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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. 

Trusted Process 100% Compliance
Requirements

Essentials of Copyright Assignment in India

A copyright assignment to be legally enforceable should contain the following essentials:

Written Agreement

The Copyright assignment is only valid when it is in writing. It should be through a duly executed agreement or contract and should be signed by both parties or their authorised agents or attorneys.

Clear Description of Rights

The Copyright should clearly state the rights transferred by the assignor to the assignee. If the rights are not mentioned in the agreement, it is treated as invalid.

Duration

As per the provisions of Section 19 of the Copyright Act, 1957, the agreement must clearly state the duration of the Copyright Agreement. If the agreement is silent about the duration of the assignment, the Act provides for 5 years as the default period of assignment.

Description of Artwork

The agreement should contain the clear details of the artwork for which the Copyright is assigned. It can also state the extent to which the artwork is assigned and can also state the purposes for which the artwork can be used by the assignee.

Consideration

The agreement should provide the amount of consideration provided by the assignee to the assignor for the said assignment. It can also state that the assignee will provide royalties to the assignor.

Our Process

Types of Copyright Assignment in India

Under the Copyright Act, 1957, there are various types of Copyright Assignments based on the purpose and duration of the assignment. The different types of Copyright Assignment in India are:

STEP 1

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.

Complete Assignment: 1
STEP 2

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’.

Partial Assignment: 2
STEP 3

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.

Territorial Assignment: 3

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:

Required Documents

  • Copyright Assignment Deed
  • Original Copyright Registration Certificate.
  • Power of Attorney, if the application is filed through an attorney or agent.
  • Identity Proof of Parties.
  • 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:

ParticularsFee
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.

FAQ Illustration

Copyright Assignment is the transfer of legal ownership and other rights by one person to another. There are various ways of assigning copyright in India.

Section 18 and 19 of the Copyright deal with the assignment of copyright and provide various conditions for the assignment of Copyright.

The period of assignment of Copyright should be mentioned in the agreement; in case of absence of a period in the agreement, the Act provides for the mandatory period of 5 years.
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