Copyright Assignment & Licensing
Copyright Assignment
Assignment of Copyright is dealt under sections 18, 19 and 19-A of the Copyrights Act, 1957. The purpose of assigning copyright is to enable another person to use the copyright which is obtained or is to be obtained by the author of a work. Assignment maybe done either wholly or partially of the work and in case of prospective copyright, the assignment can only be made after the work comes into existence. In cases where assignee gets entitled to any right in a part of the copyright and the assignor retains any other right in the copyright, then they shall be owners of the copyright to the extent of the rights that they hold.

Assignment is valid when it is made in writing and signed duly by the assignor or his agent. The term of the assignment shall be five years in case no term has been mentioned. If the assignee fails to exercise any right assigned to him within one year, then it is presumed that the assignments has lapsed unless specified otherwise. The assignment must identify the work, the term, and the rights assigned. The assignment shall state the royalties/rebates to be made to the author or the legal heir of the work and the assignment shall also be subject to the extension, revision or termination on mutually agreed upon terms.

The disputed regarding assignment shall be made to the appellate board. The appellate board shall act on the complaint made by the aggrieved party and it may pass such order as it may deem fit.

Copyright Licencing
Licence is granting of interest to any person by the owner of the copyright or any prospective owner which may be made in writing and signed by the author or his duly authorised agent. The section 19(assignment of copyright) shall be applicable with necessary and adaptations to licence under section 30 of the act.
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