assignment of copyright

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

• Latest Posts

• What Is Misappropriation of Trade Secrets and Its Defences? - 15th May 2024
• 7 Important Types of Mediation Briefly Defined - 14th May 2024
• Whirlpool India vs Videocon Industries – Case Explained - 13th May 2024

How to Start Studying Law – For New, Existing, and Old Students

How to Study and Prepare for Judiciary Exams (13 tips)

11 Tips to Pass AIBE With Bare Acts and MCQ Tests in 2024

How to Write the Best Answer in Judiciary Mains Exam

10 Legal Jobs and Career Options After Law in 2024

Best Books for Judiciary Exam Preparation in 2024

My name is Ankur . I am a law graduate. I was my college topper for five years. In March 2018, I started WritingLaw.com . The main motive was to make a modern law website that is clean and comfortable. Currently, my wife and I run it.

Everything is going well . This is because of law students, advocates, judges and professors like you, who give me satisfaction, hope and the motivation to keep working. Thank you for your love and support. I hope you have a fruitful time here.

Law Study Material

© 2018-2024 | About Us |  Contact Us | Privacy Policy | T&C | Disclaimer | Cookies | Sitemap

Understanding an Assignment of Copyright Agreement

Did you know you can assign, or transfer, your copyright to someone? Find out what information to include in your agreement and how you can make sure your interests are protected.

Find out more about business management

Ronna L. DeLoe, Esq.

When you create intellectual property such as a book, poem, song, photograph, or painting, copyright laws give you the right to claim ownership of your creative work. Registering your copyright with the U.S. Copyright Office allows others to find out who owns the rights to your creation. As a copyright owner, you can also transfer, or assign, your copyright, as long as you follow the correct procedure.

Assignment of copyright

Copyright assignment permits a third party, known as the assignee, to take ownership of the copyright from the owner, or assignor. The assignment must be done in writing to be valid. Although notarization isn't required, it's a good idea to have someone witness the assignor and assignee signing and dating the agreement. Transfer of ownership usually involves monetary exchange, although that's not a requirement.

Registering a copyright with the U.S. Copyright Office isn't a requirement for valid ownership, even in cases of copyright assignment. However, registering provides a way for third parties to discern who owns the copyright. Because you don't have to file the transfer, a short-form assignment contract is sufficient for filing. This document usually contains only limited details of the work you're assigning, including the copyright number (if applicable), the signatures of both parties, the signature of a witness if desired, and the date of the assignment.

Copyright assignment contract

Just like in any other contract, a copyright assignment should contain certain information , such as the amount of consideration, or money, being exchanged. When assigning your copyright, the other party should provide some amount of consideration. Contracts usually include the language “for other good and valuable consideration," and courts have held that even one dollar is acceptable. As long as each party to the contract is getting something in return and the contract is not made under duress or pressure, the contract is valid.

Likewise, as the owner of the copyright, you have the right to assign all or part of it. If you assign your entire copyright to the other party, you are giving up all of your rights to your own copyright. In the case of a book, for example, assigning only part of your copyright could mean:

• Assigning it to one party for use as a movie and to another for use as a television show
• Assigning one party the original version and another party a translated version
• Assigning rights to different types of books, such as an audiobook, a traditional print book, and an e-book
• A partial assignment for a limited duration, if you specify such in your agreement

Protecting the creator of the intellectual property

Copyright laws protect you in case your work of intellectual property becomes famous or is worth money later on. While you can't get your copyright back for many years after your assignment unless the new owner consents otherwise, current copyright law allows you to terminate your copyright assignment after 35 years.

For example, songwriters who assigned their copyright to what are now legendary songs from the 1960s or 1970s can now recover the copyright to their songs, many of which have increased in value due to their use in commercials and television shows. The writer of "YMCA," a member of the Village People, successfully recovered his copyright by invoking his termination rights after the 35-year period.

Works for hire and copyright

If you're a freelancer who creates a work such as a poetry collection, you own the copyright of the poetry book and can assign the copyright, if you wish. If, however, you're employed by someone to write poems, either as an employee or as an independent contractor under their direction, your creation is sometimes called a work for hire .

Creation of intellectual property under a work-for-hire contract means that you don't own the copyright. Instead, whoever hired you owns it, and unless that person gives you permission to purchase or own the copyright, you cannot transfer it to anyone else.

The more control a client has over how and when you're creating the intellectual property, the more likely you're regarded as an employee rather than an independent contractor. An employer-employee relationship generally assures that the employer owns the copyright. If, on the other hand, you're an independent contractor and have more creative control over your project than an employee would have, then you're the copyright owner.

Because intellectual property is an extremely specialized area of the law, it's recommended that you use a copyright attorney or similar intellectual property specialist to assist in any assignments. You can start protecting your creative interests by registering your copyright .

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

You may also like

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.

• 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: 2025-01-01 10:06:00PM UTC (10:06PM) If above timestamp is not current time, this page is cached.

Copyright Ownership and Assignments – The Basics

Copyright Assignments – When You Need Them and When to Record Them

In modern business, an entity’s most important asset is often its intellectual property, which includes copyrights, patents, trademarks, trade dress, trade secrets, and other proprietary information and content belonging to the entity. However, before an entity can enforce or protect those assets, it must show it is the owner of the asset in question. In the case of copyrights, only “the legal or beneficial owner of an exclusive right under a copyright is entitled … to institute an action for any infringement of that particular right.” 17 U.S.C. § 501(b). See also Well Cell Glob. LLC v. Calvit, 2022 U.S. Dist. LEXIS 204742 at *6 (S.D. Tex. Nov. 10, 2022) (assignment was not complete until all payments were made pursuant to same and holder of assignment did not yet own the copyrights and, therefore, lacked ownership and standing to bring suit to enforce).

Do You Need a Copyright Assignment?

Under the law, copyright ownership “vests initially in the author or authors of the work,” that is, “the party who actually creates the work … [or] translates an idea into a fixed, tangible expression.” 17 U.S.C. § 201(a); Community for Creative Non-Violence v. Reid, 490 U.S. 730, 737, 109 S. Ct. 2166, 2171 (1989). A copyright assignment is an important medium for transferring legal ownership of a copyright from the initial holder, who may transfer all or a portion  of their rights in the original work to a third-party. These rights include all those inherent to copyright ownership, including the rights to reproduce the work in copies or phonorecords, prepare derivative works, distribute the work, and publicly display or perform the copyrighted work.

Copyright assignments are especially important when a work is created in the context of independent contractors who create (or participate in the creation) of an original work. Because ownership automatically vests in the author or creator of the work, entities must be thorough in securing a written assignment of copyright from independent contractors in the initial stages of creation so that the parties are clear as to who actually owns the copyrighted work and has standing to enforce (i.e., protect ) the copyrights in and to the work.

Copyright assignments also come into play when one entity (or individuals) purchases another entity. The express transfer of all intellectual property from the selling entity to the purchaser(s), including any and all copyrights owned by the seller, are important to ensure a transfer of ownership of the copyrights in connection with the sale.

And while not all copyright assignments are required to be in writing (though most are), it is recommended a written agreement be put place in all cases.

Does Your Agreement Need to Be In Writing?

As noted above, while it is always advisable that copyright assignments be in writing, there are some instances in which a written agreement is not required and an oral agreement could be enforced. However, anytime a copyright owner/holder transfers an exclusive right in that copyright, the assignment must be in writing. This would include situations where the author/owner of a copyright in a book assigns to a third party the right to distribute and sell that book or where a copyright license is issued, as between an author and publishing company.

The transfer of non-exclusive rights, however, may not be required to be in writing. For example, if an author grants a non-exclusive right to a movie company to develop his or her book into a movie, such an agreement may not be required to be in writing. Nevertheless, it is always advisable to secure any copyright assignment in writing to avoid further challenges to ownership.

What Are the “Next Steps” Once You Have Your Assignment?

As a matter of course, it can be helpful to file any copyright assignments with the U.S. Copyright Office through their online portal. While filing in the Copyright Office certainly is not mandatory, it is advisable and can offer certain legal benefits, including providing constructive notice of the change in ownership and conferring priority of ownership among conflicting assignments or claims of ownership. Such filing also establishes a public record of the contents of the assignment and registers a security interest in the copyright. In conjunction with filing the assignment with the Copyright Office, you will need to pay a filing fee for recording the assignment.

Possibility of Termination of Assignment – What to Know

One final issue to keep in mind is that a copyright assignment can be terminated by the author of an original work by following certain statutory requirements. These termination provisions are set forth in 17 U.S.C. §§ 203, 304(c), and 304(d), with the applicable provision depending on a number of factors, including when the assignment was made, who executed it, and when a copyright was originally secured for the work. Importantly, works assigned via a will or involving a work made for hire may not be terminated under these provisions. Of those assignments that can be terminated, termination may only occur during a specific statutory window of time and must specify the date that the termination goes into effect. The effective date must fall within a five-year “termination period,” which is based on factors set forth in 17 U.S.C. §§ 203, 304(c), or 304(d), as applicable. The notice must be served no less than two years and no more than ten years before the termination effective date and must be recorded with the Copyright Office before the effective date.

Key Takeaways on Copyright Assignments

Copyright ownership vests in the original author at creation. 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 as a best practice; and

Be aware of the potential for assignment termination by the author under specific circumstances.

For more information about copyright protection , see our Software & Copyrights and Industry Focused Legal Solutions pages.

Deciphering Copyright Assignments: A Comprehensive Guide

Have you ever wondered how one acquires the rights to use a famous song in a movie or how an author’s work ends up in different languages around the world? This intricate web of rights and permissions is woven through the process known as copyright assignments. It’s a legal avenue that transfers copyright ownership from the original holder to another party. These transactions are more than just a signature on a contract; they involve an understanding of the nature and scope of rights, the duration of the assignment, and the territories it covers. Let’s unravel this complex topic together.

Table of Contents

• What is a Copyright Assignment?
• Understanding the Scope and Duration
• Legal Formalities: The Written Agreement
• Recent Amendments and Limitations
• Limitations to Keep in Mind
• Strategic Considerations in Copyright Assignments
• Understanding the Long-Term Implications

What is a Copyright Assignment? 🔗

At its core, a copyright assignment is the act of transferring certain rights held by the copyright owner to another individual or entity. It could involve a variety of rights, such as the right to reproduce the work, distribute it, or even adapt it into a new form. But what’s fascinating is not just the transfer itself, but the intricate details that come into play. For instance, assignments can be partial, transferring some but not all rights, or whole, where the copyright owner relinquishes all their rights to the assignee.

Understanding the Scope and Duration 🔗

Scope: A crucial aspect of any assignment is identifying the specific rights being transferred. Are you giving someone the right to print your book, or also the right to turn it into an audiobook or film? Duration: This refers to how long the rights are assigned. Copyright laws typically protect works for the life of the author plus a certain number of years. An assignment could last for a few years, or it could extend for the entire duration of copyright protection. Territorial limitations: Copyright assignments can also be territorial. You might assign rights to someone to distribute your work in the United States, but retain the rights for the rest of the world.

Legal Formalities: The Written Agreement 🔗

A handshake won’t suffice when it comes to copyright assignments. Law dictates that these agreements must be in writing. The document must clearly spell out the work involved, the rights being transferred, the duration, and the territories affected. This clarity is not just a legal formality; it provides certainty and protection for both parties involved. Should disputes arise, a written agreement acts as a solid reference point.

Recent Amendments and Limitations 🔗

The digital age has brought about new modes of exploitation, and with it, amendments to copyright laws that introduce limitations on assignments. These amendments recognize the shifting landscape of content creation and distribution, putting in provisions that protect the original creators in certain instances. One notable example is the inalienable right to royalties for authors of works included in cinematograph films. This means that despite an assignment, authors may still be entitled to royalties under certain conditions.

Limitations to Keep in Mind 🔗

New Modes of Exploitation: With the emergence of streaming services and digital platforms, copyright laws have had to adapt. Assignments now have to consider these new avenues where a work can be exploited. Inalienable Right to Royalties: Authors now have certain rights that cannot be signed away, ensuring they continue to benefit from the use of their works. Reversion of Rights: In some jurisdictions, if a work is not exploited within a certain period, the rights may revert to the author.

Strategic Considerations in Copyright Assignments 🔗

When it comes to assigning copyright, strategy is key. Owners must think about the value of their rights both now and in the future. How will technological advances affect the exploitation of works? Is it better to assign rights for a short term and reassess later? These questions are critical in making informed decisions that protect one’s intellectual property and financial interests.

Understanding the Long-Term Implications 🔗

Future Value: It’s important to consider how the work’s value might increase over time. An assignment today could mean forgoing significant future earnings. Technological Changes: The rapid pace of technological advancement can open new possibilities for exploiting works, which should be considered in any assignment agreement. Flexibility: Retaining some flexibility in assignments, such as shorter terms or limited territories, can provide a safety net for copyright owners in a rapidly changing landscape.

Conclusion 🔗

Copyright assignments are a powerful tool in the world of intellectual property, but they come with a complex set of considerations. From the scope and duration of the rights transferred to the protections offered by recent legal amendments, it’s clear that these agreements are not to be taken lightly. With thoughtful planning and strategic foresight, copyright owners can navigate these waters to ensure that their creations are protected while still reaching new audiences and markets.

What do you think? How do you see the landscape of copyright assignments changing with new technologies? Do you believe the current legal protections are sufficient for authors and creators?

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Copyright and Related Rights

1 Scope of Copyright

• Works in which Copyright Subsists
• Originality in Copyright

2 Different Rights

• Statutory Provisions
• Two Kinds of Rights
• Author’s Special Rights
• Economic Rights
• Rights in Literary, Dramatic, and Musical Works

3 Ownership and Duration

• Term of Copyright

4 Exceptions and Limitations

• Exceptions and Limitations

5 Registration of Copyright

• Evolution of Formality Free Copyright Protection
• Copyright Registration in India
• Mandatoriness of Registration
• Evidentiary Value of Registration
• Copyright Office and the Registrar of Copyright

6 Assignments, Licences, Revocations

• Assignments
• Revocations

7 Copyright Societies

• Copyright Societies in India
• Procedure for Registration
• Functions of Copyright Society

8 Copyright Board

• Jurisdiction of the Board
• Composition of the Board
• Powers of the Board
• Procedures of the Board

9 Infringement of Copyright

• Infringements
• Permitted Uses

10 Civil Remedies

• Scope of Civil Remedies
• Innocent Infringement
• Anton Piller Order
• Damages and Accounts of Profit
• Author’s Special Rights and Civil Remedies
• Ownership of Infringing Copies

11 Criminal Proceedings

• Who Can Initiate Criminal Proceedings?
• Cognizance of Offence and Court of Jurisdiction

12 Border Measures

• Provisions in the Copyright Act regarding importation
• Border Measures as per Customs law

13 Rights of Sound Recording Producers

• Definition of Sound Recording
• Author and First Owner of Rights
• Rights of Producers
• Duration of Protection
• Administration of Rights
• Civil Remedies
• Offences and Penalties

14 Rights of Broadcasting Organisations

• Definition of Broadcast
• Rights of Broadcasting Organisations
• Administration of Broadcast Reproduction Rights
• Infringement and Remedies

15 Performers’ Rights

• Definition of Performer
• Rights of Performers
• Infringement of the Rights of Performer and Remedies

16 International Protection of Copyright

• International Conventions and Agreements
• Rights of Broadcasting Organisations Under the Copyright Act, 1957
• Limitations and Exceptions
• Remedies for Infringement

Share on Mastodon

Assignment/Transfer of Copyright Ownership

The process of assigning copyright ownership.

Copyright ownership can be assigned or transferred through various legal mechanisms designed to ensure clarity and enforceability. The assignment process typically involves a formal agreement between the original copyright holder (the assignor) and the new copyright holder (the assignee). This agreement must be documented in writing to meet the requirements set forth by the Copyright Act. While verbal agreements may exist, they usually lack the necessary legal standing to enforce rights, which makes written agreements crucial.

When drafting the assignment document, specific details must be included, such as the names of the parties involved, the description of the work being transferred, and the scope of the rights being assigned. Both exclusive and non-exclusive licenses can be part of this process. An exclusive license grants all rights to the licensee, prohibiting the original copyright owner from using or licensing the work further, whereas a non-exclusive license allows the original owner to retain some rights while permitting the licensee to use the work, often simultaneously with others.

The formalities surrounding the assignment process serve to protect the interests of both parties. For the assignor, carefully delineating the rights transferred helps in safeguarding against unanticipated loss of control over the work. Conversely, the assignee benefits by having a clear understanding of the rights entailed in the agreement, enhancing their ability to exploit the work commercially.

Moreover, additional provisions may be included in the agreement to address possible future modifications or reversion of rights. Ensuring these considerations are explicit helps prevent conflicts, ensuring that the assignment process is transparent and legally robust. Ultimately, understanding the intricacies of copyright assignment is essential for both original creators and subsequent owners to navigate the landscape of copyright ownership efficiently.

Legal Considerations and Rights Retained

When entering into a copyright assignment agreement, it is crucial to understand the legal implications that govern the transfer of ownership. Copyright law allows for the transfer of ownership rights, enabling creators to assign their rights to others. However, this transfer does not necessarily imply the relinquishment of all rights by the original creator. There are specific rights that can be retained even when ownership is assigned, and it is essential for both parties to recognize these distinctions.

One common misunderstanding regarding copyright assignments is the difference between ownership and licensing. While an assignment involves the complete transfer of copyright ownership, a license permits the original creator to retain ownership while granting certain usage rights to another party. This distinction is vital, as it affects how creators can control their work and receive compensation. Creators may wish to retain rights such as the ability to use the work for future projects or to grant additional licenses, which should be clearly delineated in the assignment agreement.

Moral rights also play a significant role in copyright considerations. These rights, which may include the right of attribution and the right to object to derogatory treatment of a work, are often retained by the creator even after the assignment of economic rights. Understanding and addressing these moral rights in any agreement is essential to ensuring that the original creator’s interests are protected.

Additionally, the potential consequences of copyright infringement during and after the assignment process must be carefully contemplated. If a party infringes upon the rights of the original creator or fails to comply with the terms of the agreement, it may lead to costly legal disputes and reputational damage. Therefore, having a well-drafted agreement that explicitly outlines rights, responsibilities, and retained interests is paramount for both parties involved.

Best Practices for Copyright Assignment

When engaging in copyright assignment, it is crucial for both copyright owners and assignees to adhere to best practices that facilitate a clear and enforceable transfer. One of the foremost recommendations is to draft a comprehensive copyright assignment agreement. This document should lay out explicitly the terms of the transfer, including what rights are being assigned, the duration of the assignment, and any compensation involved. By being as detailed as possible, both parties can avoid misunderstandings that could lead to disputes in the future.

Understanding the specific rights involved in the assignment process is equally important. Copyright covers a range of rights including reproduction, distribution, and public display of a work. Parties involved in the assignment should have a thorough grasp of which rights are being transferred and which are retained to ensure clarity in the agreement. This understanding minimizes the chances of infringement claims or conflicts over the use of the work at a later date.

Moreover, both parties should maintain open lines of communication throughout the process. Regular discussions can help ensure that any concerns are addressed promptly, thereby reducing potential conflicts. Once an agreement is in place, it is advisable to keep records pertaining to the assignment, including communications and any versions of the agreement. This documentation can serve as critical evidence in the event of a dispute.

Finally, consulting with legal experts who specialize in copyright law is essential for both parties. Professionals can provide valuable guidance on industry standards and help in drafting agreements that are compliant with relevant laws. Additionally, numerous organizations and resources exist that offer information on copyright ownership and transfer, assisting both copyright holders and assignees to navigate this complex landscape effectively.

Let’s Get Started

Now get protect your work with Ecopyright or contact our support team if you still have questions.

Ecopyright is a registration system that can help solve disputes over ownership or creation date.

Login or Create Membership

Login or Join to Access Our Creator Membership

© 2025 • Ecopyright• All rights reserved

• X (Twitter)

Assignment of Copyright

In the digital age, the value of intellectual property has skyrocketed, with global creative industries generating over $2.25 trillion annually. Copyright, which protects the rights of creators, has become more significant as businesses, artists, and content creators increasingly rely on monetizing their work in the global marketplace. As the demand for digital assets rises, understanding the concept of assignment of copyright is crucial for creators. 

Ownership in Copyrights can be transferred through assignment, the provisions governing which are covered in Sections 18, 19 and 19A of The Copyright Act 1957. Copyright can be transferred, either partially or fully, to a person or entity. This blog aims to explore the assignment of copyright in detail, covering the legal implications, methods of assignment, and few relevant case laws.

Understanding Copyright Ownership and Transfer

Understanding copyright ownership is crucial for creators and rights holders, as it empowers them to safeguard their intellectual property and leverage its commercial potential. Copyright ownership gives the creator or copyright holder the exclusive rights to use, exploit, adapt, translate, reproduce, distribute, and publicly display or perform the work. These rights can be financially valuable, allowing the holder of copyright to control how the work is used, including granting permission to others through licensing or transfer agreements.

Ownership in copyright can take many forms:

• The author of a work is typically the first owner of all copyrights in the work. 
• If multiple persons have created a unitary work in which the contribution of one person is not distinct from that of the others, such creators together become the joint owners of copyright in the work. 
• When an employee creates work as part of their job, the employer holds the copyright in such work unless the parties agree otherwise.  
• Different individuals may hold separate copyrights in a single work. For example A may hold printing rights in a book while B may own film and television rights over it.  
• A single item may contain multiple independent copyrighted elements, each with different owners, for example, a film may have distinct copyrights for elements like the screenplay, soundtrack, and visual content, each owned by different parties.

Legal Framework for Assignment of Copyright 

Section 18: assignment of copyright.

Section 18 1 provides for the assignment of copyright.  Section 18(1) allows for the owner of the copyright in an existing work or the prospective owner of the copyright in a future work to assign to any person the copyright in the work. Such assignment can be either wholly or partially and either generally or subject to limitations. Further the assignment can be either for the whole term of the copyright or any part thereof.

The agreement must specify the rights being transferred, the duration of the transfer, and the territorial extent.

Section 19: Mode of Assignment

Section 19 2 outlines the legal requirements for a valid copyright assignment, which are: 

In writing: Section 19(1) lays down that for an assignment of the copyright in any work to be valid it must be in writing and signed by the assignor or by his duly authorized agent. It emphasizes the need for a written document that clearly outlines the terms of the assignment, including the work and rights assigned, and details the duration, territorial extent, and consideration payable.  

Specify the work and terms: Section 19(2) mandates that the assignment of copyright in any work shall identify such work and shall specify the rights assigned and the duration and territorial extent of such assignment.

Royalty: Section 19(3) The assignment of copyright shall specify the details of royalty or consideration mutually agreed upon by the parties.

Lapse automatically: Section 19(4) states that the assignment will lapse if the assignee fails to exercise the rights assigned to him within one year from the date of assignment unless the assignment specifically states otherwise. 

Term: Section 19(5) – If the period of assignment is not specified, the assignment is deemed to be for a period of five years from the date of assignment;

Territorial Extent- Section 19(6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India. 

In addition to the above, Section 19(8) states that in cases where the author of the work is a member of copyright society, the assignment of copyright in any work contrary to the rights already assigned to such society shall be void. 

A copyright transfer agreement should mainly include the following:

• Identify the work/subject of the copyright
• The rights being transferred.
• The duration and geographical extent of the transfer.
• Any payment or royalties conditions.
• Obligations of both parties.
• A dispute resolution mechanism.

Potential Risks of Copyright Transfer

Transferring copyright can involve risks, especially if the transfer agreement is not well-drafted. For example, the original owner may lose control over their work, and disputes may arise over the interpretation of the agreement. It is highly recommended that both parties consult a lawyer before finalizing any transfer agreement.

Mrs. M. Padmini vs Raj Television Network Limited (2015) 3

This case dealt with the question of assignment of future rights. The brief facts were that the copyrights in the negatives (negative rights) of a Tamil feature film were assigned by the producer of the film to one Kumar Pictures in 1981, and subsequently, the Defendant got the assignment from the said Kumar Pictures by way of assignment deed dated 15.05.2000. In about July 2013, the Plaintiffs, who were the legal heirs of the producer/assignor (who had passed away in 2004), became aware that the Defendant is attempting to release the said film as a digital cinema. 

Aggrieved by this, the Plaintiffs filed the present suit contending that the technology of digital cinematography came into vogue only from 1990 onwards and that since such a technology was not even in existence when the assignment took place (in 1981), the Defendant cannot release the film as a digital cinema without specific assignment of the digital cinematography right from the author or from his legal heirs. 

The Plaintiffs here relied on the following provisions of the Copyrights Act 1957:

• Proviso 2 to  Section 18(1)  of the Copyright Act, 1957 which provided that no assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when the assignment was made, unless specified.
• Section 19(2) of the Copyright Act, 1957 which provided that the assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.

The Court after careful consideration of the facts and provisions held in favour of the Defendant by noting that Section 18  uses the term ‘owner’ and not ‘first owner’. If all the rights accruing due to advancement in scientific technology were to be conferred only on the producer of the film, then  Section 18  would have to read as ‘first owner’ and not just ‘owner’. 

The Court noted that since the entire copyright was assigned in favour of the assignee, if any right accrues in future due to advancement of science and technology, it will devolve only upon the owner and not on the first owner.

Section 20: Transmission of Copyright in Manuscript by Testamentary Disposition

Section 20 4 explains how copyright can be transmitted by operation of law.

Where a person is bequeathed with the manuscript of a work which was not published during the life-time of the testator, such person shall be considered as entitled to copyrights in the work to the same extent as the testator was the owner of the copyright immediately before his death, provided, no contrary intention is indicated in the testator’s will or any codicil thereto.

Differences Between Assignment, Licensing, and Transmission of Copyrights

The copyright owner sells their rights to a third party, who then becomes the owner of the copyright. The assignee can use the copyright as they wish, including licensing it to others or transferring it to a third party. 

Example: An author assigns the rights to a publishing company to publish and sell their book.

The copyright owner retains ownership of the copyright but allows a third party to use some or all of the rights. The copyright owner can still use the rights they licensed and may also license others to use them, depending on the terms agreed between the parties. A license can be exclusive, giving the licensee sole rights, or non-exclusive, allowing the licensor to grant similar rights to multiple parties. 

Example: A musician licenses their song for use in a commercial without transferring ownership of the song.

Transmission

Copyright ownership is automatically passed on to another party, usually due to specific circumstances like the death of the original copyright holder. This more passive process is often dictated by legal provisions or testamentary dispositions.

Example : Upon the death of a copyright owner, their rights are inherited by their legal heirs.

Deshmukh And Co. (Publishers) Pvt. Ltd. vs Avinash Vishnu Khandekar And Ors. (2005) 5

The case addressed the distinction between copyright assignment and licensing. The court ruled that a written explicit agreement is necessary to establish a copyright assignment. In the absence of such an agreement, a document is generally construed as a mere license to perform specific acts. 

In determining whether the agreement which formed the bed-rock of dispute between the parties in this case, was an agreement for assignment or licence of copyright, the Court relied, inter alia, on two propositions in respect of commercial contracts. 

Firstly, that there is no presumption in favour of permanence of an agreement. 

Secondly, if a contract involved mutual trust and confidence in its fulfilment, normally, Courts would not interpret its term to employ permanence. 

In this case mutual reciprocal obligations between the parties were explicit from the terms of the agreement. The fact that the parties had agreed to payment of royalty instead of a fixed sum of money paid at once, weighed heavily to rule that the transaction was not an assignment but only a nonexclusive licence in favour of the Plaintiff. The Bombay High Court emphasized the importance of clear written documentation to validate copyright transfers. 

Bibliography 

•   https://www.indiacode.nic.in/handle/123456789/1367?view_type=browse  
• https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_9_30_00006_195714_1517807321712&sectionId=14520&sectionno=18&orderno=18&orgactid=AC_CEN_9_30_00006_195714_1517807321712  
• https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_9_30_00006_195714_1517807321712&sectionId=14521&sectionno=19&orderno=19&orgactid=AC_CEN_9_30_00006_195714_1517807321712
• https://www.indiacode.nic.in/show-data?abv=CEN&statehandle=123456789/1362&actid=AC_CEN_9_30_00006_195714_1517807321712&sectionId=14523&sectionno=20&orderno=21&orgactid=AC_CEN_9_30_00006_195714_1517807321712
•   https://indiankanoon.org/doc/1095212/

Trademark Attorney

Patenting Strategies for Advancing Beauty Product Innovation

How Copyright Law is Adapting to the Rise of Digital Twins and Virtual Models

Related posts, trademark protection strategies for digital and physical hybrid products, youtube copyright strikes explained: how creators can protect their content, understanding the uspto’s new guidance on patent-eligible ai inventions, write a comment cancel reply.

Save my name, email, and website in this browser for the next time I comment.