Section 18 of the Copyright Act, 1957 allows the owner of copyright in an existing work, or the prospective owner of a future work, to assign the copyright to another person.
Copyright is a bundle of rights rather than a single right, so an assignment can be:
- Whole or partial, covering all the rights or only some of them.
- Subject to conditions or limitations.
- For the full term of copyright, or any part of it.
Where the work does not yet exist at the time of assignment, the assignment takes effect only when the work comes into existence.
What the assignment agreement must contain
An assignment must be in writing, signed by the author or their authorised agent. Beyond that, the agreement must:
- Identify the work assigned.
- Specify the scope of the rights assigned, and the consideration.
- State the duration of the assignment.
- State the territorial extent of the assignment.
The default rules that catch people out
Indian law fills the gaps if you leave them, and the defaults are rarely what the parties intended.
If duration is not stated, the assignment is deemed to be for five years from the date of assignment. Not the full copyright term. Five years.
If territory is not stated, it is presumed to extend to India only. A worldwide deal that omits the territory clause is, as a matter of Indian law, an India-only deal.
The assignment must be exercised within one year from the date of assignment. If the assignee does not exercise the rights within that year, the rights assigned are deemed to have lapsed.
That third rule is the one that surprises people most. An assignee who acquires rights and then sits on them, waiting for the right moment, can find the rights have quietly reverted.
None of these defaults is difficult to avoid. They simply require the agreement to say what everyone assumed it said.
Recording the assignment
An assignment can happen before a copyright application is filed, or after the work is already registered.
Where the assignment precedes the application, and the person filing is the assignee rather than the author, the assignment is dealt with as part of the registration process.
Where the assignment follows registration, a request is filed on Form XV (registration of changes in particulars of copyright) with the following attachments:
- Notarised copy of the assignment deed.
- An affidavit confirming that no case is pending in any court in relation to the assignment.
- Power of Attorney in original, where the application is filed through an authorised agent.
- Attested copy of the death certificate, where the original copyright holder is deceased.
Moral rights are not assigned
Assignment transfers economic rights. It does not transfer the author’s moral rights, which include the right to claim authorship and to object to distortion or mutilation of the work that would prejudice the author’s honour or reputation.
These stay with the author regardless of who owns the copyright. An assignment agreement cannot simply extinguish them, and drafting that assumes otherwise creates risk for the assignee.
Author royalty rights
For literary and musical works incorporated into films and sound recordings, the 2012 amendments strengthened the position of lyricists and composers in relation to royalties.
Where your assignment touches film or music rights, this is an area where the drafting needs care and where the case law has been actively developing.
Frequently asked questions
Does an assignment have to be registered? The assignment is effective between the parties once executed in writing. Recording it with the Registrar of Copyrights on Form XV creates a public record, which is valuable in enforcement and in any subsequent transaction.
Can I assign copyright in a work I have not created yet? Yes. Section 18 allows assignment of future works, but the assignment takes effect only once the work comes into existence.
What is the difference between assignment and licensing? Assignment transfers ownership of the rights. Licensing grants permission to use them while ownership remains with the owner.
What happens if I do not state the duration? The assignment is deemed to run for five years. If you intend a longer term, say so expressly.
Can an assignment be partial? Yes. You can assign some rights and retain others, or limit the assignment by territory, medium or duration. Copyright is a bundle, and the bundle can be split.
Useful official resources
- Copyright Office, India — forms, fees and filing
- Copyright Act, 1957 — Sections 18 to 21
Assigning copyright as part of a transaction? Talk to us. The default rules on duration and territory have caught out more than a few carefully negotiated deals.