be noted in this context, that the author has an alternative for the shortcomings or confusions of assignment of copyright. They can register their work with a copyright society and thereafter license it to whomsoever they desire.

Moral Rights involved in Copyright Assignment

Moral rights are independent of the author’s copyright and shall remain with the author even if he has assigned his copyright.

The creator of work has the right to claim ownership thereof;
In case of any distortion, modification or mutilation of the original work, he shall have the right to claim damages;
If harm is being caused to the goodwill of the creator by commission or omission of any act by the assignee, he shall have the right to damages provided such an act is done before the expiration of the term of assignment.

Foreseeable disputes

The first dispute which may arise is that as regards the period of copyright assignment. The statute is very particular that an assignment has to be for a specified period even if there is an agreement in contrary [5] . [vide Section 19(2) of the Copyright Act]
Again, in a situation where assignee fails to exercise his rights assigned to him, and the assignor’s actions do not influence such failure, then, the statute empowers the Copyright Board, on receipt of a complaint from the assignor, to take cognizance of the case and make necessary inquiries as it may deem fit. It further gives a discretionary power to the Board where it can revoke such assignment. [vide Section 19A(1) of the Copyright Act]
In the case of a monetary dispute over a copyright assignment, the Copyright Board has the power on of a complaint from the aggrieved party, to hold an inquiry and pass necessary order including an order for the recovery of any royalty payable [vide Section 19A(2) of the Copyright Act]. Any such final order must be passed within a period of six months from the date of receipt of the complaint. Delay in compliance shall oblige the Board to record the reasons thereof. [vide Section 19A(3) of the Copyright Act [6] ]

The feasibility of Copyright Assignment is highly questioned because of the rising counts of Copyright Infringement cases. The sole objective of assignment process is to provide both pecuniary as well as distribution benefits to the original work of the creator. It cannot be used to deprive the original owner permanently from his creation.

Copyright Assignment is an inevitable necessity in this dynamic world. People can’t be self-sufficient in every respect. For the better frame of the Art, the ownership right of the creation needs to change hands and bring out the full potential of the original work by exploring various tiers of creativity.

[1] Inserted by Copyright (Amendment) Act, 2012.

[2] Pine Labs Private Limited vs. Gemalto Terminals India Private Limited and others (FAO 635 of 2009 and FAO 636 of 2009)

[3] Inserted by Copyright (Amendment) Act, 2012.

[4] Inserted by Copyright (Amendment) Act, 2012.

[5] Saregama India Ltd. V. Suresh Jindal AIR 2006 Cal. 340.

[6] Inserted by 2012 Amendment.

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What's the difference between Copyright and Licensing?

There are two other questions, specifically related to Licensing and Copyright .

In reviewing the answers and comments, I get the feeling that people generally consider the two to be the roughly same thing. If this is true, why do we worry about both?

It seems to me that they are very different things:

For copyright

It exists, without me doing anything to assert it, from the moment of creation.
Unless explicitly assigned, or surrendered, it persists regardless of licence chosen for the software.
It grants the creator very specific legal rights and remedies (although, these may vary by jurisdiction).
Most forms of copyright have a defined duration (usually life + 'n' years).
In an open source project, every contributor retains copyright in their own contributions.

For the Licence

It is a legal document
I have to explicitly choose, or create, the license. It does not apply automatically.
It grants users of the software specific, and limited, rights.
Unless stated in the Licence itself, or until it is revoked, it remains enforceable in perpetuity.

Are they aspects of the same thing, or do they actually serve two different populations (producers and consumers)?

5 This sounds like a legal document. Preamble... Oh dear... :/ But excellent question. :) – Zizouz212 Commented Jun 24, 2015 at 21:41
1 Nah, a preamble is a series of zeroes and ones to pump up the charge in the receiving radio :) – kdopen Commented Jun 24, 2015 at 22:33
1 With most licenses, you don't enforce the license, you enforce the copyright. That one has a license is a defense to an accusation of copyright infringement. (EULAs and shrink wraps are exceptions. But this applies to true licenses like the GPL, the Apache license, and so on.) – David Schwartz Commented Feb 21, 2019 at 22:05

3 Answers 3

Licensing is the legal term used to describe the terms under which people are allowed to use the copyrighted material.

You can think of it in terms of physical property, if you want, the copyright is like the "deed" to a house. It says you own the house. If you want, you can rent the house out to someone, and that rental agreement is the 'license'.

Copyright is different to a "deed" in that it is possible to license the material in different ways, to different people, all at the same time.

Like a "deed", though, you can sell ownership of the code to someone else, and that would be called a copyright transfer.

Only the copyright owner (or their agent) can enter in to a license agreement.

A notable exception to your "every contributor retains copyright in their own contributions":

Many large projects use a Contributor License Agreement that specifies that copyright for contributed code is transferred from the code's author to the project/organization.

2 Yep. I was thinking of that with the "Unless explicitly assigned, or surrendered," point under copyright, – kdopen Commented Jun 24, 2015 at 22:30

It can be bought and sold like any other property – a house, a car, a pen.

The difference with copyright and other personal property is that it’s intangible.

Houses (and the land they are on) are a type of property named “real property”.

Basically, real property is the land. The house is “attached” to the land (by being built on it) and therefore for legal purposes becomes part of the land. The house is inseparable from the land.

Cars and pens are choses in possession, or chattels.

They are things you can touch, pickup and hold, which aren’t land or things affixed to land, like houses.

Intellectual property rights are intangible rights. You can’t touch them. They’re incorporeal rights, although it’s not fashionable to call them that.

More technically, copyright along with the other intellectual property rights are choses in action.

As choses in action they’re like a debt: they can only be enforced by legal proceedings. They’re a legal fiction: they only exist in law, unlike your pen or house.

As you know, copyright protects source code. It also protects the written word in books.

When you walk into a bookstore and buy a book, you’re buying the printing copy of the book. You’re not buying the copyright in the book.

Buying the copyright in a book means that you are able to exercise the exclusive rights of the copyright owner of the written word in the book. In this context, that means:

copy the book;
authorise others to copy the book.

Source code is protected in the precisely the same way as books.

That’s because the written words in books are the same type of copyright work as source code: literary works.

To put it another way, the written words which make up the source code is the form of a work protected by copyright: a literary work.

Like all intellectual property rights, copyright vests in the work itself to protect it.

You might imagine the book or the source code soaked (like a sponge soaks up water) in copyright.

That would mean:

for so long as copyright subsists in the source code, it is soaked in intellectual property rights;
when the term of copyright protection expires (think 70+ years from the time it is created), the source code is no longer soaked in copyright.

At that point in time, the source code is no longer soaked in copyright and it's no longer protected by copyright. Anyone can:

issue copies of it to the public,
rent copies to the public,
make copies available to the public;
edit it, and/or
give permission to others to perform the acts above in respect of the copyright work.

You've probably heard some of those terms in the context of copyright, or similar terms.

They're some of the exclusive rights of the copyright owner: the rights which the copyright owner gets as a result of ownership of the copyright.

A licence is a grant of a permission.

They can be:

granted verbally;
granted in writing;
implied by law; and/or
supported by contractual consideration or not;
exclusive, non-exclusively or sole

The owner of copyright is the owner of the exclusive rights granted by copyright (some which are listed above).

Let’s say I own some land. I can give permission to somebody or lots of people to:

enter onto the land. I can specify the time of day they can enter onto the land
the time by which they must leave
what they need to wear (or not) when they enter into the land.
limit which parts of the land they can go to.

Same with copyright works (ie literary works, artistic works et al), such as literary works that I own. I can carve up the permissions however I like as copyright owner.

The maximum length of a licence to use a copyright work – if it’s written properly - will only last for the term of copyright, and no longer.

So after all of that, the answer to your question is that:

they are aspects of the same thing; and

they serve two different populations or markets:

a. copyright owners; and

b. people that want to use the copyright work, ie licensees.

1 Chose in action is a legal term of art. See hallellis.co.uk/chose-in-action , as with chose in possession. – lellis Commented Oct 6, 2019 at 15:22

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Recordation Overview

ELECTRONIC RECORDATION SYSTEM AVAILABLE TO THE PUBLIC

The Recordation System is now open to the public for recordation of certain transfers of copyright ownership and other documents pertaining to a copyright under section 205 of Title 17 of the United States Code .

For more details about how to submit your documents online, see the Recordation System webpage .

Under the Copyright Act, the U.S. Copyright Office accepts certain types of documents for filing and indexing into the Office’s public records. There are three primary types of documents that may be submitted for recordation: transfers of copyright ownership, other documents pertaining to a copyright, and notices of termination. Once indexed by the Office, recorded documents become available for inspection by the general public.

Currently Processing - Paper Submissions: January 2023 (basic filings); May 2024 for notices of termination.

For faster processing, please use our new online Recordation System .

Regardless of the processing time for your recordation(s), the effective date of recordation is the date the Copyright Office receives your complete submission in acceptable form.

Person handing a document to another person

Transfers of Copyright Ownership

A transfer of copyright ownership is “an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license.” 17 U.S.C. § 101 .

Person looking through stack of documents

Notices of Termination

A notice of termination is a notice that terminates a grant to a third party of a copyright in a work or any rights under a copyright. Only certain grants may be terminated, and only in certain circumstances.

More Information about Recordation

Compendium of U.S. Copyright Office Practices (Chapter 2300: Recordation)
Recordation of Transfers and Other Documents (Circular 12)
Calculating Fees for Recording Documents and Notices of Termination (Circular 12A)
Document Cover Sheet (Form DCS)
Notice of Termination Cover Sheet (Form TCS)
17 U.S.C. §§ 203 , 204 , 205 , 304(c) , 304(d)
37 C.F.R. §§ 201.4 , 201.10 .
Declarations of Ownership in Musical Works
Information about submitting other types of documents to the Copyright Office

Recordation Fee Calculator

(Excludes Notices of Termination)

*Note that electronic title lists may not be submitted with notices of termination.

Introductory information regarding recordation of transfers of copyright ownership and other documents pertaining to copyright. Note that some of the information in this Circular, in particular the requirements for recordation, have been superseded by the Copyright Office’s final rule on fees for recording documents with electronic title lists and interim rule on document recordation. For information regarding current practices, please visit the Office’s Recordation web page .

Faculty & Staff

Managing Rights

Consolidation of Rights | Assignment | Licensing | Enforcement

Copyright is a valuable intellectual property which requires managing that copyright asset over time. Managing copyright means:

Controlling how a work is used by others
Granting permissions and licenses
Responsibilities for the life of the copyright

The creation of new copyrighted works in the University raises complex copyright questions with respect to ownership of the new materials. It can be a daunting task to sort out authors from other contributors, establishing whether works are works made for hire or independent efforts, and considering whether a work is a joint work, a compilation, a derivative work, or it uses pre-existing content.

Without agreements to consolidate or transfer rights, copyright law will determine copyright ownership. Copyright owners, whether individual authors or University of Washington, may find they have insufficient rights to make it possible to share, publish, and disseminate the work as they desire.

Once rights are established, rights are transferred only by an agreement and are generally enforced through litigation.

Consolidation of Rights

When you are preparing a work with many copyright elements and many contributors, you need to consolidate the rights with the entity that is going to publish or disseminate the work. Consolidation of rights:

Clarifies ownership
Ensures publication
Identifies party responsible for work

Benefits of consolidation

Having your rights consolidated shows potential publishers or distributors that the project managers can manage risk and are prepared for the product’s future.

When there is clarity regarding the copyright rights for each project, it is easier to stop others from producing content which is too similar, easier to create relationships with those interested in the project, and easier to control the product’s quality.

Without identifying ownership of particular elements, it is difficult to ensure the project can be released.

How to consolidate rights

The consolidation of rights is accomplished through either an assignment of copyright, which transfers ownership of the work to another, or through a license, which grants permission to use a work in a certain way. Both assignments and licenses are part of creating works within a university setting.

Creators may be asked to assign rights in scholarly work to a publisher so that the work may be published. Alternately, creators may be asked to grant a license to the University to use work you own in a project.

Consolidation and UW copyright

You may be asked to transfer your copyright to the University if, as defined under UW Copyright Policy, you used University staff, resources or funding, or the University has obligations to provide such materials as required elements under a grant, contract, or other award.

Creators and consolidation

If it is determined that rights should be consolidated with the University, the creator of the work retains a say in how the work is used, credit for having prepared the work, and in most cases, a share of any royalties that may be generated if the work is commercialized.

When you are working on this type of project, you may be asked to sign a participation agreement that will clarify your rights and responsibilities on a particular project.

An assignment is a transfer of the ownership of the copyright.

Assignment of copyright transfers ownership to another person or entity. Assignment may also prevent you from using that work, even if you were the original author.

A way to visualize assignment of copyright is to analogize the process to that of selling your house. You may have built the home and lived in the home for a period of time and had all the rights to permit or exclude visitors to your home, but once the home is sold you know longer have the rights of ownership of that particular home.

The impact of assignment of a copyright work is that you no longer own it and therefore cannot freely use it. If you assign the rights in your work to a publisher, you give up any ownership interests you have in the work.

By assigning the copyright, if you want to include a significant part of the work in a course pack for one of your courses, or in a later publication, you will need to get permission from the publisher. This may mean you will possibly have to pay royalties to use what you authored. Since a copyright lasts for at least 70 years, even if your book goes out of print, you cannot reproduce it without permission.

Be cautious in assigning copyright to publishers and external entities. Make sure that you will be able to accomplish what you want in the future with the work you created.

Licensing is a business arrangement in which one party authorizes another party use of intellectual property and the terms that use might entail.

Licensing of intellectual property allows:

Publication

A license is a grant of permission to use a work in a manner that would otherwise infringe a copyright if the permission were not given. Licenses are used by copyright owners to allow others to copy, distribute, adapt, perform or display a copyright work.

How you license a work usually depends on what you are trying to achieve. Licenses can be very broad and grant a number of rights, or they can grant limited rights for limited times. For example, you could grant a publisher the right to use your work in a printed journal, but not grant the right to use the work online. You might grant someone the right to make and distribute copies of a work in a certain class, but not for its use in commercial ventures.

Matching license to goals

By carefully constructing licenses, the owner of a work can control how a work is used and achieve the maximum impact for the work. By thinking through what your goals are for the work, you can match the license rights to achieve your goals.

Some ideas for matching license rights and goals:

License by format, distribution, or market. It may be desirable to break up licenses by format and medium of deployment as well as by market sector. This serves the objective of broad dissemination of the results of research and fulfils both academic and public service objectives.
Retain update rights. It may also be desirable to retain control over updates and improvements of the work to ensure that the work maintains academic integrity and represents authors and the University appropriately.

UW CoMotion

UW CoMotion manages and pursues licensing arrangements if the University owns or has an interest in a copyrighted work. Licensing a work usually comes with some risk and entails University time and resources to negotiate with potential developers or users of the work, maintain the relationship, and manage the rights and financial arrangements. For more information about this process, contact UW CoMotion .

Public domain

Works that have been released to “Public Domain” are available free of charge and have no restrictions on who uses them or how they are used. Anyone can create proprietary products from works that are in Public Domain. In addition, works in Public Domain can be edited, revised, or sold without notice to the author(s).

Works that are no longer within the statutory protection of copyright are in Public Domain. For information on statutory time limits under the Copyright Act, see the section on Determining Copyright Status .

"Open Source" software code

Some software developers use an “Open Source” model for sharing their software with others. There are many varieties of Open Source licenses. Generally, an Open Source license requires free distribution of the software and distribution of the source code.

Open Source is not the same thing as Public Domain. Public Domain works are not copyrighted; Open Source works are copyrighted and the terms of their use are covered by a license.

Open Source licenses generally fall into two categories:

“Permissive” require that the software be distributed for free and come with a permission to redistribute and modify the code. There are distinctions between the Permissive licenses which are articulated here .
“Copyleft licenses” require that in addition to being distributed for free, any modifications to the software are also distributed for free. The most common “Copyleft license” is the GNU General Public License (or “GPL”). GNU’s homepage on Copyleft is located here .

Enforcement

Copyrights are enforced through:

Copyright registration
Controlling use

If you own the copyright in a work, you may sue anyone who violates any of your exclusive rights for damages. Unfortunately, lawsuits are expensive and unless you are making a lot of money from your work, you may find the cost of litigation in federal court may greatly exceed the amount of damages you could recover.

However in 2020, Congress passed the Copyright Alternative in Small Claims Enforcement Act (CASE Act) which directed the Copyright Office to establish the Copyright Claims Board (“CCB”). For copyright disputes under $30,000, the CCB may be a preferred approach in dispute resolution.

Registration and litigation

To preserve the right to sue infringers, you need to file a copyright registration on your work with the U.S. Copyright Office. Registration can be filed any time up to three months after an infringement has occurred. However, you can recover greater damages in a lawsuit if you have registered your work prior to infringement.

Since lawsuits are not always practical, you should consider other means of ensuring your work is used by others in accordance with your wishes. The best method for enforcing your rights is through controlling how others may access your work or establishing ground rules for use in a license.

TERM OF COPYRIGHT, ASSIGNMENT, AND LICENSING (SECTION 18-31) UNDER INDIAN COPYRIGHT ACT, 1957

Published by admin on october 15, 2023 october 15, 2023.

This article is written by Megha Arora, an intern under Legal Vidhiya

In this article, we will delve deeper into the specific provisions of the Indian Copyright Act,1957 outlining the terms of copyright protection, assignment, and licensing. It emphasizes the significance of these legal aspects in protecting creators’ rights and promoting innovation while providing clarity for businesses and the public.

Copyright Act 1957, Copyright protection, Term of Copyright, Assignment of copyright, Licensing of copyright, Intellectual property, Creative works, Indian copyright law, Copyright duration, Copyright assignment, Copyright licensing.

INTRODUCTION

Copyright laws serve as the backbone of intellectual property protection, safeguarding the creative works of individuals and entities across various domains. In India, these laws are enshrined in the Indian Copyright Act, 1957, granting exclusive rights to creators, authors, and copyright holders, allowing them to control the use and distribution of their original works. Copyright, as a legal concept, plays a pivotal role in promoting innovation and creativity by providing authors and creators with the assurance that their efforts will be rewarded and protected.

Understanding the intricacies of copyright terms and the mechanisms of assignment and licensing is of paramount importance in today’s age. It empowers creators, businesses, and even consumers to navigate the complex landscape of intellectual property rights. The knowledge of copyright terms, the processes of assigning copyright, and the nuances of licensing agreements is essential for creators seeking to monetize their creations, for businesses aiming to use copyrighted content legally, and for the general public to appreciate the boundaries of lawful use.

In this article, we delve into Sections 18-31 of the Indian Copyright Act to shed light on the term of copyright protection and the rules governing its assignment and licensing.

TERM OF COPYRIGHT [SECTION 22 – SECTION 29]

Copyright protection is a fundamental aspect of intellectual property law that grants authors and creators exclusive rights to their creative works. In India, the term of copyright protection is outlined from section 22 to section 29 of the Indian Copyright Act, 1957. This section provides a clear framework for how long copyright protection lasts for different categories of creative works.

Here’s a detailed explanation of the term of copyright protection in India:

A. COPYRIGHT IN THE CASE OF LITERARY, DRAMATIC, ARTISTIC, AND MUSICAL WORK [SECTION 22]

For literary, dramatic, musical, and artistic works, the term of copyright protection subsists during the lifetime of the author plus an additional 60 years from the beginning of the calendar year immediately following the year in which the author passes away.

And if the work is produced by co-authors jointly or has multiple authors, the copyright lasts for the lifetime of the last surviving author plus an additional 60 years from the beginning of the calendar year immediately following the year in which the author passes away.

This provision ensures that the rights to creative works remain with the author during their lifetime and are extended to their legal heirs and successors for six decades after their demise.

B. COPYRIGHT IN ANONYMOUS AND PSEUDONYMOUS LITERARY, DRAMATIC, ARTISTIC AND MUSICAL WORK [SECTION 23]

In the case of literary, dramatic, musical, or artistic works (excluding photographs) published anonymously and pseudonymously, copyright protection can extend for up to 60 years from the beginning of the year following the year of their initial publication.

However, if the author’s identity is revealed before this sixty-year period of copyright protection, the countdown stops, and the remaining copyright duration is calculated from the beginning of the year following the year of the author’s death.

Identities of Co-authors are disclosed – In the case of co-authored anonymous or pseudonymous works, if the identity of one or more co-authors is disclosed before the 60-year mark, the same principle applies. The countdown stops, and the remaining copyright duration is calculated from the beginning of the year following the death of the last co-author whose identity was disclosed.

This provision ensures clear and precise guidelines for determining the term of copyright protection for anonymous or pseudonymous works, promoting transparency in copyright law and protecting the rights of both authors and the public. It prevents the exploitation of loopholes that might have allowed perpetual anonymity to extend copyright protection indefinitely.

C. COPYRIGHT UNTIL SIXTY YEARS FROM THE BEGINNING OF THE CALENDAR YEAR NEXT FOLLOWING THE YEAR IN WHICH THE WORK IS PUBLISHED [SECTION 24-SECTION 291

POSTHUMOUS WORK [SECTION 24]

According to Section 24, if the author of literary, dramatic, musical works, or engravings dies before they are published, section 24 specifies that the copyright will last for sixty years from the beginning of the calendar year immediately following the year in which the work is first published.

In cases where an adaptation of this work is published before the author’s death, the sixty-year period is calculated from the beginning of the calendar year following the year of the adaptation’s publication.

This provision ensures that even if an author passes away before their work is published or an adaptation of the work is published earlier, the work still receives copyright protection for a reasonable duration. This helps protect the rights and interests of the author and their heirs in such situations.

2. CINEMATOGRAPH FILMS [SECTION 26]

In the case of cinematograph films, the copyright term is slightly different. It lasts for 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

This provision is intended to protect the interests of film producers and creators in the realm of cinema.

3. SOUND RECORDINGS [SECTION 27]

Sound recordings, a vital part of the music industry, are granted copyright protection for 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

Similar to cinematograph films, this term aims to safeguard the rights of those involved in the creation and distribution of sound recordings.

4. GOVERNMENT WORKS [SECTION 28]

In the case of Government works, the government is considered the first owner of the copyright work, and the copyright lasts for sixty years from the beginning of the calendar year that comes after the year in which the work is initially published.

5. WORKS OF PUBLIC UNDERTAKING [SECTION 28 A]

Under Section 28A, when a public undertaking holds the first ownership, the copyright remains in effect until 60 years from the beginning of the calendar year following the year when the work is first published.

6. WORKS OF THE INTERNATIONAL ORGANISATION [SECTION 29]

In the case of works of any international organizations that are covered under Section 41 of the Copyright Act, the copyright protection will last for a period of 60 years from the beginning of the calendar year immediately following the year in which the work is first published.

ASSIGNMENT OF COPYRIGHT [SECTION 18-19]

Copyright assignment refers to the transfer of exclusive rights and ownership of a copyrighted work from the copyright holder (assignor) to another party (assignee), often in exchange for consideration. In India, the Copyright Act of 1957 governs these assignments in Sections 18 and 19. This legal process allows individuals or entities to buy, sell, or transfer copyrights to works such as literary, artistic, musical, or cinematographic creations.

In the case Gramophone Company of India Ltd. v. Shanti Films Corporation, [1] Calcutta High Court held that “copyright is a beneficial interest in movable property which is capable of being transferred by “assignment”.

In the case of Video Master v. Nishi Production [2] , the Bombay High Court examined whether the assignment of video rights encompassed the right to satellite broadcast. The Court upheld the defendant’s argument, acknowledging that there were distinct methods of public communication, including terrestrial television broadcasting (Doordarshan), satellite broadcasting, and video TV. It was determined that the film’s owner held separate copyrights for each of these modes and could assign them to different individuals. Therefore, the copyright assigned to the plaintiff specifically for video rights did not extend to satellite broadcast rights.

OWNER TO ASSIGN THE COPYRIGHT [SECTION 18]

Section 18 of the Copyright Act, 1957, deals with the assignment of copyright, outlining the conditions and requirements for such transfers.

According to Section 18 of the Copyright Act, 1957, the owner of copyright in an existing work or someone who expects to own copyright in a future work can transfer the copyright, either completely or partially, with or without limitations, for the entire copyright duration or just a portion of it. However, when assigning copyright to a future work, the assignment only becomes effective once that work is created.

Furthermore, if the assignee (the recipient of copyright) gains any rights from the copyright, they are considered the copyright owner for those assigned rights, while the assignor (the original copyright holder) retains ownership for any rights not transferred.

This section also clarifies that the term “assignee” for future works includes the assignee’s legal representatives if the assignee passes away before the work is created.

MODE OF ASSIGNMENT [SECTION 19]

Section 19 focuses on the effect of the assignment, including the rights and obligations of both the assignor and the assignee. Assignments can be partial or complete, and they are typically formalised through written agreements to ensure clarity and enforceability under the law.

Following are the basic requisites for a valid assignment:

An assignment of copyright for any work must be in writing and signed by the person assigning it or their authorized representative.
The assignment must clearly specify the work, the rights being transferred, the duration, and the geographical scope of the assignment.
The assignment should outline the royalty amount and other compensation payable to the author or their legal heirs during the assignment’s validity. The terms of the assignment can be revised, extended, or terminated by mutual agreement.
If the assignment doesn’t state a specific duration, it’s assumed to be five years from the assignment date.
If the assignee doesn’t exercise the assigned rights within one year of the assignment date, those rights will be considered expired unless otherwise specified.
If the geographical scope of the assignment isn’t mentioned, it’s presumed to cover only India.
Assignments of copyright that contradict the terms and conditions of rights already assigned to a copyright society, of which the author is a member, are considered void.

In Saregama India Ltd. v. Suresh Jindal [3] , it was determined that the owner of a copyright in a forthcoming work has the authority to transfer the copyright, either entirely or in part, for the entire duration of the copyright or a portion thereof. Following the assignment, the assignee is legally considered the copyright owner under this act.

BENEFITS OF COPYRIGHT ASSIGNMENT

Transfer of Ownership: Assigning copyright means selling all rights to the work, giving the new owner complete control.
Monetary Gain: The copyright owner receives payment for selling the rights, providing immediate financial benefit.
Reduced Legal Risk: The assignee takes responsibility for protecting and enforcing the copyright, reducing the legal burden on the original owner.
Exclusive Rights: The assignee gains exclusive rights, preventing the original owner from licensing the work to others.
Simplified Management: The assignee handles all copyright-related tasks, streamlining administrative duties for the original creator.

TRANSMISSION OF COPYRIGHT IN A MANUSCRIPT THROUGH TESTAMENTARY DISPOSITION [SECTION 20]

According to Section 20 of the Copyright Act, 1957, when a person inherits a manuscript of a literary, dramatic, or musical work through a will and that manuscript has not been published, the individual named in the will becomes entitled to the copyright in the work to the extent that the person who made the will was the copyright owner just before their passing.

And in this section, the term “manuscript” refers to the original document containing the work, regardless of whether it was handwritten or not.

AUTHOR’S RIGHT TO RELINQUISH COPYRIGHT [SECTION 21]

Section 21 of the Copyright Act, 1957, allows an author to voluntarily give up some or all of the rights associated with their work. To do this, the author must provide formal notice in the prescribed format to the Registrar of Copyrights. The Registrar of Copyright then publishes this notice in the Official Gazette. And once the notice is published, the author’s rights cease to exist from that date.

It’s important to note that when an author relinquishes any right within their copyright, it does not impact any existing rights held by other individuals as of the date of the notice.

LICENSING OF COPYRIGHT [SECTION 30-31]

Copyright licensing is a legal agreement that grants permission to others to use, reproduce, distribute, or otherwise exploit a copyrighted work, subject to certain terms and conditions. It essentially allows copyright holders to share their rights with others while maintaining control over how their work is used. A license and an assignment deed often share similarities, but it’s crucial to highlight and document the specific details they each contain. They are mentioned below:

Time period of the license;
The rights that have been licensed;
Geographical scope or range covered by the license;
The stipulated royalty amount as part of the agreement;
Clauses and terms related to the termination, modification, and extension of the agreement.

Section 30 to Section 31D of the Copyright Act, 1957, discuss different types of licenses:

LICENSE GRANTED VOLUNTARILY BY THE COPYRIGHT OWNER [SECTION 30]

According to section 30, the copyright owner of an existing work or the potential copyright owner of a future work can grant rights in that work through a written license, which must be signed by them or their duly authorized representative. However, if the license pertains to the copyright of a future work, it will only take effect once that work is created.

In the event that a person to whom a license for a future work is granted under this section passes away before the work is created, their legal representatives will, unless the license states otherwise, inherit the benefits of the license.

There are generally five types of voluntary licenses:

1)Exclusive License: Defined under Section 2(j) of the Copyright Act, it grants rights to the licensee and authorized individuals within a specific group.

2) Non-Exclusive License: It grants permission without excluding others, allowing certain actions that would otherwise be considered infringement. When an exclusive right is granted, the owner relinquishes all economic rights.

3) Co-Exclusive License: The licensor grants licenses to a limited number of licensees, recognizing exclusivity among a select few.

4) Implied License: The author implicitly allows or authorizes the use of their work, often when they are aware of someone using their work but don’t take action.

5) Solo License: Both the licensor and licensee can exclusively use the work, excluding any third parties.

2. COMPULSORY LICENSE [SECTION 31 – 31B]

i.) COMPULSORY LICENSE IN THE WORK WHICH IS WITHHELD FROM THE PUBLIC [SECTION 31]

Section 31 establishes provisions for compulsory licenses in cases where the copyright owner of a published or publicly performed work unreasonably refuses to allow its republication, re-communication, performance, or communication to the public during the copyright term. If such a situation arises, a complaint can be filed with the Commercial Court. The Commercial Court will then listen to the copyright owner and conduct any required investigations. Following this process, if the Commercial Court determines that the refusal lacks reasonable grounds, it can instruct the Registrar of Copyrights to grant a license. This license allows qualified individuals, as determined by the Copyright Board, to republish or re-communicate works that have been withheld from the public.

In Entertainment Network (India) Ltd. v. Super Cassette Industries [4] , the Supreme Court ruled that under Section 31(1)(b), if the copyright owner declines to permit the public communication of a sound recording under terms the complainant deems reasonable, a complaint to the Copyright Board for the issuance of a compulsory license is permissible. However, the court must carefully consider and balance the rights of the copyright owner and the individual seeking the compulsory license while granting license.

In Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. [5] , the Supreme Court outlined the requirements for obtaining a compulsory license under Section 31 of copyright law:

i.) the applicant must demonstrate that the owner of a published work has indeed withheld the republication of that work.

ii.) the withholding by the owner must be based on grounds that are legally considered “unreasonable.”

The Supreme Court emphasized that determining whether the owner’s grounds for not allowing republication are reasonable requires a full hearing. These reasons go beyond just monetary consideration and can include concerns about personal safety. The Court also made it clear that granting a compulsory license during ongoing Section 31 proceedings would be premature, especially if the owner has valid non-monetary reasons for withholding republication. Therefore, a compulsory license should only be granted after the court finishes the proceedings and makes a final decision, not as an interim order.

ii.) COMPULSORY LICENSE IN PUBLISHED OR UNPUBLISHED WORK [SECTION 31A]

Section 31A deals with compulsory licenses for works created by Indian citizens who either pass away or become untraceable before publication. In such a case, anyone can apply to the Commercial Court for a license to publish or translate such works. But before applying, the applicant must advertise their proposal in an English newspaper, and, if the application pertains to the publication of a translation in a specific language, the applicant must also announce the proposal in that particular language. Once the application, along with a copy of the advertisement, is submitted to the Commercial Court, a prescribed inquiry is conducted, and if approved, the registrar of copyright may grant a license. The Registrar can require the applicant to deposit royalties in a specified account as determined by the Commercial Court. This provision ensures that the copyright owner, their heirs, executors, or legal representatives, can claim this royalty at any time.

iii.) COMPULSORY LICENSE TO BENEFIT DISABLED [SECTION 31B]

Section 31B was introduced into the Copyright Act, 1957, by the Copyright (Amendment) Act, 2012, serves the purpose of expeditiously granting compulsory licenses for the benefit of disabled individuals.

Section 31B allows anyone, including profit-oriented entities or those serving individuals with disabilities, to apply for a compulsory license to publish a copyrighted work for the benefit of disabled individuals. The application goes to the Commercial Court with a prescribed fee, which must resolve it within two months. The Commercial Court may verify the applicant’s credentials and the application’s legitimacy. If a compulsory license is deemed necessary after hearings and inquires, the Registrar of Copyright can grant it, specifying format, duration, copy limits, and royalties. The court can extend the license and permit more copies, considering copyright owners’ rights.

3) STATUTORY LICENSE [SECTION 31C – 31D]

i.) FOR COVER VERSION [SECTION 31C]

A “cover version” refers to a new recording or performance of a previously existing song, typically done by a different artist or group than the original. And according to Section 31C, a “cover version” in this section must be created in accordance with the provisions outlined in this section.

Section 31C permits the making of a cover version in the form of a sound recording for a literary, dramatic, or musical work, and sound recordings of that work have been previously made with the permission of the copyright owner, but they have to do so under the conditions outlined in this section:

a. the medium of this new sound recording should match that of the most recent recording.

b. the person making the cover version must provide advance notice of their intent and follow the prescribed guidelines.

c. they have to make advance payments of royalties to the copyright owner of each work, as determined by the Commercial Court.

d. the packaging of sound recordings should clearly state that they are cover versions.

e. no alterations to the work are allowed unless they have been previously approved by the copyright owner or are technically necessary for creating the sound recordings.

f. sound recordings cannot be made until five calendar years have passed since the first recording of the work.

g. One royalty must be paid for a minimum fifty thousand copies of each work during each calendar year in which such copies are made.

h. Records and accounts about these sound recordings, including existing stock details, must be maintained as prescribed.

ii.) FOR BROADCASTING LITERARY AND MUSICAL WORKS AND SOUND RECORDINGS [SECTION 31D]

A literary and musical work and a sound recording that has already been published can be publicly broadcast or performed by any other broadcast organization if they desire, but subject to the conditions outlined in the section 31D:

a. The organization has to provide prior notice regarding its intent to broadcast the work, and it should include details such as the duration and territorial coverage of the broadcast.

b. Additionally, they have to pay royalties to the copyright owners of each work at rates that are determined by the Commercial Court.

c. The Commercial Court is responsible for establishing separate rates of royalties for the radio broadcasting and television broadcasting.

d. The Commercial Court has the authority to request that the broadcasting organization to make advance payments to the copyright owners.

e. Unless the broadcasting organization is delivering the work through performance, it must announce the names of the authors and principal performers during the broadcast.

f. There should be no substantial alterations to a work unless it is technically necessary for broadcasting.

g. The organization is required to maintain records and financial accounts and provide reports to copyright owners.

BENEFITS OF COPYRIGHT LICENSING

Flexible Use: Licensing allows the copyright owner to grant specific permissions while retaining ownership, offering flexibility in usage.
Revenue Generation: Owners can earn money by charging license fees or royalties for the use of their work.
Market Expansion: Licensing opens doors to new markets and audiences, expanding the reach of the work.
Preservation of Rights: Owners maintain control, specifying how their work is used and safeguarding their reputation.
Risk Mitigation: License agreements outline responsibilities and liabilities, reducing the potential for disputes.

In conclusion, copyright laws in India are the cornerstone of intellectual property protection. They grant creators and authors exclusive rights to their original works, ensuring that their creative efforts are rewarded and safeguarded. Understanding the intricacies of copyright terms, assignments, and licensing is crucial in today’s landscape, benefiting creators, businesses, and the public.

The Copyright Act meticulously outlines the terms of copyright protection for various categories of creative works, ensuring that the rights of authors and their legal heirs are upheld. Additionally, it sets clear guidelines for copyright assignment, enabling creators to transfer their rights while maintaining ownership of their work. Licensing, on the other hand, allows copyright holders to share their creations under specific conditions, benefiting both creators and those seeking to use copyrighted content.

Furthermore, the Act includes provisions for compulsory licenses in cases where copyright owners unreasonably withhold their works from the public. This ensures that creativity and access to knowledge are not hindered by overly restrictive copyright practices.

In a rapidly evolving digital age where the sharing of creative works is commonplace, copyright laws play a pivotal role in balancing the interests of creators, businesses, and the general public. These laws provide a legal framework that fosters innovation, creativity, and the responsible use of intellectual property.

The Copyright Act, 1957.
Meenu Paul, INTELLECTUAL PROPERTY LAWS 32, (Allahabad Law Agency, Law Publishers, Faridabad Haryana 2022).
Muskaan Mathur, Assignment and Licensing of Copyrights under Copyrights Act, LAW BHOOMI, https://lawbhoomi.com/assignment-and-licensing-of-copyrights-under-copyrights-act/#_ftnref3.
R Shakthivel, Copyright Assignment and Licensing , LEGAL BITES, https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing-949625.
Gramophone Company of India Ltd. V. Shanti Films Corporation, AIR 1997 Cal. 63.
Video Master v. Nishi Production, 23 IPLR 388 (1998).
Saregama India Ltd v. Suresh Jindal, 2007 (34) PTC 522 (Cal).
Entertainment Network (India) Ltd. V. Super Cassette Industries, JT 2008 (7) SC 11.
Super Cassettes Industries Ltd. V. Music Broadcast Pvt. Ltd., 2012 (5) SCC 488.

[1] Gramophone Company of India Ltd. V. Shanti Films Corporation, AIR 1997 Cal. 63.

[2] Video Master v. Nishi Production, 23 IPLR 388 (1998).

[3] Saregama India Ltd v. Suresh Jindal, 2007 (34) PTC 522 (Cal).

[4] Entertainment Network (India) Ltd. V. Super Cassette Industries, JT 2008 (7) SC 11.

[5] Super Cassettes Industries Ltd. V. Music Broadcast Pvt. Ltd., 2012 (5) SCC 488.

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Twinkle Madaan

Assignment And Licensing Of Copyrights

Coverage of this Article

Key takeaways.

-The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.

Introduction

-Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution.

Assignment of Copyrights (Section 18)

-The owner of a work's copyright has the ability to assign his copyright to anyone else.

Mode of Assignment (Section 19)

-According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative.

Disputes with Respect to Assignment of Copyright (Section 19a)

-According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

Assignment by Operation of Law (Section 20)

-If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate.

Licensing of Copyright

-The owner of a copyright may give a license to perform any of the acts over which he has sole authority.

Section 18 of the Copyrights Act defines a: Voluntary Licence

-The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.

Compulsory license

-Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish.

Statutory license

-Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior

-The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment.

The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.
If the assignment period is not specified, it will be assumed to be five years from the date of assignment.
In the event of a dispute over the assignment of copyright, the Appellate Board may issue a proper order after receiving a complaint from the aggrieved party and conducting any investigation it deems necessary, including an order for the recovery of any royalties due.
The owner of the copyright may also give a license to perform any of the acts over which he has sole authority.

Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution. The purpose of copyright has always been to safeguard a creator's interests while also disseminating knowledge. Though this protection began with the acknowledgment of authors' rights in their writings, contemporary technology has fundamentally altered the nature of work and the means by which it is exploited. An owner's economic rights allow him to profit financially from his intellectual contributions.

Different rights are recognized depending on the nature of the work, according to Section 14 of the Copyright Act of 1957. According to this provision, the owner has the exclusive authority to perform or authorize the performance of the activities listed.

The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. The mere grant of the right to publish and sell the copyrighted work, on the other hand, is a grant of publishing rights rather than a copyright assignment.
When an assignee of copyright becomes entitled to any of the copyright's rights, he is treated as the copyright's owner in respect of those rights. In the case of unassigned rights, the assignor is also considered the copyright owner. If the assignee dies before the task is completed, the legal representatives of the assignee are entitled to the assignment benefits.
In Video Master v. Nishi Production, the Bombay High Court reviewed whether a video rights assignment would include the right to broadcast through satellite as well. The Court agreed with the defendant's assertions that there were various channels of public communication, including terrestrial television transmission (Doordarshan), satellite broadcasting, and video television. In all of those modalities, the film's owner owned distinct copyright, which he might assign to multiple people.
As a result, the satellite broadcast copyright of a film was a separate right of the film's owner, and the plaintiff's video copyright did not include it.
According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative. The assignment of a copyright in a work should identify the work and specify the type of rights given, as well as the assignment's duration and territorial scope. It should also include the amount of royalty payable, if any, to the author or his legal heirs during the time of the assignment, as well as the fact that the assignment may be revised, extended, or terminated on mutually agreed-upon terms.
If the assignment period is not specified, it will be assumed to be five years from the date of assignment. If the territorial scope of the assignment is not specified, it will be interpreted to apply to the entire country of India.
Section 19(8) also states that copyright work assigned in violation of the terms and conditions under which rights have been assigned to a particular copyright organization where the author of the work is a member is void.
In addition, Sections 19(9) and 19(10) state that the assignment of copyright for the purpose of making a cinematograph film or sound recording does not affect the author's entitlement to an equal part of the royalties and consideration due for the use of his protected work.
It was held in Saregama India Ltd v. Suresh Jindal that the owner of the copyright in a future work may assign the copyright to any person for the whole or part of the copyright and that once the assignment is made, the assignee is treated as the owner of the copyright for the purposes of this Act.
According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate. Section 20 states that if a person is entitled to copyright under bequest and the work has not been published before the testator's death unless the testator's will or any codicil thereto expressly states otherwise, such person is considered to have copyright in the work to the extent that the testator was the owner of copyright immediately before his death.

The owner of a copyright may give a license to perform any of the acts over which he has sole authority. The following are the different types of licenses:

The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.
The owner of the copyright in a work may give any interest in his copyright to any person by license in writing, which must be signed by him or his duly authorized representative, according to Section 30 of the Copyright Act 1957.
A license can be issued not only for existing work but also for future work; in this case, the assignment will take effect when the future work is completed. If there is no stipulation to the contrary, a licensee of the copyright in a future work who dies before that work comes into existence will be entitled to the benefit of the license.
The license mode is similar to an assignment deed, with section 19 providing the appropriate changes and alterations (section 30A). As a result, just like an assignment, a licensing deed for a work should include the following information:
Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination
Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish. Compulsory licenses, when viewed in this light, are less of a violation of owner sovereignty on both grounds.
The owner does maintain some liberty in terms of entering into proper licensing agreements with those he sees fit, and he is also allowed to negotiate the terms of the license within reason.
A compulsory license is usually triggered by an unjustified refusal to deal with a person.
This takes us to the third key difference between a mandatory and statutory license. The former is always granted after an individual makes a specific request to the appropriate authority.
The latter, on the other hand, is the authority's broad setting of royalty rates and the issuance of standardized licenses to all those who wish to use them. As a necessary corollary, the owner has no control over the identities of persons who receive the license or the amount of royalties they pay.
Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior. Once the work fits into the broader class of works that can be licensed in this way, it tries a wholesale expropriation of owner autonomy.
Cover version recording licenses (Section 31C) and broadcasting licenses are the two types of statutory licenses (Section 31D).
The first has existed since the beginning, however as part of the fair dealing exceptions in Section 52. The second is a relatively new addition to the Act, as it was amended in 2012.

The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment. In general, unless otherwise stated, the assignee becomes the owner of the assigned work, but in the event of a license, the licensee merely receives the right to exercise specific rights.

An assignment might be broad, i.e. without restrictions, or specific, i.e. with restrictions. It could be for the entire copyright term or just a portion of it. As stipulated by Section 14 of the Act, an assignment transfers an interest in and deals with copyright, whereas a license does not convey the copyright but merely offers permission to do something that would be illegal otherwise. An assignment grants copyright ownership, but a license just allows the licensee to do specified things. The assignee who has been given the copyright title may reassign it.

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License assignment issues on auto-deploy hosts after upgrading from vSphere 7 to 8

Article id: 378239, updated on:, issue/introduction.

After upgrading an environment from vSphere 7 to 8 the hosts came up working well. Regrettably, the previously assigned productive licenses had been replaced with a trial license on auto-deployed ESXi-hosts. This despite of the fact that straight after the update the admin had assigned the prod license individually to each auto-deployed host via the VC GUI.

The issue can stay hidden/unnoticed for a while as in vCenter the licenses may show as correctly assigned, but on the ESXi hosts that may not have arrived. Latest after 60 days, when the trial expires, vMotions fails, VMs cannot be started, anymore. The system issues error messages regarding expired licenses (while the VC GUI reflects the "assigned" licenses as valid).

Environment

vCenter 8.0

The original assignment of the individual licenses to the auto-deployed hosts failed, silently.

While the vCenter show the assigned license, the auto-deployed hosts are still on their original trial license.

To verify correct license assignment directly on the host:

enable SSH on the ESXi hosts
login to a shell on the host (as root)
run: vim-cmd vimsvc/license --show
Near the top output a line starting with "License key" will show the assigned license.

The issue was solved by:

assigning a bulk default license to the DC as described in the setup documentation for auto-deploy on vCenter 8
it may be necessary to reboot the impacted hosts

After this, the assignment of individual licenses to auto-deployed hosts worked as well.

Additional Information

There is possible impact to productive systems.

Checking the license assignments (see issue-description) should be included to the update procedure, if your environment makes use of the auto-deploy feature.

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COMMENTS

Copyright Licenses and Assignments (BitLaw)
A license (or more properly "an express license") is an agreement where the copyright owner maintains its ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license will be preferred over an assignment of rights where the copyright holder wishes to ...
Assignment and Licensing of Copyrights under Copyrights Act
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...
The Difference Between Copyright Assignments and Licenses
A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder's rights. For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the ...
Assignment/Transfer of Copyright Ownership
Are copyrights transferable? Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another. See Circular 1, Copyright ...
Copyright Licensing Under the Law
Generally, the difference between the two is that licenses allow a copyright owner to retain the rights while giving someone else a right to exercise some of them, whereas an assignment results in a copyright owner losing control over the work. Moral rights in a work of fine art can be waived, but they cannot be licensed or assigned.
Copyright Assignment (Transfer Ownership of a Copyright)
A copyright assignment is the transfer of one's ownership of a copyrighted work to another person or entity. The prior owner (assignor) gives up all rights to the work to the new owner (assignee). ... or between a conflicting assignment and a nonexclusive license. This means that the first recorded assignment will be taken as valid as against ...
Assignment of Copyrights & Legal Implications
The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale ...
What Is a Copyright License?
A copyright license gives a person or entity ("licensee") the authorization to use a work from the copyright owner, usually in exchange for payment. ... of the rights that come with the copyright. Note that the assignment of rights is similar to a license but with an important distinction: ...
Assignment And Licensing Of Copyright
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee.
What Is Assignment and Licensing under Copyright Law?
With a license, the copyright owner retains their ownership of any right that is transferred. An assignment, on the other hand, transfers all exclusive rights and is comparable to a sale. The original copyright owner basically sells their rights to another person or entity who then essentially owns them. When an owner assigns their rights to ...
Assignment of Copyright
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 ...
Difference between License and Assignment of Copyright
The term license means the consent of the owner of the copyright to do any act which is exclusive to him as the owner. It is the authorization of an act, which without such authorization would result to an infringement. License may be non-exclusive or exclusive and may be limited in the territory, time and scope.
Copyright License Agreements: A Comprehensive Guide
The copyright license's terms are outlined in the "Representations and Warranties" clause, which offers it "as is." The Licensee is guaranteed by the Licensor that they are the rightful owners of the copyrights related to particular goods and services, and that these copyrights are enforceable.
Term of Copyright and Assignment- Licensing (Sec 18-31)
The copyright assignment must identify the rights assigned as well as the duration and territorial scope of the assignment. The copyright assignment can be changed, extended, or cancelled on mutually agreed-upon terms. The assignment must include a significant payment amount paid to the author or his legal heirs during the copyright assignment.
What is the concept of Assignment of Copyright?
Where the assignee fails to exercise his rights within one year from the date of assignment, the assignment in respect of such right shall be deemed to have lapsed, unless otherwise specified in the assignment deed.
Copyright transfer agreement
A copyright transfer agreement or copyright assignment agreement is an agreement that transfers the copyright for a work from the copyright owner to another party. This is one legal option for publishers and authors of books, magazines, movies, television shows, video games, and other commercial artistic works who want to include and use a work ...
What's the difference between Copyright and Licensing?
give permission to others to perform the acts above in respect of the copyright work. You've probably heard some of those terms in the context of copyright, or similar terms. They're some of the exclusive rights of the copyright owner: the rights which the copyright owner gets as a result of ownership of the copyright. Licenses
Recordation Overview
A transfer of copyright ownership is "an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license." 17 U.S.C. § 101. Learn More
Managing Rights
The consolidation of rights is accomplished through either an assignment of copyright, which transfers ownership of the work to another, or through a license, which grants permission to use a work in a certain way. Both assignments and licenses are part of creating works within a university setting. Creators may be asked to assign rights in ...
Term of Copyright, Assignment, and Licensing (Section 18-31) Under
Gramophone Company of India Ltd. V. Shanti Films Corporation, AIR 1997 Cal. 63. Video Master v. Nishi Production, 23 IPLR 388 (1998). Saregama India Ltd v.Suresh Jindal, 2007 (34) PTC 522 (Cal).. Entertainment Network (India) Ltd. V. Super Cassette Industries, JT 2008 (7) SC 11.
Copyright Assignments
For any third party to own or enforce a copyright, a properly executed copyright assignment must be made. The basics for copyright ownership and enforcement include: Document a copyright assignment to clearly define rights and ownership; Obtain a registration of the copyright to be able to litigate against infringement and record the copyright ...
Assignment And Licensing Of Copyrights
The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. If the assignment period is not specified, it will be assumed to be five years from the date of assignment. In the event of a dispute over the ...
License assignment issues on auto-deploy hosts after upgrading from
After this, the assignment of individual licenses to auto-deployed hosts worked as well. Additional Information. There is possible impact to productive systems. Checking the license assignments (see issue-description) should be included to the update procedure, if your environment makes use of the auto-deploy feature.

Copyright Licenses and Assignments

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Voluntary license: : Section 18 of Copyrights Act

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