A film is the work of many hands — composer, lyricist, sound recordist, record label — whose rights are usually assigned or licensed to the producer for a royalty. But assignment raises tricky questions about future rights and moral rights. Here’s how it works in India.
Transfer of copyright
The first author is the owner of a work, unless they assign it. The owner of copyright in an existing work may assign it — wholly or partly, for the whole term or part of it — to any person.
Transfer of future copyright
Section 18(1) allows a prospective owner of a future work to assign copyright too. But the 2012 amendment made clear such an assignment won’t extend to modes of exploitation that didn’t exist when it was made. Modes keep changing — from video cassettes to MP3 players, iPods and beyond — so today’s assignment covers only today’s modes. This strengthened authors’ positions as new modes emerge.
Mode of assignment — Section 19
Section 19 sets the requirements:
- the assignment must be in writing and signed by the assignor, or it’s invalid;
- the rights assigned, duration and territorial extent must be clearly stated;
- the royalty or other consideration must be clearly specified;
- if the assignee doesn’t exercise the rights within one year, the assignment is deemed to have lapsed (unless the agreement says otherwise);
- if the term isn’t stated, it defaults to 5 years; and
- if the territory isn’t stated, it’s presumed to be within India.
The 2012 royalty reforms
The 2012 amendment added clauses to Section 19 requiring royalties to be paid to authors whose work is exploited in a cinematographic film other than by exhibition in a cinema hall. In other words, authors are entitled to subsequent royalties from further exploitation — satellite rights, home video, internet, etc. A parallel clause covers sound recordings. Both strengthen authors as the real owners of their contributions. Authors can also register with a copyright society and license through it.
Moral rights — never transferred
A creator has the right to claim authorship and to claim damages for any distortion, mutilation or modification of the work that harms their honour or reputation. Crucially, moral rights are independent of copyright and remain with the author even after assignment.
The lesson
Recent copyright-assignment disputes — between producers and directors, or scriptwriters and directors — teach one thing: when assigning rights, spell out precisely which rights you’re transferring, to avoid confusion. The 2012 amendment did much to strengthen the previously weak position of authors, so those who create by their own labour and skill can benefit from it — without being crushed by the giants.
The takeaways
- Assignment must be written and signed, specifying rights, term, territory and royalty (Section 19).
- Defaults fill gaps — 5-year term, India-wide territory, and a one-year lapse if rights go unused.
- Future-mode assignments are limited — the 2012 amendment stops assignments covering modes that didn’t yet exist.
- Moral rights stay with the author — always, even after a full assignment.
Frequently asked questions
What are the requirements for a valid copyright assignment in India? Under Section 19 it must be in writing and signed, and specify the rights assigned, the duration, the territory and the royalty/consideration.
What happens if the term or territory isn’t specified? The term defaults to 5 years and the territory to within India; and if the assignee doesn’t exercise the rights within one year, the assignment is deemed to have lapsed.
Can I assign copyright in a work I haven’t created yet? Yes, but the 2012 amendment means the assignment won’t extend to modes of exploitation that didn’t exist when it was made.
Do moral rights transfer with an assignment? No — moral rights are independent of copyright and remain with the author even after the copyright is assigned.
Useful official resources
- The Copyright Act, 1957
- Copyright Office, India