Copyright Assignment in India
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Copyright Assignment in India
Copyright is an artwork, which is the result of the applicant's creative mind and hard work. What if we tell you that you can earn money by assigning your artwork to other people? Section 18 of the Copyright Act, 1957, legally recognizes Copyright Assignment. This means the Act considers Copyright as an intangible property, which is easily moveable and can be assigned by the holder to other persons for money. Understand the concept of Copyright Assignment thoroughly with this article and earn money through your artwork.
What is Copyright Assignment?
Copyright assignment is the transfer of legal ownership of the rights of copyright from one person to another. The person who transfers the rights is called the assignor, and the person to whom the rights are transferred is called the assignee. Once assigned, the assignee becomes the owner of the copyright. The assignment of copyright can also be done for future work, but it can only be exercised when the work comes into existence.
For example, the author of the book assigns the copyright to the publisher.
Essentials of Copyright Assignment in India
A copyright assignment to be legally enforceable should contain the following essentials:
Written Agreement
Clear Description of Rights
Duration
Description of Artwork
Consideration
Types of Copyright Assignment in India
Complete Assignment:
This is the most commonly used type of assignment. Complete Assignment means complete transfer of rights to the assignee. In a complete assignment, the assignee becomes the sole owner of the copyright and all the rights vest with the assignee unless otherwise stated in the agreement. The assignee has the rights of publication, reproduction, etc. For example, Mr. A transferred the copyright of his book ‘Black’ to Mr. B through a complete assignment agreement. Now, Mr. B can publish, distribute, or write more copies of the book, as he owns the copyright to the book.
Partial Assignment:
In a partial assignment, the assignor only transfers certain rights in the artwork. All the other rights vest with the assignee only. In this type of assignment, the assignor may vest only the right of publication, distribution, etc., while the other rights remain with him only. For example, Mr. A transferred the copyright of publication of his book ‘Black’ to Mr. B through a partial assignment agreement. Now, Mr. B can only publish copies of ‘Black’.
Territorial Assignment:
In a Territorial Assignment, the assignor may transfer the copyright for a certain geographical location. It means the assignee can use the copyright only in the permitted location as given in the agreement. For example, Mr. A transferred the copyright of his book ‘Black’ to Mr. B, which can be used only in India through a territorial assignment agreement. Now, Mr. B can publish or distribute the book only in India.
Documents Required for Registration of Copyright Assignment in India
The following documents are required to be filed with the Registrar of Copyright for registration of Copyright Assignment in India:
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Copyright Assignment Deed
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Original Copyright Registration Certificate.
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Power of Attorney, if the application is filed through an attorney or agent.
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Identity Proof of Parties.
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Such other documents as may be required.
Fee for Registration of Copyright Assignment in India
The fee for registration of Copyright Assignment with the Registrar of Copyright is as follows:
| Particulars | Fee |
| Form XIV (Application for Copyright Assignment) | Rs. 2000/- |
Assign your Copyright with Patron Accounting
Assign your Copyright today with the help of Patron Accounting and enjoy the benefit of earning royalties with your artwork. Patron Accounting will help you:
- In preparing and executing the Copyright Assignment Deed.
- Ensuring all the relevant terms are included in the Assignment Deed.
- Preparing and filing documents on time.
- Ensuring a fair deal for its clients.
Conclusion
Copyright Assignment in India is a helpful tool for creators of the artwork to assign their work and earn money from their creations. Copyright assignment should be done by executing a legal written agreement. It is not mandatory to register the assignment deed. However, it is always advisable to register it with the Copyright Authority.
There are various types of copyright assignments, such as territorial assignment, partial assignment, etc. Patron Accounting can help you in assigning your Copyright by preparing the agreement and completing all the formalities associated with the assignment.
Frequently Asked Questions
Have a look at the answers to the most asked questions.
