Latest Article

Assignment of Copyright

Courtesy/By: Joanna Lisa Mathias | 2021-01-21 13:48     Views : 237

Copyright is the security provided to the authors of some types of works in appreciation of their intellectual contribution. Protecting the interest of an author, combined with the propagation of information, has always been the purpose of copyright. While this defence began with the acknowledgement of writers' rights in their books, the nature of work and its mode of exploitation have been dramatically modified by modern technology. Economic rights allow an owner of his intellectual creations to reap economic benefits. Different rights are acknowledged with regard to the existence of the work, according to section 14 of the Copyright Act, 1957. It is the exclusive right of the owner to do or permit the conduct of the actions given thereunder, as per this section. Not only by using it itself but also by sharing it with others for mutual gains, the owner of the copyrighted work may create income. This may be achieved by means of copyright assignment or licensing. The owner of the copyright of a work has the right, under section 18, to grant his copyright to any other person. The consequence of the assignment is that all the rights connected to the copyright of the assigned work are entitled to the assignee. The mere grant of the right to print and sell the copyrighted work, however, amounts to the right to publish and not the copyright assignment. Where the copyright holder becomes entitled to any right found in the copyright, the copyright holder shall be recognized as the copyright holder in respect of those rights. In respect of unassigned property, the assignor is therefore considered as the owner of the copyright. The legal representatives of the assignee shall, if the assignee dies before the job comes into being, be entitled to the benefits of the assignment. The assignment of copyright is valid pursuant to section 19 only if it is in writing and signed by the assignor or his properly appointed representative. The assignment of a work's copyright should define the work and determine the form of rights granted and the length and territorial scope of that assignment. Furthermore, the amount of royalty payable, if any, during the continuation of the assignment to the author or his legal heirs should be specified and the assignment will be subject to modification, extension or termination on terms mutually agreed by the parties. Section 19(8) also states that the assignment of a copyrighted work shall be null and void against the terms and conditions under which rights have been granted to a specific copyright society of which the work's author is a member. Furthermore, it is the view of Section 19(9) and Section 19(10) that the assignment of copyright for the creation of cinematographic films or sound recordings does not affect the author's right to claim a fair share of the royalties and allowances due in respect of the use of his protected work. In accordance with section 19(a), the Appellate Board can, upon receipt of a complaint from the assignor and conducting an inquiry as it may deem appropriate, remove such assignment if the assignor fails to exercise adequately the rights assigned to him and that failure is not due to any act or omission by the assignor. In the event of a dispute concerning the assignment of copyright, the Appellate Board may, upon receipt of the complaint by the aggrieved party and after carrying out the investigation it deems necessary, issue an appropriate order, including an order for the recovery of any royalty payable.


If the owner of copyright dies, the copyright will be passed on as part of the estate to his personal representative, provided that no will has been performed. Section 20 provides that if a person is entitled to copyright under bequest and that work has not been published before the testator's death unless the contrary intention is shown under testators or any codicil thereof, that person shall be deemed to have copyright in the work to the extent that the testator was the copyright owner immediately before his death. An assignment may be general, i.e. it may be subject to restrictions without restriction or an assignment. It could be for the entire copyright term or any component thereof. As specified in section 14 of the Act, an assignment passes an interest in and deals with copyright itself.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Joanna Lisa Mathias | 2021-01-21 13:48