Overview of Copyright Assignment

Copyright is a vital component of Intellectual Property Rights (IPR) and grants the copyright holder exclusive rights to sell, publish, protect, and record creative works, such as sounds or artistic creations. With the global expansion of media and communication, the concept of copyright is widely recognized today. The primary goal of copyright is to provide legal protection to the creator or owner, enabling them to potentially earn financial benefits from their work. It also ensures the recognition of the original work and grants various exclusive rights to the copyright holder, depending on the nature of the work.

A copyright owner can also transfer these rights to others for mutual benefit through Copyright Assignment.

What is Copyright Assignment?

Copyright Assignment refers to the process by which the copyright owner transfers their rights to another person or entity. Once the copyright is assigned, the assignee gains all the rights associated with the assigned work. However, granting the right to sell or publish the copyrighted work does not constitute a full Copyright Assignment; this only grants publishing rights.

When the assignee acquires any rights related to the copyright, they are considered the copyright owner for those specific rights. Meanwhile, the original copyright holder (the assignor) retains ownership over any rights that are not assigned. If the assignee passes away before the work is fully realized, their legal representatives will still be entitled to the benefits of the Copyright Assignment.

Moral Rights of the Author

Moral rights are distinct from the author's copyright and remain with the creator even if the copyright is assigned to someone else. Here are some key moral rights of an author:

1. Right to Object to Alterations: The author has the right to claim damages if their work is tampered with, including modifications, mutilations, or distortions.

2. Right to Claim Authorship: The original creator or author has the right to assert ownership of their work, even if the copyright is transferred.

3. Right to Protect Reputation: If the assignee's actions cause harm to the original creator’s reputation or goodwill, the creator has the right to claim damages. This applies as long as the act is committed before the term of the assignment expires.

Disputes Regarding Copyright Assignment

As per Section 19(a) of the Copyright Act, the Appellate Board has the authority to revoke a copyright assignment if, upon receiving a complaint from the assignor and conducting an inquiry, it finds that the assignee has failed to exercise the rights assigned to them sufficiently, and this failure is not due to any action or omission by the assignor.

The Appellate Board can issue a specific order upon receiving a complaint from the aggrieved party, particularly in cases of disputes regarding copyright assignments. After conducting an inquiry, the board may order the recovery of royalties. However, the board will not revoke the assignment unless it is satisfied that the terms of the assignment were unfair to the assignor, particularly if the assignor is also the author. Additionally, the Board cannot revoke the assignment within five years from the assignment date.

Efforts have been made to clearly define the requirements for copyright assignments, protecting the interests of both the assignee and assignor, and addressing situations where the assignment terms may not be definitive, thus safeguarding the assignor’s interests. Amendments to the Copyright Act also provide remedies for the assignor through copyright.

Relinquishment of Copyrights by the Author

Under the Copyright Act of 1957, an author or creator can relinquish their copyright by notifying the Copyright Registrar through a prescribed form or public notice. However, this relinquishment does not affect the rights of others that existed before the notice date.

Once the notice is published in the official Gazette, the Copyright Registrar will post it on the Copyright Office website within 14 days, ensuring it remains in the public domain. The work will enter the public domain from the notice date, unless the rights of other individuals are affected, in which case the work will only become public once those rights cease.

Assignment by Operation of Law (Section 20)

According to Section 20 of the Copyright Act, if a copyright owner dies, their copyright will pass on to their legal representatives as part of their estate, provided no will has been made. If a person is entitled to the copyright through inheritance and the work has not been published before the testator’s death (unless stated otherwise in the testator's will), that person will be considered the copyright owner as long as the testator was the copyright owner immediately before their death.

Differences Between Copyright Assignment and Copyright Licensing

Copyright owners have two primary ways to transfer some or all of their rights: Copyright Assignment and Copyright Licensing. While both involve transferring rights, they differ in several key aspects:

1. Nature of the Transfer:

   • Copyright Assignment involves transferring full ownership of the copyright to another person or entity. The assignor gives up their rights, and the assignee becomes the new copyright owner.
   • Copyright Licensing grants permission to the licensee to use the copyrighted work in specified ways, but the original owner retains ownership. The licensee does not own the copyright; they only have the right to use it as specified in the license.

2. Rights Transferred:

   • In Assignment, all rights related to the copyrighted work are transferred to the assignee. The assignor no longer holds any rights to the work.
   • In Licensing, the licensee receives permission to use the work in specific ways (e.g., exclusive or non-exclusive rights) but does not acquire ownership. The licensor retains ownership and may still use the work as they wish.

3. Third-Party Rights:

   • Copyright Assignment transfers ownership to the assignee, who can exercise all rights associated with the copyright, including the right to take legal action against third parties.
   • Copyright Licensing does not give the licensee the right to take legal action against third parties or the licensor. If there are issues with the work or a third party infringes on the license, the licensor holds the right to enforce the copyright.

4. Modification Rights:

   • In Licensing, the licensee may have the right to modify or adapt the work, depending on the terms of the license. If they fail to pay royalties or violate terms, the licensor can revoke the license.
   • In Assignment, the rights are fully transferred, and the assignee can modify or adapt the work as they see fit. The assignment is permanent, and the assignor has no further control unless specified in the agreement.

5. Written Agreement:

   • Copyright Licensing can be oral or implied, though a written agreement is preferred to clarify terms. It depends on the specific rights being granted and the relationship between the parties.
   • Copyright Assignment requires a written agreement to transfer ownership, and it typically involves a more formal contract than licensing.

6. Control and Ownership:

   • Copyright Assignment involves the complete transfer of ownership. The assignee becomes the new copyright holder and controls the work.
   • Copyright Licensing allows the original owner to retain control and ownership of the work while granting the licensee permission to use it within certain boundaries.

7. Legal Considerations:

   • Copyright Assignment permanently transfers the copyright as per Section 14 of the Copyright Act.
   • Copyright Licensing does not transfer ownership; it only permits specific uses of the work that would otherwise be considered infringement.

In summary, if the original copyright owner wishes to maintain control over their work while still allowing others to use it, licensing is the preferred option. If the owner wishes to transfer full ownership of the work, then copyright assignment is the better route.