Assignment of Copyrights in India

Section 18 of the Copyright Act discusses “assignment of copyright.” The owner of the copyright in an existing work or the prospective owner of future work has the right to assign to any person the copyright of that work. Since copyright per se is a bundle of rights, assignment of copyright could be:

1. Whole or partial,
2. Subject to certain conditions/limitations,
3. For the whole term of the copyright or any part thereof.

If the work is not yet in existence at the time of assignment (future work), the assignment shall take effect only when the work comes into existence.

Essentials of a Copyright Assignment agreement in India

An assignment agreement shall have the following essentials:

1. It shall be made in writing and identify the work assigned.
2. It shall specify the scope of rights assigned and consideration.
3. It shall mention the duration and territorial extent of such assignment.

It is sufficient if the assignment is made in writing bearing the signature of the author or their authorised agent. Furthermore, in case where the duration of the assignment is not mentioned, as per law, it is deemed to be five years from the date of the assignment and in the case where the territorial extent of such assignment is not mentioned, as per law, it is presumed to extend within India. The assignment shall be exercised within one year from the date of assignment failing which the rights so assigned shall be deemed to have lapsed.

Recordal of Assignment of Copyrights in India with Registrar of Copyrights

An assignment can be carried out prior to filing the copyright application or even registered copyright can be assigned. This is to be done only if the author/creator of the work is not filing the application and it is being done by a third-party who is now the owner of the work. The formalities in the event of the former have already been dealt with under “Application for Registration of Copyright.”

In case of the latter where the assignment is subsequent to registration, a request under Form XV (registration of changes in particulars of copyright) has to be filed with the following documents as attachments:

1. Notarized copy of the Assignment Deed.
2. An affidavit to the effect, attesting that there is no case pending in any court of law relating to the Assignment.
3. A Power of Attorney (POA), in original, if the application is filed through an authorized agent.
4. Attested Copy of the Death Certificate if the original copyright holder is deceased.