assignment licensing copyright

Assignment and Licensing of Copyrights under Copyrights Act

Intellectual Property Rights Blogs Subject-wise Law Notes
January 8, 2021

Introduction

IP is an intellectual work which is produced by intellectual human brain. For e.g. literary work, musical work, inventions, etc. it is an intangible property. It is described as property because it is capable of sale, purchase, mortgage, etc. the owner if IP has rights over his intangible property. No one can make use of IP without the consent of the owner. IP is made to protect their rights and the infringement.

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input [1] . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Economic rights allow an owner to reap economic benefits from his intellectual creations. According to section 14 of the Copyright Act, 1957, different rights are recognised with respect to the nature of the work. As per this section, it is the exclusive right of the owner to do or authorise the doing of the acts provided thereunder.

Today copyright includes a variety of industries like: the information industry and the entertainment industry and industrial design.

Assignment of Copyrights : Section 18 of Copyrights Act

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work. [2] However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence.

In Video Master v. Nishi Production [3] , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment: Section 18 of Copyrights Act

As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties.

If the period of assignment is not mentioned it will be deemed to be taken as five years from the date of assignment. If the territorial extent of such assignment is not stipulated, it will be taken as applicable in whole of India.

Also, Section 19(8) contemplates that the assignment of copyright work against the terms and conditions on which rights have been assigned to a particular copyright society where the author of the work is a member shall be void. Further, Section 19(9) and section 19(10) opine that the assignment of copyright for making cinematograph film or sound recording shall not affect the right of the author to claim an equal share of the royalties and consideration payable with respect to use of his protected work.

In Saregama India Ltd v. Suresh Jindal [4] , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license: : Section 18 of Copyrights Act

The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary.

The mode of license is like an assignment deed, with necessary adaptations and modifications in section 19 (section 30A). Therefore, like an assignment, a license deed in relation to a work should comprise of following particulars:

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive – The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Non-exclusive – It does not confer right of exclusion. It is mere grant of an authority to do a particular thing which otherwise would have constituted an infringement. When owner grants an exclusive right, he denudes himself of all rights and retains no claim on the economic rights so transferred.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory Licenses

Compulsory and statutory licenses can impact both the identity of the licensee who the owner chooses to deal with and the terms, including rates of royalty, that the owner may stipulate for such dealing. Viewed from this perspective, compulsory licenses are less of an infraction on owner autonomy, on both these counts. The owner does retain a fair bit of autonomy to enter into appropriate licensing arrangements with those who he may deem fit, and he is also permitted to negotiate on the terms of the license within the zone of reasonableness. Normally, it is an unreasonable refusal to deal with a person that gives rise to a compulsory license. This brings us to the third important distinction between a compulsory and statutory license. The former is always granted upon specific application by an individual to the competent authority. The latter, on the other hand, is a blanket fixation of rates of royalty by the authority and a grant of standardised licenses to all those who are interested in availing the same. The owner, as a necessary corollary, has no autonomy on the identity of those who obtain the license, or what they pay as royalty for the same.

Categories of Compulsory Licenses

There are five main categories of compulsory licenses currently operating in India.

These are:

1. Licenses in respect of works unreasonably withheld from the public;

2. Licenses in respect of orphan works;

3. Licenses in respect of works for the differently abled;

4. Licenses in respect of translations;

5. Licenses in respect of reproduction and sale of works unavailable in India.

Statutory Licenses

As seen from the above discussion of compulsory licenses, such licenses can be understood as a particularised expropriation of owner autonomy in respect of the copyrighted work. The need for such expropriation arises only upon acts or inaction on the part of the owner that render the work unavailable to the public or differently abled persons. Statutory licenses, on the other hand, do not require any examination into the conduct of the owner. It attempts a wholesale expropriation of owner autonomy, once the work fits within the broader class of works that can be so licensed.

There are two such categories of statutory licenses, namely cover version recording licenses (Section 31C) and broadcasting licenses (Section 31D).

The first has existed, though as part of the fair dealing exceptions in Section 52, from the very beginning. The second is a very recent addition to the Act vide the 2012 amendment.

The term ‘assignment’ and ‘license’ are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

An assignment may be general, i.e. without limitation or an assignment may be subject to limitations. It may be for the whole term of copyright or any part thereof. An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee. The assignee being invested with the title in the copyright may reassign [5] .

[1] This is known as the ‘Doctrine of Sweat of the Brow’, whereby a work is given copyright protection if the author has applied ‘labour, skill or judgment’ in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

[2] Section 18(2); Copyright Act, 1957.

[3] 23 IPLR 388 (1998).

[4] 2007 (34) PTC 522 (Cal).

[5] Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

Author Name: Muskaan Mathur [Student, Savitribai Phule, Pune University (SPPU)]

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Copyright Licenses and Assignments

One of the primary benefits of copyright ownership is the ability to transfer some or all of those rights to third parties. These transfers can be for all of the copyright rights in a work (which is generally referred to as an outright assignment), or can be for a limited portion of the rights provided by the Copyright Act (which usually takes the form a copyright license).

The BitLaw discussion of assignments and licenses is divided into the following four sections:

transfers in general
implied licenses
termination of transfers
recordation of transfers

Transfers in General

Copyright is a personal property right, and it is subject to various state laws and regulations that govern the ownership, inheritance, or transfer of personal property. It is probably best to view copyright as a bundle of rights. The rights included in that bundle are the rights granted by the U.S. Copyright Act, as described in the BitLaw discussion on the scope of copyright protection . Any or all of these rights, or any subdivision of those rights, may be transferred.

A transfer of one of these rights may be made on an exclusive or nonexclusive basis. The transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed. Transfer of a right on a nonexclusive basis does not require a written agreement. For example, the author of a novel, as the original copyright owner of the novel, could transfer to a publisher the exclusive right to copy and distribute a novel (under the right of reproduction and distribution ), and also grant a screen play writer the nonexclusive right to create a movie script based on that novel (under the right to create derivative works ). The author's agreement with the publisher would have to be in writing to be valid. However, the agreement with the screen play writer could be oral and still be enforceable.

A transfer of copyright rights is usually either an assignment or a license. An assignment of copyright rights is like the sale of personal property. The original owner sells its rights to a third party, and can no longer exercise control over how the third party uses those rights. A license (or more properly "an express license") is an agreement where the copyright owner maintains its ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license will be preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

A typical software license agreement is a copyright license agreement. The owner of the copyright in the software wishes to grant the end-user the right to utilize the software in a restricted manner. In return, the end-user may agree to limit its use of the software in a variety of ways and to pay a license fee payment to the copyright owner.

Implied Licenses

An implied copyright license is a license created by law in the absence of an actual agreement between the parties. Implied licenses arise when the conduct of the parties indicates that some license is to be extended between the copyright owner and the licensee, but the parties themselves did not bother to create a license. This differs from an express license in that the parties never actually agree on the specific terms of the license. The purpose of an implied license is to allow the licensee (the party who licenses the work from the copyright owner) some right to use the copyrighted work, but only to the extent that the copyright owner would have allowed had the parties negotiated an agreement. Generally, the custom and practice of the community are used to determine the scope of the implied license.

Implied licenses have been used to grant licenses in situations where a copyrighted work was created by one party at the request of another. In one case, a special effects company was hired to create a specific effect for a horror movie. The contract through which the special effects company was hired did not assign the copyright in the effect, and did not provide for a license for the effect to be used in the horror movie. The court ruled that the effect could be used in the horror movie through an implied license, since the effect was created with the intent that it be used and distributed in the movie.

A commonly discussed scenario where implied licenses are destined to play a major role is on the World Wide Web. When a Web page is viewed in a Web browser, the page is downloaded through the Internet and placed on the user's screen. It is clear that a copy of the Web page is being made by the user. It is also clear that the Web page is protected against unauthorized copying by copyright law. But it would not make sense to allow the author of a Web page to sue a user who viewed her page, since the author intended that the page be viewed by others when she placed it on the World Wide Web. Rather, attorneys argue, courts should find that the Web page author has given end users an implied license to download and view the Web page. The extent of this implied license is unclear, and may someday be defined by the courts.

Termination of Transfers

Although a copyright owner is free to transfer her copyright rights as she sees fit, the Copyright Act contains a non-revocable right for a copyright owner to terminate any copyright transfer. The purpose for this is to give the creator of the work or the creator's heirs a second chance to exploit the work in situations where the value of the work may have been significantly enhanced since the original transfer. Generally, there is a five year window of time to accomplish the termination beginning either at

35 years from the assignment if the transfer was made on or after January 1, 1978; or
56 years from the date copyright was originally secured if the transfer was made before January 1, 1978.

The ability to terminate a transfer cannot be negotiated away. Thus, the author of a valuable book has the right to reclaim the copyright in the book by terminating the transfer, even if the agreement signed by the author stated that the assignment of her copyright rights was permanent and irrevocable. Exceptions to this ability to terminate a transfer are made for those parties who created derivative works prior to the termination (see the BitLaw discussion on derivative works for more information on this subject). In addition, works made for hire are not subject to this termination of transfer right (works made for hire are discussed in the BitLaw section on copyright ownership ).

Recordation of Transfers

A document that transfers copyright ownership or any other document pertaining to a copyright may be recorded in the Copyright Office. Although recordation is not required to make a valid transfer of a copyright, recordation of the transfer document does provide certain legal advantages and may be required to validate the transfer as against third parties.

The Difference Between Copyright Assignments and Licenses

The Difference Between Copyright Assignments And Licenses

There are two ways that a copyright owner can transfer some or all of his or her copyright rights: through a license or an assignment.

In an assignment of copyright rights, the owner sells his or her ownership rights to another party and has no control over how the third party uses those rights. A copyright assignment is sometimes referred to as a sales agreement for copyright.

The buyer (assignee) can then use the copyrighted work or do whatever he or she wants with it. He or she all of the assigned rights that the original owner had.

A valid assignment of copyright must be in writing and signed by, or on behalf of, the copyright owner/assignor. The subject of the assignment must be clear as to what copyright is being assigned in which work(s).

In a license of copyright rights, the owner maintains his or her copyright ownership rights, but allows another party (the licensee) to exercise some of those rights without the licensee’s actions being considered copyright infringement. A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder’s rights.

For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the right to use the software in a specified, restricted manner. In return, the user/licensee may agree to limit his or her use of the software in various ways and to pay the copyright owner a license fee.

Unlike a copyright assignment, a copyright license does not have to be in a signed writing. A license can be oral or arise by implication when considering all of the facts and circumstances surrounding the transaction between the copyright owner and the purported licensee.

If you own a copyright in a work that you are thinking about assigning, you should consider whether to license your copyright instead, thus allowing you to retain ownership, and license only certain rights to the other party.

For additional information about the difference between copyright assignments and license, please contact us .

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616.226.8000

Recordation Overview

ELECTRONIC RECORDATION SYSTEM AVAILABLE TO THE PUBLIC

The Recordation System is now open to the public for recordation of certain transfers of copyright ownership and other documents pertaining to a copyright under section 205 of Title 17 of the United States Code .

For more details about how to submit your documents online, see the Recordation System webpage .

Under the Copyright Act, the U.S. Copyright Office accepts certain types of documents for filing and indexing into the Office’s public records. There are three primary types of documents that may be submitted for recordation: transfers of copyright ownership, other documents pertaining to a copyright, and notices of termination. Once indexed by the Office, recorded documents become available for inspection by the general public.

Currently Processing - Paper Submissions: March 2022 (basic filings); October 2023 for notices of termination.

For faster processing, please use our new online Recordation System .

Regardless of the processing time for your recordation(s), the effective date of recordation is the date the Copyright Office receives your complete submission in acceptable form.

Person handing a document to another person

Transfers of Copyright Ownership

A transfer of copyright ownership is “an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license.” 17 U.S.C. § 101 .

Person looking through stack of documents

Notices of Termination

A notice of termination is a notice that terminates a grant to a third party of a copyright in a work or any rights under a copyright. Only certain grants may be terminated, and only in certain circumstances.

More Information about Recordation

Compendium of U.S. Copyright Office Practices (Chapter 2300: Recordation)
Recordation of Transfers and Other Documents (Circular 12)
Calculating Fees for Recording Documents and Notices of Termination (Circular 12A)
Document Cover Sheet (Form DCS)
Notice of Termination Cover Sheet (Form TCS)
17 U.S.C. §§ 203 , 204 , 205 , 304(c) , 304(d)
37 C.F.R. §§ 201.4 , 201.10 .
Declarations of Ownership in Musical Works
Information about submitting other types of documents to the Copyright Office

Recordation Fee Calculator

(Excludes Notices of Termination)

*Note that electronic title lists may not be submitted with notices of termination.

Introductory information regarding recordation of transfers of copyright ownership and other documents pertaining to copyright. Note that some of the information in this Circular, in particular the requirements for recordation, have been superseded by the Copyright Office’s final rule on fees for recording documents with electronic title lists and interim rule on document recordation. For information regarding current practices, please visit the Office’s Recordation web page .

Faculty & Staff

Managing Rights

Consolidation of Rights | Assignment | Licensing | Enforcement

Copyright is a valuable intellectual property which requires managing that copyright asset over time. Managing copyright means:

Controlling how a work is used by others
Granting permissions and licenses
Responsibilities for the life of the copyright

The creation of new copyrighted works in the University raises complex copyright questions with respect to ownership of the new materials. It can be a daunting task to sort out authors from other contributors, establishing whether works are works made for hire or independent efforts, and considering whether a work is a joint work, a compilation, a derivative work, or it uses pre-existing content.

Without agreements to consolidate or transfer rights, copyright law will determine copyright ownership. Copyright owners, whether individual authors or University of Washington, may find they have insufficient rights to make it possible to share, publish, and disseminate the work as they desire.

Once rights are established, rights are transferred only by an agreement and are generally enforced through litigation.

Consolidation of Rights

When you are preparing a work with many copyright elements and many contributors, you need to consolidate the rights with the entity that is going to publish or disseminate the work. Consolidation of rights:

Clarifies ownership
Ensures publication
Identifies party responsible for work

Benefits of consolidation

Having your rights consolidated shows potential publishers or distributors that the project managers can manage risk and are prepared for the product’s future.

When there is clarity regarding the copyright rights for each project, it is easier to stop others from producing content which is too similar, easier to create relationships with those interested in the project, and easier to control the product’s quality.

Without identifying ownership of particular elements, it is difficult to ensure the project can be released.

How to consolidate rights

The consolidation of rights is accomplished through either an assignment of copyright, which transfers ownership of the work to another, or through a license, which grants permission to use a work in a certain way. Both assignments and licenses are part of creating works within a university setting.

Creators may be asked to assign rights in scholarly work to a publisher so that the work may be published. Alternately, creators may be asked to grant a license to the University to use work you own in a project.

Consolidation and UW copyright

You may be asked to transfer your copyright to the University if, as defined under UW Copyright Policy, you used University staff, resources or funding, or the University has obligations to provide such materials as required elements under a grant, contract, or other award.

Creators and consolidation

If it is determined that rights should be consolidated with the University, the creator of the work retains a say in how the work is used, credit for having prepared the work, and in most cases, a share of any royalties that may be generated if the work is commercialized.

When you are working on this type of project, you may be asked to sign a participation agreement that will clarify your rights and responsibilities on a particular project.

An assignment is a transfer of the ownership of the copyright.

Assignment of copyright transfers ownership to another person or entity. Assignment may also prevent you from using that work, even if you were the original author.

A way to visualize assignment of copyright is to analogize the process to that of selling your house. You may have built the home and lived in the home for a period of time and had all the rights to permit or exclude visitors to your home, but once the home is sold you know longer have the rights of ownership of that particular home.

The impact of assignment of a copyright work is that you no longer own it and therefore cannot freely use it. If you assign the rights in your work to a publisher, you give up any ownership interests you have in the work.

By assigning the copyright, if you want to include a significant part of the work in a course pack for one of your courses, or in a later publication, you will need to get permission from the publisher. This may mean you will possibly have to pay royalties to use what you authored. Since a copyright lasts for at least 70 years, even if your book goes out of print, you cannot reproduce it without permission.

Be cautious in assigning copyright to publishers and external entities. Make sure that you will be able to accomplish what you want in the future with the work you created.

Licensing is a business arrangement in which one party authorizes another party use of intellectual property and the terms that use might entail.

Licensing of intellectual property allows:

Publication

A license is a grant of permission to use a work in a manner that would otherwise infringe a copyright if the permission were not given. Licenses are used by copyright owners to allow others to copy, distribute, adapt, perform or display a copyright work.

How you license a work usually depends on what you are trying to achieve. Licenses can be very broad and grant a number of rights, or they can grant limited rights for limited times. For example, you could grant a publisher the right to use your work in a printed journal, but not grant the right to use the work online. You might grant someone the right to make and distribute copies of a work in a certain class, but not for its use in commercial ventures.

Matching license to goals

By carefully constructing licenses, the owner of a work can control how a work is used and achieve the maximum impact for the work. By thinking through what your goals are for the work, you can match the license rights to achieve your goals.

Some ideas for matching license rights and goals:

License by format, distribution, or market. It may be desirable to break up licenses by format and medium of deployment as well as by market sector. This serves the objective of broad dissemination of the results of research and fulfils both academic and public service objectives.
Retain update rights. It may also be desirable to retain control over updates and improvements of the work to ensure that the work maintains academic integrity and represents authors and the University appropriately.

UW CoMotion

UW CoMotion manages and pursues licensing arrangements if the University owns or has an interest in a copyrighted work. Licensing a work usually comes with some risk and entails University time and resources to negotiate with potential developers or users of the work, maintain the relationship, and manage the rights and financial arrangements. For more information about this process, contact UW CoMotion .

Public domain

Works that have been released to “Public Domain” are available free of charge and have no restrictions on who uses them or how they are used. Anyone can create proprietary products from works that are in Public Domain. In addition, works in Public Domain can be edited, revised, or sold without notice to the author(s).

Works that are no longer within the statutory protection of copyright are in Public Domain. For information on statutory time limits under the Copyright Act, see the section on Determining Copyright Status .

"Open Source" software code

Some software developers use an “Open Source” model for sharing their software with others. There are many varieties of Open Source licenses. Generally, an Open Source license requires free distribution of the software and distribution of the source code.

Open Source is not the same thing as Public Domain. Public Domain works are not copyrighted; Open Source works are copyrighted and the terms of their use are covered by a license.

Open Source licenses generally fall into two categories:

“Permissive” require that the software be distributed for free and come with a permission to redistribute and modify the code. There are distinctions between the Permissive licenses which are articulated here .
“Copyleft licenses” require that in addition to being distributed for free, any modifications to the software are also distributed for free. The most common “Copyleft license” is the GNU General Public License (or “GPL”). GNU’s homepage on Copyleft is located here .

Enforcement

Copyrights are enforced through:

Copyright registration
Controlling use

If you own the copyright in a work, you may sue anyone who violates any of your exclusive rights for damages. Unfortunately, lawsuits are expensive and unless you are making a lot of money from your work, you may find the cost of litigation in federal court may greatly exceed the amount of damages you could recover.

However in 2020, Congress passed the Copyright Alternative in Small Claims Enforcement Act (CASE Act) which directed the Copyright Office to establish the Copyright Claims Board (“CCB”). For copyright disputes under $30,000, the CCB may be a preferred approach in dispute resolution.

Registration and litigation

To preserve the right to sue infringers, you need to file a copyright registration on your work with the U.S. Copyright Office. Registration can be filed any time up to three months after an infringement has occurred. However, you can recover greater damages in a lawsuit if you have registered your work prior to infringement.

Since lawsuits are not always practical, you should consider other means of ensuring your work is used by others in accordance with your wishes. The best method for enforcing your rights is through controlling how others may access your work or establishing ground rules for use in a license.

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Copyright transfer, assignment and licensing in the United States

Use the Lexology Navigator tool to compare the answers in this article with those from 20+ other jurisdictions.

Transfer, assignment and licensing

Transfer and assignment

What rules, restrictions and procedures govern the transfer and assignment of copyright? Are any formalities required to secure the legal effect of the transfer or assignment?

Any or all of the copyright owner’s exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by either the owner of the rights conveyed or such owner’s duly authorised agent. However, the written transfer does not need to be made at the time of assignment, and a later written document confirming the agreement is sufficient to prove the assignment. Transfer of a right on a non-exclusive basis does not require a written agreement. A copyright may also be conveyed by operation of law. Additionally, it may be bequeathed by will or pass as personal property by the applicable laws of intestate succession. Copyright is a personal property right and is subject to the various state laws and regulations that govern the ownership, inheritance or transfer of personal property as well as terms of contracts or conduct of business. The recording of a transfer with the Copyright Office is not required to make the transfer valid between the parties; however, it provides certain legal advantages and may be required to validate the transfer as against third parties. To bring an infringement suit in court, a copyright owner needs proof of an unbroken chain of title going back to the author of the work.

What rules, restrictions and procedures govern copyright licensing?

Copyright rights can be licensed on an exclusive and non-exclusive basis. An exclusive licence generally occurs when a copyright owner transfers one or more, but not all, of its exclusive rights but retains others. The holder of an exclusive licence becomes the owner of the transferred right and as such is entitled to sue any party that infringes the right while the licensee owns it. A non-exclusive licence gives the licensee the right to exercise one or more of the copyright owner’s rights, but does not prevent the copyright owner from giving others permission to exercise the same right.

Are there any special provisions governing sub-licensing?

Exclusive licensees may sub-license only with the consent of the licensor.

What collective licensing bodies operate in your jurisdiction and how are their activities regulated?

Private organisations such as the American Society of Composers, Authors and Publishers, Broadcast Music, Inc and SESAC Inc grant and administer licences for the public performance of musical works on behalf of the copyright owners of such works.

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Organisations

US Copyright Office
Digital Millennium Copyright Act 1998 (UK)
US District Court for Central District of California
US District Court for the Southern District of New York
US District Court for Northern District of California

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Copyright basics

Copyright is a form of intellectual property that protects original works of authorship. In today’s global digital economy, artists, authors, and companies have unprecedented opportunities to disseminate their creative works and products to a worldwide audience. They also face daunting challenges from infringement and piracy. To take advantage of these opportunities and to respond to the challenges, creators and creative industries depend more than ever on their ability to protect and enforce their copyrights.

In order to understand the importance of copyright and how to protect it, it is important to examine the basics of copyright law: what it is, what it protects, and how to secure it. The primary purpose behind copyright law is to foster the creation and dissemination of works for the benefit of the public. By granting authors the exclusive right to authorize certain uses of their works, copyright provides economic incentives to create new works and to make them available in the marketplace.

This overarching goal is stated in the U.S. Constitution, Article I section 8, clause 8, “The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

This language gives Congress broad authority to advance knowledge (“Science” in 18th century parlance) by providing authors with certain exclusive rights over their works for limited times.

The framers of the Constitution were convinced that the dissemination of knowledge was of critical importance to the new nation and that establishing a national copyright system was an efficient means to advance that goal.

More than 200 years later, the purpose of U.S. copyright law remains fundamentally the same: to provide the economic incentives for creativity that ultimately promote the public welfare. The Supreme Court put it this way in its 1975 decision in Twentieth Century Music Corp. v. Aiken : “The immediate effect of our copyright law is to secure a fair return for an ‘author’s’ creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good” [ Twentieth Century Music Corp. v. Aiken , 422 U.S. 151, 156 (1975)].

Copyright protects markets for American creative works not only in the United States, but also internationally. The United States is a party to several international agreements establishing minimum standards of copyright protection that member countries must adopt. These agreements—which include the Berne Convention for the Protection of Literary and Artistic Works, the World Intellectual Property Organization (WIPO) Copyright Treaty , the WIPO Performances and Phonograms Treaty , and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)—help to ensure that American creators have adequate legal protections against infringement of their works in foreign countries.

A copyright is a federally granted property right that protects rights holders from certain unauthorized uses of their original works of authorship. The subject matter eligible for protection is set forth in the Copyright Act of 1976 . Copyrightable works include literary, dramatic, musical, and artistic works such as books, plays, music, lyrics, paintings, sculptures, video games, movies, sound recordings, and software.

To be eligible for protection under the Copyright Act, a work must be fixed in a “tangible medium of expression.” A literary work, for example, can be fixed in a book or on the back of an envelope. A musical work can be fixed in sheet music, on tape, or in a digital file. A work of visual art can be fixed on a canvas, and a sculptural work in stone.

Copyright protection does not extend to ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries. Copyright protects only the expression of an idea, not the idea itself. This principle, sometimes called the “idea-expression dichotomy,” ensures that protection will extend only to the original elements that the author has contributed to a work, not to the work’s underlying ideas, which remain freely available to the public.

Under the Copyright Act, a copyright owner has the exclusive right to reproduce, adapt, distribute, publicly perform, and publicly display the work (or to authorize others to do so). In the case of sound recordings, the copyright owner has the right to perform the work publicly by means of a digital audio transmission. These exclusive rights are freely transferable, and may be licensed, sold, donated to charity, or bequeathed to heirs.

Limitations and exceptions

The exclusive rights of copyright are limited in a number of important ways. It has long been recognized that properly crafted limitations on the exclusive rights of copyright owners help to fulfill copyright’s basic goal by allowing the use of copyrighted works for certain publicly beneficial purposes.

International copyright agreements to which the United States is a party set forth a number of specific exceptions and limitations that member states may recognize. Any additional exceptions or limitations must satisfy the so-called “three-step” test, which provides that a permitted use must (1) be limited to “certain special cases,” (2) “not conflict with a normal exploitation of the work,” and (3) “not unreasonably prejudice the legitimate interests of the author.”

U.S. copyright law contains numerous exceptions and limitations to the exclusive rights of copyright owners, including in the following areas:

Library and archival copying
Educational and nonprofit broadcasting for purposes of distance learning
Nonprofit live performances and displays
Reproductions for visually impaired persons
Making copies of computer programs for archival and/or maintenance purposes

In addition, section 107 of the Copyright Act codifies the doctrine of fair use, which permits certain other uses that are not covered by a specific statutory exception. While the doctrine is flexible and case-specific, section 107 sets forth an illustrative list of the types of uses that generally are considered appropriate for a finding of fair use. These include uses for purposes of criticism, comment, news reporting, teaching, scholarship and research. In determining whether a particular use is a fair use, section 107 specifies four factors that courts must consider: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.

While many people believe that you must register your work with the U.S. Copyright Office before you can claim a copyright, no registration or other action in the Copyright Office is required to secure a copyright. A copyright is secured automatically when the work is created, as long as the work contains a sufficient degree of originality, and a work comes into being when it is fixed in a “copy or a phonorecord for the first time.” This is consistent with the Berne Convention, which states that the “enjoyment and exercise” of copyright “shall not be subject to any formality.”

Although registration with the Copyright Office is not required to secure protection, it does provide a number of benefits:

Registration establishes a public record of the copyright claim.
Registration is necessary before an infringement suit may be filed in court (for works of U.S. origin).
If made before or within 5 years of publication, registration establishes prima facie evidence in court of the validity of the copyright and of the facts stated in the registration certificate.
If registration is made within 3 months after first publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Registration allows the owner of the copyright to record the registration with the U.S. Customs Service for protection against the importation of infringing copies.

To register a claim to copyright with the U.S. Copyright Office, the claimant must: (1) submit a properly completed application; (2) pay a nonrefundable fee; and (3) deposit the required number of copies of the works to be registered.

The international minimum standard for the protection of copyright, as set forth in the Berne Convention and the TRIPS Agreement , is the life of the author plus another 50 years. Berne Union members are free to exceed the minimum standard. The United States, the European Union, and a number of other countries have elected to do so.

Under current U.S. law, for works created by individual authors on or after January 1, 1978, copyright protection begins with the creation of the work and lasts for the life of the author plus 70 years.

For anonymous works or pseudonymous works (if the name of the author is not revealed), and for works made for hire, copyright lasts for 95 years from the date of first publication, or 120 years from the date of creation, whichever expires first. The copyright in joint works lasts for the life of the last surviving author plus 70 years.

There is no such thing as an “international copyright” that will automatically protect an author’s works in countries around the world. Instead, copyright protection is territorial in nature, which means that copyright protection depends on the national laws where protection is sought. However, most countries are members of the Berne Convention and the TRIPS Agreement, which provide important protections for foreign authors.

Under these agreements, a member country generally must afford the nationals of other member states no less favorable copyright protection than it provides its own nationals. This bedrock principle of international copyright law is called “national treatment.”

U.S. Copyright Office

The United States Copyright Office registers copyright claims, records information about copyright ownership, provides information to the public about copyright, and assists Congress and other parts of the government on a wide range of copyright issues.

View copyright registration tutorials
View a video on the copyright registration process and its benefits to creators
Browse the Copyright Office’s Circulars to learn more about copyright

STOPfakes.gov

STOPfakes.gov is a one-stop shop for U.S. government tools and resources on intellectual property rights, including copyright. The federal agencies behind STOPfakes.gov have developed a number of resources to educate and assist businesses—particularly small and medium-sized enterprises, as well as consumers, government officials, and the general public—on how to protect and enforce their intellectual property rights. Visit STOPfakes.gov to learn more.

Additional information about this page

Assignment And Licensing Of Copyright

Contributor.

Introduction

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input 1 . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

The owner of copyright work can generate wealth not only by exploiting it himself but also by sharing it with others for mutual benefits. This can be done by way of assignment or licensing of copyright.

Assignment of Copyright (Section 18)

The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work 2 . However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

In Video Master v. Nishi Production 3 , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment (Section 19)

In Saregama India Ltd v. Suresh Jindal 4 , it was held that the owner of the copyright in a future work may assign the copyright to any person either wholly or partially for the whole of the copyright or any part thereof and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Disputes with Respect to Assignment of Copyright (Section 19a)

As per section 19(a) the Appellate Board may on the receipt of a complaint from the assignor and on holding such inquiry as it may deem necessary, revoke such assignment, if the assignee fails to make sufficient exercise of the rights assigned to him , and such failure is not attributable to any act or omission of the assignor.

In case of a dispute with respect to the assignment of copyright, the Appellate Board may pass a suitable order on receiving a complaint from the aggrieved party and after holding such inquiry as it considers necessary including an order for the recovery of any royalty payable.

Assignment by Operation of Law (Section 20)

When the owner of a copyright dies the copyright will pass on to his personal representative as part of the estate, provided that no will has been executed. Section 20 provides that if a person is entitled for copyright under bequest and such work has not been published before the death of the testator, unless contrary intention is shown under testators will or any codicil thereto, such person shall be considered as having copyright in the work so far as testator was the owner of copyright immediately before his death.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license (Section 30)

Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination

Voluntary licenses can be:

Exclusive - The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory License

Being a member of Berne Convention, India has incorporated the provision of compulsory license in the Copyright Act, 1957. The Act provides for grant of compulsory license for Indian work in the public interest, in certain circumstances:

Works Withheld from Public

The Indian Copyright Act provides for the grant of compulsory licences in work which has been published or performed in public. It empowers the Appellate Board to direct the Registrar to grant license, if a complaint is made to it in writing under the Act, during the subsistence of copyright stating the necessary facts which are conditions precedent to its exercise of power, provided the owner has been approached in the first instance for the grant of license and it is only if he has refused to publish or allow the republication of the work and by the reason of such refusal the work is withheld from the public. In case where two or more persons have made a complaint, the licence shall be granted to the complainant who in the opinion of the Copyright Board would serve the interest of the general public. In Super Cassette Industries Ltd v. Entertainment Network (India) Ltd, Mumbai 5 the respondents who were running a radio FM channel under the brand name Radio Mirchi, made several attempts to obtain a license from Super Cassette Industries ltd (SCIL) to play its sound recordings but failed to get it. The Copyright Board ultimately issued them a compulsory license against which an appeal has been filed in the Delhi High Court. After contemplating over section 31, Court observed that in case compulsory license had to be granted to all, then there was no need of any enquiry as envisaged by section 31. The court also opined that once the copyright was in public, refusal has to be made on reasonable and valid ground. While making an order under section 31, the Board had to maintain a delicate balance between the private rights and the copyright vis-a vis- public interest. The case was sent back to the Copyright Board for fresh consideration.

Compulsory License in Unpublished or Published Work (Section 31-A)

According to this section, where the author is dead or unknown or cannot be traced , or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or translation thereof in any language.

Before making such an application, the applicant should publish his proposal in one issue of a daily newspaper in that language. The application to the copyright board should be in the prescribed form and accompanied by the prescribed fee and with the copy of advertisement issued.

The Copyright Board after making the certain prescribed enquires direct the Registrar of Copyright to grant license to the applicant to publish the work or its translation subject to the payment of royalty and other conditions.

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Any person working for the benefit of persons with disability on a profit basis or for business may apply in prescribed manner to the Appellate Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons. However, where a compulsory licence has been issued, the Appellate Board may on a further application and after giving reasonable opportunity to the owners of the rights, extend the period of compulsory licence and allow the issue of more copies as it deems fit. 6

Statutory License for Cover Versions (Section 31-C)

Cover means a sound recording made in accordance with section 31C. Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so.

The person making the cover version is required to give prior notice to the owner of the copyright in such works and to the Registrar of Copyright at least 15 days in advance of making the cover version. Advance copies of all covers with which the sound recording is to be sold to be provided or royalties to be paid in advance. One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush Aggarwal 7 , stated that sound recording included a subsequent original sound recording made from the musical and literary work and which was called a version recording i.e. a sound recording made after a first sound recording was made by use of the musical work and literary work.

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

Any broadcasting organization, desirous of communicating published work to the public by way of broadcast (by way of television broadcast or radio) or a performance of any published musical/ lyrical work and sound recording, can do so by giving prior notice of this intention to the owners. The notice must specify the duration and territorial coverage of the broadcast. Corresponding royalties are required to be paid to the owner of copyrighted work. Rates of television broadcasting are different from the rate fixed with respect to radio broadcasting. At the time of fixing the rate of royalty the Copyright Board may ask the broadcasting organisation to deposit some amount of money in advance to the owner.

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

Section 32 of the Copyright Act provides that after expiry of a period of seven years from the first publication of a literary or dramatic work, any person may apply to the Copyright Board for a license to produce and publish a translation of work. Where the work is not Indian work, any person may apply to the Board for a license to produce and publish a translation in printed or analogous form of reproduction of a literary or dramatic work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purpose of teaching, scholarship or research. But where translation is in a language not in general use in any developed country, such application may be made after the period of one year from such publication.

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

According to this section, any person may apply to the Copyright Board for a license to reproduce and publish any literary, scientific or artistic work after the expiration of the relevant period from the date of first publication of an edition of such work, if the copies of such edition are not made available in India , or such copies have not been put on sale in India for a period of six months to the general public or in connection with systematically instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf.

The period prescribed are:

Seven years for work related to fiction, poetry, drama, music or art
Three years for works related to natural science, physical science mathematics or technology
Five years for any other work

The term 'assignment' and 'license' are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

1 This is known as the 'Doctrine of Sweat of the Brow', whereby a work is given copyright protection if the author has applied 'labour, skill or judgment' in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

2 Section 18(2)

3 23 IPLR 388 (1998)

4 2007 (34) PTC 522 (Cal )

5 (2004) 29 PTC 8 (DEL)

6 Indian Copyright Act, 1957, Sec- 32 (B)

7 2014 (58) PTC 169 (Del)

8 Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Intellectual Property

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This copyright assignment is between , an individual a(n) (the " Assignor ") and , an individual a(n) (the " Assignee ").

The Assignor has created and (a) has registered or (b) has applied for registration with the Copyright Office of those works listed in Exhibit A (collectively, the " Work ").

The Assignor wishes to transfer to the Assignee all of its interest in the Work, and the Assignee wishes to acquire all of the Assignor's interest in the Work.

The parties therefore agree as follows:

1. ASSIGNMENT OF AUTHORED WORKS.

The Assignor assigns to the Assignee, and the Assignee accepts the assignment of, all of the Assignor's interest in the following:

(a) the Work listed in Exhibit A ;
(b) all of the exclusive rights granted to the owner of a copyright under United States federal law, including all rights to reproduce, publish, adapt, modify, distribute, create derivative works based on the Work, display, publicize, and transmit (digitally or otherwise) the Work;
(c) the registrations and applications for registrations of each Work, and any renewals or extensions of those;
(d) all goodwill and moral rights in and to the Work;
(e) all income, royalties, and damages due to the Assignor with respect to the Work, including damages and payments for past or future infringements and misappropriations of the Work; and
(f) all rights to sue for past, present, and future infringements or misappropriations of the Work.

2. CONSIDERATION.

The Assignee shall pay the Assignor a flat fee of as full payment for all rights granted under this agreement. The Assignee shall complete this payment no later than .

3. RECORDATION.

In order to record this assignment with the United States Copyright Office, within hours of the effective date of this assignment, the parties shall sign the form of copyright assignment agreement attached as Exhibit B . The Assignor Assignee is solely responsible for filing the assignment and paying any associated fees of the transfer.

4. NO EARLY ASSIGNMENT.

The Assignee shall not assign or otherwise encumber its interest in the Work or any associated copyright registrations until it has paid to the Assignor the full consideration provided for in this assignment. Any assignment or encumbrance contrary to this provision shall be void.

5. DOCUMENTATION.

The Assignor shall provide the Assignee with a complete copy of all documentation (in any format) relating to the Work for the Assignee's own use, to meet record-keeping requirements of the Assignee, or to allow the Assignee to assert its rights granted pursuant to this assignment. The Assignor shall also, on request:

(a) sign any additional papers, including any separate assignments of the Work, reasonably necessary to record the assignment in the United States;
(b) do all other lawful acts reasonable and necessary to record the assignment in the United States; and
(c) sign all papers reasonable and necessary for Assignee to obtain a copyright on any of the Work.

6. NO FURTHER USE OF WORK. NONEXCLUSIVE LICENSE TO ASSIGNOR.

After the effective date, the Assignor may make no further use of the Work or any derivatives of the Work, except as authorized by the prior written consent of the Assignee, and the Assignor may not challenge the Assignee's use or ownership, or the validity, of the Work. However, the Assignor shall retain its rights to be identified as the author whenever the Work is reproduced, published, distributed, or otherwise publicly displayed. After the effective date, the Assignee grants back to the Assignor a nonexclusive, royalty-free license to use the Work as the Assignor sees fit, including for the creation of derivative works of those Work. This license does not limit the Assignee's rights and public rights under this assignment.

7. ASSIGNOR'S REPRESENTATIONS.

The Assignor hereby represents to the Assignee that:

(a) the Assignor is the sole owner of all interest in the Work;
(b) the Work is original, are not in the public domain, are not plagiarized, and do not contain anything that is libelous or obscene;
(c) the Assignor has not transferred, licensed, pledged, or otherwise encumbered any Work or agreed to do so;
(d) the Assignor is not aware of any violation, infringement, or misappropriation of any third party's rights or any claims of rights (including existing intellectual property rights, rights of privacy, or any other rights) by the Work;
(e) the Assignor is not aware of any third-party consents, assignments, or licenses that are necessary to perform under this assignment; and
(f) the Assignor was not acting within the scope of employment of any third party when conceiving, creating, or otherwise performing any activity with respect to the Work.

8. GOVERNING LAW.

(a) Choice of Law. The laws of the state of govern this agreement (without giving effect to its conflicts of law principles).
(b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

9. AMENDMENTS.

No amendment to this assignment will be effective unless it is in writing and signed by a party.

10. ASSIGNMENT AND DELEGATION.

(a) No Assignment. Neither party may assign any of its rights under this assignment, except with the prior written consent of the other party. All voluntary assignments of rights are limited by this subsection.
(b) No Delegation. Neither party may delegate any performance under this assignment, except with the prior written consent of the other party.
(c) Enforceability of an Assignment or Delegation. If a purported assignment or purported delegation is made in violation of this section, it is void.

11. COUNTERPARTS; ELECTRONIC SIGNATURES.

(a) Counterparts. The parties may execute this assignment in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
(b) Electronic Signatures. This assignment, agreements ancillary to this assignment, and related documents entered into in connection with this assignment are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

12. SEVERABILITY.

If any one or more of the provisions contained in this assignment is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this assignment, but this assignment will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this assignment to be unreasonable.

13. NOTICES.

(a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this assignment shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this assignment: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
(b) Addresses. A party shall address notices under this section to a party at the following addresses:
If to the Assignor:




	,

If to the Assignee:
(c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

14. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this assignment will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

15. ENTIRE AGREEMENT.

This assignment constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this assignment. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this assignment are expressly merged into and superseded by this assignment. The provisions of this assignment may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this assignment by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this assignment. Except as set forth expressly in this assignment, there are no conditions precedent to this assignment's effectiveness.

16. HEADINGS.

The descriptive headings of the sections and subsections of this assignment are for convenience only, and do not affect this assignment's construction or interpretation.

17. EFFECTIVENESS.

This assignment will become effective when all parties have signed it. The date this assignment is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this assignment.

18. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this assignment contemplates or to evidence or carry out the intent and purposes of this assignment.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature.




Date: _________________	By:__________________________________________
	Name:



Date: _________________	By:__________________________________________
	Name:

[PAGE BREAK HERE] EXHIBIT A LIST OF WORKS TRANSFERRED

add border

[PAGE BREAK HERE]

EXHIBIT B FORM OF COPYRIGHT ASSIGNMENT

For good and valuable consideration, the receipt of which is hereby acknowledged, an individual a(n) (the " Assignor ") hereby assigns to an individual a(n) (the " Assignee ") all of the Assignor's interest in the Assigned Copyrights identified in Attachment A to this assignment, and the Assignee accepts this assignment.

Each party is signing this agreement on the date stated opposite that party's signature.




Date: _________________	By:__________________________________________
	Name:


NOTARIZATION:




Date: _________________	By:__________________________________________
	Name:


NOTARIZATION:

ATTACHMENT A (TO EXHIBIT B) ASSIGNED COPYRIGHTS

Free Copyright Assignment Template

How-to guides, articles, and any other content appearing on this page are for informational purposes only, do not constitute legal advice, and are no substitute for the advice of an attorney.

Copyright assignment: How-to guide

Have you ever wondered what happens to your creative work once it's out in the world? How can you ensure that your intellectual property remains protected? These questions often lead us to explore the world of copyright assignment.

Copyright assignments empower creators to control the destiny of their creations. In this how-to guide, we'll explain the details of copyright assignments.

Join us as we deep dive into copyright ownership and discover how you can effectively transfer your rights to others while safeguarding your creative legacy.

What is a copyright assignment?

Copyright assignment refers to the transfer of copyright ownership rights from one party to another. Copyright owners have exclusive rights to their creative works, including the right to perform, display, distribute, reproduce, and create derivative works based on the original. These rights are protected for a specified duration , typically throughout the life of a creation:

1. Copyright protection for works created by individual writers on or after January 1, 1978, begins at the time of creation and lasts for the author's life plus 70 years.

2. Copyright for anonymous or pseudonymous works (if the author's name is not revealed) and works done for hire are valid for 95 years from the date of first publication or 120 years from the date of creation, whichever expires first.

3. The copyright in joint works is valid for the life of the last living author plus 70 years.

Copyright assignment involves the assignor (the original copyright holder) transferring their rights to the assignee (the new copyright owner) through a written agreement. Key terms to understand include the assignor, assignee, consideration (something of value exchanged for the transfer), and the transfer of rights.

What are the types of copyright transfer?

Exclusive : In an exclusive assignment, the assignee gains exclusive rights to use the copyrighted work.
Non-exclusive : In a non-exclusive assignment, the assignor retains the right to license the work to others.
Partial : Partial assignments may also be considered, transferring only specific rights or territories.

What are the benefits of copyright assignment?

Monetization

Assigning copyright allows creators or the copyright owner to monetize their personal property by selling or licensing their rights to others, providing opportunities for additional income streams.

Transfer of responsibility

By assigning copyright, creators can transfer the responsibility for managing and protecting their personal property rights to the assignee, relieving them of the burden of enforcement and administration.

Expanding reach

Assigning copyright to a larger entity, such as a publishing house or production company, can help creators reach a wider audience and expand the distribution of their works.

Legal protection

Assigning copyright provides legal protection against unauthorized use or reproduction of the work, allowing assignees to take legal action against infringers to protect their rights.

Collaboration opportunities

Copyright assignment facilitates collaboration between creators and businesses, enabling joint ventures and partnerships that can lead to creative synergies and mutually beneficial outcomes.

When do you need a copyright assignment?

The following situations may require you to think about assigning a copyright:

Collaborative projects

A copyright assignment may be necessary to establish ownership and distribution rights when working with others on a creative endeavor, such as authoring a book or making a movie.

Commissioned work

A copyright assignment can outline the ownership and usage rights for any work you are contracted to produce for someone else, including written articles, music compositions, and artwork.

Your employer may ask you to assign your copyright to them as part of your employment agreement if you produce intellectual property as part of your work, such as software code, marketing materials, or product designs.

Selling or licensing

A copyright assignment agreement will formalize the transfer of rights and set out the conditions of the transaction if you choose to sell or license your copyright to a third party, such as a publishing house, record label, or production studio.

Safeguarding your legacy

As you make plans, you should ensure that your creative works' management and preservation follow your instructions. You may create a clear plan for how your personal property will be managed after your death with the use of a copyright assignment.

Copyright assignment is required anytime you need to distribute or transfer ownership of your creative works in a way that is official and compliant with the law. All parties concerned benefit from its clarity and protection, which guarantees that the rights and obligations related to intellectual property are accurately established and respected.

What laws and regulations to follow for copyright assignment in the US?

Copyright assignment in the United States is governed by federal law, primarily outlined in the Copyright Act of 1976 . This legislation provides the legal framework for copyright ownership and transfer, ensuring that assignments are enforceable and legally binding. In addition, the following points must be considered.

Ensuring validity and compliance : Precautions must be taken to guarantee the authenticity and validity of a copyright transfer. These include recording the assignment's conditions, getting the original express approval of the copyright owner, and making sure all legal requirements are met. To find and fix any possible validity issues, the written agreement must be legally reviewed. It might be advisable to visit the copyright office.

Legal requirements and formalities : A proper copyright assignment requires attention to legal requirements. One part of this is making sure the assignment agreement is in writing and signed by all parties. In addition to safeguarding the rights of both the assignor and the assignee, written agreements offer clarity and act as proof of the transfer of ownership.

What are the elements of a copyright assignment?

A copyright assignment agreement typically includes several essential components:

Identification of the parties involved (assignor and assignee)

This part identifies who is giving up the rights to the work (assignor) and who is receiving them (assignee).

Description of the copyrighted work

This describes the creative work being transferred, such as a book, song, or artwork.

Scope of rights being transferred

It specifies exactly which rights, such as reproduction, distribution, or adaptation rights, are being given up by the assignor and acquired by the assignee.

Reproduction rights : These refers to the right to make copies or reproductions of the copyrighted work. For example, if the assignee has reproduction rights, they can produce copies of a book, music recording, or artwork.
Distribution rights : These refer to the right to distribute copies of the copyrighted work to the public. This includes selling, renting, leasing, or otherwise making the work available to the public. For example, if the assignee has distribution rights, they can sell copies of a book in bookstores or distribute copies of a film through online streaming platforms.
Adaptation rights : This refers to the right to create derivative works based on the copyrighted work. A derivative work is a new work that is based on or adapted from the original work, such as a movie adaptation of a book or a remix of a song. If the assignee has adaptation rights, they can create and distribute adaptations or derivative works based on the original copyrighted work.

Consideration exchanged for the transfer

Consideration refers to what the assignee gives to the assignor in exchange for the rights to the work. It could be money, goods, services, or other valuable benefits.

Signatures of all parties

All parties involved in the agreement need to sign it to make it legally binding. This ensures that everyone agrees to the terms of the copyright assignment.

The effective date of the assignment

This is the date when the transfer of copyright ownership becomes official and legally enforceable.

Recordation

Recordation involves officially documenting the copyright assignment with the appropriate government office, such as the U.S. Copyright Office. This provides a public record of the transfer.

No early assignment

This clause specifies that the assignor cannot transfer the rights to the work before a certain date or event specified in the agreement.

This clause is typically included to provide stability and certainty to both parties involved in the agreement. It ensures that the assignor cannot prematurely transfer the rights to the work, thereby disrupting the intended timeline or violating the terms of the agreement. This clause helps in:

Protecting investment : The assignee may have invested time, resources, or finances into the agreement, and the "no early assignment" clause helps protect their investment by ensuring that the assignor cannot abruptly transfer the rights to someone else.
Completion of obligations : The clause may specify that the rights cannot be transferred until either party fulfills certain obligations or conditions. This ensures that both parties fulfill their responsibilities before the rights are transferred.
Preventing premature transfers : It prevents the assignor from transferring the rights to the work before the assignee has had sufficient time to benefit from the assignment or before certain milestones are reached.
Maintaining stability : This clause helps maintain stability by establishing a clear timeline for the transfer of rights and prevents unexpected changes or disruptions to the agreement.

Assignor’s representations

The assignor or the copyright holder may need to make certain statements or assurances about the work being transferred, such as confirming that they are the rightful owner of the copyright. The reasons being:

Legal assurance : By making representations about the work being transferred, the assignor provides legal assurance to the assignee that they have the rightful ownership of the copyright. This helps establish the validity and authenticity of the transfer.
Protection against claims : The representations serve as protection for the assignee against any claims or disputes regarding the ownership of the copyright in the future. If the assignor falsely represents themselves as the rightful owner, they may be held liable for any resulting damages.

This section outlines how the agreement can be modified or amended in the future if necessary.

A waiver clause specifies whether any rights or obligations under the agreement can be waived by either party and under what circumstances.

Now that you know the elements of a copyright assignment agreement, you may create one with greater clarity and detail by following the above list. This involves defining the rights being transferred accurately, including any restrictions or conditions, and, if required, obtaining legal counsel. A well-written contract helps in avoiding miscommunications and conflicts.

You can also use pre-made templates, like the copyright assignment template provided on this page, to speed up the process of drafting a copyright transfer agreement. Templates provide the agreement structure, which makes it simpler to modify and tailor to particular requirements.

What are the consequences of copyright infringement?

1. Legal liability

Infringers may be liable for legal action, including injunctions, damages, and attorney fees, which can result in financial losses and potential reputational damage.

2. Loss of revenue

Infringement of copyright can result in lost revenue for creators and assignees, as unauthorized use of their works deprives them of potential licensing or sales opportunities.

3. Damage to reputation

Infringement can damage the reputation of creators and assignees, harming their credibility and trustworthiness in the eyes of consumers and business partners.

4. Diminished control

Copyright infringement devalues the control that creators and assignees have over their intellectual property, diminishing their ability to dictate how their works are used and distributed.

5. Erosion of rights and potential public domain status

Failure to enforce copyright protections can lead to the gradual loss of rights over time. Infringers may exploit this lapse by arguing that the works have entered the public domain or that they have acquired rights through long-term usage. This underscores the importance of proactive enforcement to safeguard intellectual property rights.

To sum up, copyright assignment is an essential tool that helps creators properly manage and safeguard their personal property rights. Through formal agreements, creators may transfer ownership of their works and open up new avenues for profit, cooperation, and reach. Nonetheless, the consequences of copyright infringement highlight how important it is to enforce and defend these rights with care. Creators and assignees may confidently handle the complicated world of intellectual property and secure the existence and success of their creative activities for future generations by knowing and following copyright assignment standards.

Frequently asked questions

What does a copyright assignment mean.

The creator of intellectual property protected by copyright can sell that material and transfer the copyright to a buyer. A copyright assignment clarifies the terms of the transfer of ownership to a new person or business.

Here's the information you'll need to have handy to complete your copyright assignment:

Who it's coming from (original owner) : Determine if a business or individual is sending the document and have the assignor’s name and contact information ready
Who it's going to : Know who this document is going to and have the individual or business name and contact information of the assignee ready
Copyright registration information : Identify the material's title, registration number, and date
Payment : Decide the sale amount and when the buyer needs to pay

What is the process of assignment of copyright?

Transferring ownership of creative works through a formal agreement is the process of assigning copyright. In this arrangement, the parties typically identify themselves, describe the copyrighted work, specify the rights being transferred, exchange compensation, obtain signatures, and register the assignment with the relevant authorities for legal recognition.

Related categories

Related templates.

Assignment of Agreement

Transfer work responsibilities efficiently with an assignment of agreement. Facilitate a smooth transition from one party to another.

Intellectual Property Assignment Agreement

Safeguard the sale or purchase of assets with an intellectual property assignment agreement. Transfer the ownership of patents, trademarks, software, and other critical assets easily.

Patent Application Assignment

Transfer the ownership rights or interests in a patent application. A patent application agreement defines the terms of transfer, promotes collaboration, and mitigates risks.

Patent Assignment

Simplify the process of transferring patent rights for both buyers and sellers with a patent assignment agreement. Document the ownership transfer clearly and efficiently.

Trademark Assignment

Simplify the buying and selling of trademarks with a trademark assignment agreement. Transfer intellectual property rights and ensure a fair and smooth transaction.

Trademark License Agreement

Ensure fair use of intellectual property with a trademark license agreement. Outline the terms of usage and compensation.

IP Assignment and Licensing

IP rights have essentially transformed intangibles (knowledge, creativity) into valuable assets that you can put to strategic use in your business. You can do this by directly integrating the IP in the production or marketing of your products and services, thereby strengthening their competitiveness. With IP assignement and IP licensing, IP owners can also use your IP rights to create additional revenue streams by selling them out, giving others a permission to use them, and establishing joint ventures or other collaboration agreements with others who have complementary assets.

Expert tip: Assignment, license and franchising agreements are flexible documents that can be adapted to the needs of the parties. Nevertheless, most countries establish specific requirements for these agreements, e.g. written form, registration with a national IP office or other authority, etc. For more information, consult your IP office .

IP rights assignment

You can sell your IP asset to another person or legal entity.

When all the exclusive rights to a patented invention, registered trademark, design or copyrighted work are transferred by the owner to another person or legal entity, it is said that an assignment of such rights has taken place.

Assignment is the sale of an IP asset. It means that you transfer ownership of an IP asset to another person or legal entity.

IP for Business Guides

Learn more about the commercialization of patents, trademarks, industrial designs, copyright.

Read IP for Business Guides

IP licensing

You can authorize someone else to use your IP, while maintaining your ownership, by granting a license in exchange for something of value, such as a monetary lump sum, recurrent payments (royalties), or a combination of these.

Licensing provides you with the valuable opportunity to expand into new markets, add revenue streams through royalties, develop partnerships etc.

If you own a patent, know-how, or other IP assets, but cannot or do not want to be involved in all the commercialization activities (e.g. technology development, manufacturing, market expansion, etc.) you can benefit from the licensing of your IP assets by relying on the capacity, know-how, and management expertise of your partner.

Expert tip: Licensing can generally be sole, exclusive or non-exclusive, depending on whether the IP owner retains some rights, or on whether the IP rights can be licensed to one or multiple parties.

Technology licensing agreements

Trademark licensing agreements, copyright licensing agreements, franchising agreements, merchande licensing, joint venture agreements, find out more.

Learn more about Technology Transfer .

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Twinkle Madaan

Assignment And Licensing Of Copyrights

Coverage of this Article

Key takeaways.

-The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.

Introduction

-Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution.

Assignment of Copyrights (Section 18)

-The owner of a work's copyright has the ability to assign his copyright to anyone else.

Mode of Assignment (Section 19)

-According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative.

Disputes with Respect to Assignment of Copyright (Section 19a)

-According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

Assignment by Operation of Law (Section 20)

-If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate.

Licensing of Copyright

-The owner of a copyright may give a license to perform any of the acts over which he has sole authority.

Section 18 of the Copyrights Act defines a: Voluntary Licence

-The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.

Compulsory license

-Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish.

Statutory license

-Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior

-The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment.

The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.
If the assignment period is not specified, it will be assumed to be five years from the date of assignment.
In the event of a dispute over the assignment of copyright, the Appellate Board may issue a proper order after receiving a complaint from the aggrieved party and conducting any investigation it deems necessary, including an order for the recovery of any royalties due.
The owner of the copyright may also give a license to perform any of the acts over which he has sole authority.

Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution. The purpose of copyright has always been to safeguard a creator's interests while also disseminating knowledge. Though this protection began with the acknowledgment of authors' rights in their writings, contemporary technology has fundamentally altered the nature of work and the means by which it is exploited. An owner's economic rights allow him to profit financially from his intellectual contributions.

Different rights are recognized depending on the nature of the work, according to Section 14 of the Copyright Act of 1957. According to this provision, the owner has the exclusive authority to perform or authorize the performance of the activities listed.

The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. The mere grant of the right to publish and sell the copyrighted work, on the other hand, is a grant of publishing rights rather than a copyright assignment.
When an assignee of copyright becomes entitled to any of the copyright's rights, he is treated as the copyright's owner in respect of those rights. In the case of unassigned rights, the assignor is also considered the copyright owner. If the assignee dies before the task is completed, the legal representatives of the assignee are entitled to the assignment benefits.
In Video Master v. Nishi Production, the Bombay High Court reviewed whether a video rights assignment would include the right to broadcast through satellite as well. The Court agreed with the defendant's assertions that there were various channels of public communication, including terrestrial television transmission (Doordarshan), satellite broadcasting, and video television. In all of those modalities, the film's owner owned distinct copyright, which he might assign to multiple people.
As a result, the satellite broadcast copyright of a film was a separate right of the film's owner, and the plaintiff's video copyright did not include it.
According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative. The assignment of a copyright in a work should identify the work and specify the type of rights given, as well as the assignment's duration and territorial scope. It should also include the amount of royalty payable, if any, to the author or his legal heirs during the time of the assignment, as well as the fact that the assignment may be revised, extended, or terminated on mutually agreed-upon terms.
If the assignment period is not specified, it will be assumed to be five years from the date of assignment. If the territorial scope of the assignment is not specified, it will be interpreted to apply to the entire country of India.
Section 19(8) also states that copyright work assigned in violation of the terms and conditions under which rights have been assigned to a particular copyright organization where the author of the work is a member is void.
In addition, Sections 19(9) and 19(10) state that the assignment of copyright for the purpose of making a cinematograph film or sound recording does not affect the author's entitlement to an equal part of the royalties and consideration due for the use of his protected work.
It was held in Saregama India Ltd v. Suresh Jindal that the owner of the copyright in a future work may assign the copyright to any person for the whole or part of the copyright and that once the assignment is made, the assignee is treated as the owner of the copyright for the purposes of this Act.
According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate. Section 20 states that if a person is entitled to copyright under bequest and the work has not been published before the testator's death unless the testator's will or any codicil thereto expressly states otherwise, such person is considered to have copyright in the work to the extent that the testator was the owner of copyright immediately before his death.

The owner of a copyright may give a license to perform any of the acts over which he has sole authority. The following are the different types of licenses:

The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.
The owner of the copyright in a work may give any interest in his copyright to any person by license in writing, which must be signed by him or his duly authorized representative, according to Section 30 of the Copyright Act 1957.
A license can be issued not only for existing work but also for future work; in this case, the assignment will take effect when the future work is completed. If there is no stipulation to the contrary, a licensee of the copyright in a future work who dies before that work comes into existence will be entitled to the benefit of the license.
The license mode is similar to an assignment deed, with section 19 providing the appropriate changes and alterations (section 30A). As a result, just like an assignment, a licensing deed for a work should include the following information:
Duration of license
The rights which have been licensed
Territorial extent of the licensed
The quantum of royalty payable
Terms regarding revision
Extension and termination
Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish. Compulsory licenses, when viewed in this light, are less of a violation of owner sovereignty on both grounds.
The owner does maintain some liberty in terms of entering into proper licensing agreements with those he sees fit, and he is also allowed to negotiate the terms of the license within reason.
A compulsory license is usually triggered by an unjustified refusal to deal with a person.
This takes us to the third key difference between a mandatory and statutory license. The former is always granted after an individual makes a specific request to the appropriate authority.
The latter, on the other hand, is the authority's broad setting of royalty rates and the issuance of standardized licenses to all those who wish to use them. As a necessary corollary, the owner has no control over the identities of persons who receive the license or the amount of royalties they pay.
Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior. Once the work fits into the broader class of works that can be licensed in this way, it tries a wholesale expropriation of owner autonomy.
Cover version recording licenses (Section 31C) and broadcasting licenses are the two types of statutory licenses (Section 31D).
The first has existed since the beginning, however as part of the fair dealing exceptions in Section 52. The second is a relatively new addition to the Act, as it was amended in 2012.

The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment. In general, unless otherwise stated, the assignee becomes the owner of the assigned work, but in the event of a license, the licensee merely receives the right to exercise specific rights.

An assignment might be broad, i.e. without restrictions, or specific, i.e. with restrictions. It could be for the entire copyright term or just a portion of it. As stipulated by Section 14 of the Act, an assignment transfers an interest in and deals with copyright, whereas a license does not convey the copyright but merely offers permission to do something that would be illegal otherwise. An assignment grants copyright ownership, but a license just allows the licensee to do specified things. The assignee who has been given the copyright title may reassign it.

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Difference Between Copyright Assignment and Copyright License

Post author: Sachin Jaiswal
Post published: June 28, 2024
Post category: Copyright

Last Updated on June 28, 2024 by Sachin Jaiswal

Copyright is a basic legal idea that gives authors exclusive rights over their unique works, including literary, artistic, musical, and theatrical creations. It is very important in the creative sector as it gives writers, artists, and inventors the required security and incentives to keep generating worthwhile material.

Copyright assignment and licensing are two legal processes controlling the transfer and use of protected works. While both involve the transfer of rights, they differ in terms of ownership, exclusivity, time, and the associated rights and responsibilities. Understanding the differences between these two ideas is important for artists, companies, and anyone involved in managing and marketing protected materials.

Copyright Assignment

Copyright assignment refers to the full transfer of ownership and exclusive rights over a protected work from the original writer to another party, known as the buyer. Through this process, the author gets full control and decision-making power over the work, including the right to publish, share, show, perform, or make derivative copies of the protected material.

Usually found in a thorough contract with clauses for partial or complete assignment, the length and geographical extent of the transfer, and the royalties or compensation to be given to the original author, the assignee’s rights and obligations are described. Subject to any restrictions or terms included in the assignment agreement, the assignee becomes the new legal owner of the copyright and may use the work however they deem appropriate.

Copyright Licensing

Copyright licensing , on the other hand, means giving permission to use a protected work without passing control. The copyright owner, known as the publisher, keeps the basic rights and ownership of the work, while the user is allowed particular rights to use the work in a stated way, such as publishing, sale, or public performance.

There are several types of copyright licenses, including exclusive, non-exclusive, and forced rights. The rights given in a license deal can vary but generally include the scope of use, time, and regional limits. The owner often gets fees or other forms of pay in exchange for the given rights, which are addressed as part of the license deal.

Copyright licensing can be optional, where the parties talk the terms, or statutory, where the law requires certain licensing arrangements, such as in the case of forced licenses.

Key Differences Between Copyright Assignment and Licensing

Transfer of ownership vs. granting permission:.

The main difference between copyright assignment and licensing comes from transferring ownership and control over the protected work. In a copyright transfer, the original owner fully gives the ownership and exclusive rights to the assignee, who becomes the new legal owner of the copyright. In contrast, copyright licensing includes the copyright owner giving permission to the licensee to use the work in a specific way while the licensor keeps ownership and control over the copyright.

Exclusive Control vs. Shared Rights:

With a copyright transfer, the receiver gets exclusive power and control over the economic rights connected with the protected work, including the right to print, share, and publicly show the work. In a licensing deal, the user is given certain rights, but the seller keeps the general rights and can continue to use the work themselves or grant additional licenses to others.

Duration and Territorial Scope:

The duration and physical reach of the rights also differ between transfer and lease. Assignments are usually constant and can cover global rights, whereas licenses are often limited in time and geographic reach, as set by the deal.

Royalties and Compensation:

The pay system also differs. The owner may receive a one-time payment or a share of the future earnings in an assignment. In contrast, in a licensing deal, the copyright owner usually gets ongoing income based on the licensee’s work use.

Termination and Revocation:

Finally, the termination and revocation steps differ. Assignments are generally more difficult to terminate or revocate as the ownership has been permanently changed. On the other hand, licenses can be more easily ended or revoked, either by ending the agreed-upon time or by the owner exercising their right to stop the agreement under certain conditions.

Advantages and Disadvantages of Assignment and Licensing

For the copyright owner:.

Advantages of Assignment:

Immediate and possibly better cash compensation through a one-time payment
Transfers the duty of handling and utilizing the work to the assignee

Disadvantages of Assignment:

Permanent loss of control and ownership over the protected work
Forfeits the ability to gain from future income or royalties

Advantages of Licensing:

Retains ownership and control over the protected work
Ongoing fee payments from the licensee’s use of the work
Flexibility to give multiple licenses or cancel the license

Disadvantages of Licensing:

Potentially lower cash compensation compared to assignment
Requires active handling of the license deals

For the Assignee or Licensee

Gains full control and exclusive rights over the protected work
Ability to use the work without restrictions from the original owner
Allows use of the protected work without the need to buy it directly
Provides access to important intellectual property at a lower cost
Limited rights and control over the work, subject to the rules of the license
Ongoing fee payments to the copyright owner

For the Public

Advantages of Assignment and Licensing:

Increased availability and accessibility of protected works through different means
Potential for more diverse and new uses of the source material
Reduced competition and choice, as the owner gets exclusive rights
Potential for higher prices or limited access if the copyright owner puts bad terms on licensees

Overall, both assignment and licensing have advantages and disadvantages, and the choice between them relies on the specific goals and circumstances of the copyright owner, the assignee/licensee, and the public.

In conclusion, the major difference between copyright assignment and licensing is the transfer of ownership and control. Copyright assignment includes the permanent transfer of exclusive rights to the assignee, who becomes the new legal owner of the work, while copyright licensing gives permission to use the work without moving ownership, with the user holding control. The differences extend to duration, regional reach, pay structure, and termination ways. Understanding the legal effects of these two processes is essential for copyright owners, assignees, licensees, and anyone involved in managing and selling protected works. As the creative industry continues to evolve, especially with the effect of digital technologies and continuous talks surrounding fair use and public access, it is important to stay informed about the latest trends and factors in the world of copyright.

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Sachin Jaiswal

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What's the difference between Copyright and Licensing?

There are two other questions, specifically related to Licensing and Copyright .

In reviewing the answers and comments, I get the feeling that people generally consider the two to be the roughly same thing. If this is true, why do we worry about both?

It seems to me that they are very different things:

For copyright

It exists, without me doing anything to assert it, from the moment of creation.
Unless explicitly assigned, or surrendered, it persists regardless of licence chosen for the software.
It grants the creator very specific legal rights and remedies (although, these may vary by jurisdiction).
Most forms of copyright have a defined duration (usually life + 'n' years).
In an open source project, every contributor retains copyright in their own contributions.

For the Licence

It is a legal document
I have to explicitly choose, or create, the license. It does not apply automatically.
It grants users of the software specific, and limited, rights.
Unless stated in the Licence itself, or until it is revoked, it remains enforceable in perpetuity.

Are they aspects of the same thing, or do they actually serve two different populations (producers and consumers)?

5 This sounds like a legal document. Preamble... Oh dear... :/ But excellent question. :) – Zizouz212 Commented Jun 24, 2015 at 21:41
1 Nah, a preamble is a series of zeroes and ones to pump up the charge in the receiving radio :) – kdopen Commented Jun 24, 2015 at 22:33
1 With most licenses, you don't enforce the license, you enforce the copyright. That one has a license is a defense to an accusation of copyright infringement. (EULAs and shrink wraps are exceptions. But this applies to true licenses like the GPL, the Apache license, and so on.) – David Schwartz Commented Feb 21, 2019 at 22:05

3 Answers 3

Licensing is the legal term used to describe the terms under which people are allowed to use the copyrighted material.

You can think of it in terms of physical property, if you want, the copyright is like the "deed" to a house. It says you own the house. If you want, you can rent the house out to someone, and that rental agreement is the 'license'.

Copyright is different to a "deed" in that it is possible to license the material in different ways, to different people, all at the same time.

Like a "deed", though, you can sell ownership of the code to someone else, and that would be called a copyright transfer.

Only the copyright owner (or their agent) can enter in to a license agreement.

A notable exception to your "every contributor retains copyright in their own contributions":

Many large projects use a Contributor License Agreement that specifies that copyright for contributed code is transferred from the code's author to the project/organization.

2 Yep. I was thinking of that with the "Unless explicitly assigned, or surrendered," point under copyright, – kdopen Commented Jun 24, 2015 at 22:30

It can be bought and sold like any other property – a house, a car, a pen.

The difference with copyright and other personal property is that it’s intangible.

Houses (and the land they are on) are a type of property named “real property”.

Basically, real property is the land. The house is “attached” to the land (by being built on it) and therefore for legal purposes becomes part of the land. The house is inseparable from the land.

Cars and pens are choses in possession, or chattels.

They are things you can touch, pickup and hold, which aren’t land or things affixed to land, like houses.

Intellectual property rights are intangible rights. You can’t touch them. They’re incorporeal rights, although it’s not fashionable to call them that.

More technically, copyright along with the other intellectual property rights are choses in action.

As choses in action they’re like a debt: they can only be enforced by legal proceedings. They’re a legal fiction: they only exist in law, unlike your pen or house.

As you know, copyright protects source code. It also protects the written word in books.

When you walk into a bookstore and buy a book, you’re buying the printing copy of the book. You’re not buying the copyright in the book.

Buying the copyright in a book means that you are able to exercise the exclusive rights of the copyright owner of the written word in the book. In this context, that means:

copy the book;
authorise others to copy the book.

Source code is protected in the precisely the same way as books.

That’s because the written words in books are the same type of copyright work as source code: literary works.

To put it another way, the written words which make up the source code is the form of a work protected by copyright: a literary work.

Like all intellectual property rights, copyright vests in the work itself to protect it.

You might imagine the book or the source code soaked (like a sponge soaks up water) in copyright.

That would mean:

for so long as copyright subsists in the source code, it is soaked in intellectual property rights;
when the term of copyright protection expires (think 70+ years from the time it is created), the source code is no longer soaked in copyright.

At that point in time, the source code is no longer soaked in copyright and it's no longer protected by copyright. Anyone can:

issue copies of it to the public,
rent copies to the public,
make copies available to the public;
edit it, and/or
give permission to others to perform the acts above in respect of the copyright work.

You've probably heard some of those terms in the context of copyright, or similar terms.

They're some of the exclusive rights of the copyright owner: the rights which the copyright owner gets as a result of ownership of the copyright.

A licence is a grant of a permission.

They can be:

granted verbally;
granted in writing;
implied by law; and/or
supported by contractual consideration or not;
exclusive, non-exclusively or sole

The owner of copyright is the owner of the exclusive rights granted by copyright (some which are listed above).

Let’s say I own some land. I can give permission to somebody or lots of people to:

enter onto the land. I can specify the time of day they can enter onto the land
the time by which they must leave
what they need to wear (or not) when they enter into the land.
limit which parts of the land they can go to.

Same with copyright works (ie literary works, artistic works et al), such as literary works that I own. I can carve up the permissions however I like as copyright owner.

The maximum length of a licence to use a copyright work – if it’s written properly - will only last for the term of copyright, and no longer.

So after all of that, the answer to your question is that:

they are aspects of the same thing; and

they serve two different populations or markets:

a. copyright owners; and

b. people that want to use the copyright work, ie licensees.

1 Chose in action is a legal term of art. See hallellis.co.uk/chose-in-action , as with chose in possession. – lellis Commented Oct 6, 2019 at 15:22

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TERM OF COPYRIGHT AND ASSIGNMENT- LICENSING (SEC 18-31)

Published by admin on august 25, 2023 august 25, 2023.

This article is written by Smriti Jha of Lloyd Law College, Greater Noida, an under Legal Vidhiya

Copyright is a legal privilege provided to intellectual property owners. It is the right to copy, as the phrase implies. Thus, copyright means that when someone makes a thing, they possess the right to it. As a result, only that person or anybody they authorize has the exclusive right to replicate that work.

The owner of copyrighted material makes a profit not just by exploiting it but also by sharing it with others for mutual gain. The assignment or licensing of copyright can accomplish this.

In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

Keywords: Copyright, Right, Authorize, Assignment, Licensing.

Introduction

Copyright is an intellectual property right granted by the law to the creator of literary, theatrical, musical, and creative work, as well as the maker of cinematograph films and sound recordings. It also applies to architectural works and computer software/programs. It can be viewed as a collection of rights that include the right to reproduce, communicate, adapt, and translate the work. Copyright protects writers’ rights to their creations and, as a result, tries to encourage creativity.

Copyright license and copyright assignment are two distinct concepts that should not be used together. In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

A copyright assignment occurs when the owner of a copyright transfers ownership to another person or organization. [1]

Termination:

Creator has the right to claim damages when the goodwill of the owner/creator is harmed by the omission of any act done by the assignee.
If both parties agree to cancel the assignment.
If the assignee does not exercise the rights assigned to him within one year of the date of the assignment, it shall be presumed to have lapsed unless otherwise specified. [2]

Difference Between Copyright Assignment and Licensing

Copyright license and assignment of copyright are two distinct phrases that should not be used interchangeably Each one is distinct in its own way. A license authorizes conduct; without it, the authorization would be considered an infringement. Licensing typically entails authorizing a subset of numerous rights. It may be exclusive or non-exclusive. In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

A license does not give the licensee any rights against a third party or the licensor, while an exclusive licensee has significant rights against the licensor, including the right to sue the licensor.

A licensee has the freedom to make changes as long as his license does not restrict that ability. If the royalties are not paid, the licensor has the right to withdraw the license. It is not possible to do the same with the assignment. However, if there is anything unpleasant that can harm the author, it may result in revocation if a complaint is filed with the copyright board.

Unlike a copyright assignment, a copyright license must be in writing. It can be either spoken or inferred after taking into account all of the facts and circumstances surrounding the transaction between the owner of the copyright and the licensee

If an owner of a copyrighted work considers assigning the copyright, he should consider licensing it rather than transferring it. It would aid in keeping ownership and hence licensing only provides specific rights to another party.

In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person.

Assignment of Copyright

No one is qualified to duplicate, recreate, distribute, or offer a unique composition, painting, emotional generation, form, and so forth without the consent of the maker. As a result, the law grants the maker (creator) of the copyright the power to transfer ownership of the copyright to a third party. [3]

A license authorizes conduct; without it, the authorization would be considered an infringement. Licensing typically entails authorizing a subset of numerous rights

As a result, the law gives the maker (creator) of the copyright the authority to transfer ownership to a third party.

They are mentioned below:

The time period of the license
The rights that have been licensed
The geographical limit or extent of the license
The amount of royalties that will be paid as compensation.
Clauses & Conditions pertaining to termination, modification & extension. [4]

Assignment of copyright

Assignment of Copyright The owner of a copyright to an existing work or a future work may assign his copyright to anyone. The assignee who gets the assignment from the owner has the same rights to the copyright as the owner. The owner may put general or partial limitations on the assignee in order to enjoy shared benefits in the copyrights. However, selling a copyrighted work and surrendering the right to publish it does not constitute an assignment of copyright; rather, it is merely a publishing right.

There will be no assignments where the work did not exist at the time of copyright assignment. In the case of a future assignment of copyright, it will take effect when the work is created. When the assignee acquires the copyrights, he is treated as the copyright owner. In the event of the assignee’s death, the legal representative is entitled to the advantages of the assignment of copyright.

Mode of assignment

Section 19 of the legislation allows for the assignment of copyright under the following conditions:

Copyright for any work can be assigned to an assignee in writing and formally signed by the assignor or his agent.
The copyright assignment must identify the rights assigned as well as the duration and territorial scope of the assignment.
The copyright assignment can be changed, extended, or cancelled on mutually agreed-upon terms. The assignment must include a significant payment amount paid to the author or his legal heirs during the copyright assignment.
If the assignee does not utilize his copyright assignment rights within one year of the date of the assignment, such rights are assumed to have lapsed.
If not clearly stated, copyright assignment will endure up to five years.
If not particularly stated, the assignment of copyright shall cover the entire country of India.
Any work that violates the rules and circumstances of the assignment of copyright in the field in which the author works is void.

Section 19A

Disputes Regarding Copyright Assignment

The Appellate Board will conduct an inquiry on behalf of the party if it receives a complaint under section 19(A) of the act. If the other party fails to comply with the terms and conditions stated at the time of assignment, the Appellate Board may:

Recall the assignment.

Recovering any owed royalties

Note: The Appellate Board must issue final orders within six months of receiving the complaint. In the event of a delay, the Appellate Board shall record the grounds for the same. (According to Section 19A (3) of the Copyright Act of 1957).

Section 20 states that if a person is entitled to copyright under bequest and such work has not been published before the testator’s death, unless a contrary intention is shown in the testator’s will or any codicil thereto, such person is considered to have copyright in the work to the extent that the testator was the owner of copyright immediately before his death.

Right of author to relinquish copyright

Section 21 of the Act gives the owner of a work the option to give up all or any of the rights in the work. As the term implies, relinquishment refers to the author’s surrender or abandonment of the rights in the copyrighted work. This usually signifies that the author’s rights have been surrendered or abandoned, and he or she can no longer claim ownership of the work. The author can choose which rights they want to relinquish.

Section 22

Term copyright in published literary, dramatic, musical, and artistic works

There are certain restrictions that must be met in order to obtain protection under the Copyright Act of 1957. These restrictions can be broadly grouped into three categories: a limited period of copyright permissible uses, non-voluntary licensing (statutory license), and statutory licenses. The duration or term of the copyright is discussed further below.

Chapter V of the Indian Copyright Act of 1957 specifies the duration of copyright protection. Section 22 of the Act provides that the term of copyright in published literary, dramatic, musical, and artistic works must survive, if published during the author’s lifetime, until sixty years after the author’s death, commencing with the first day of the calendar year following his or her death. In this section, the reference to the author shall be construed as a reference to the author who dies last in the case of a work of joint authorship. The Amendment of 1992 expanded this duration from fifty to sixty years.

In the case of a cinematograph film, sound recording, photograph, posthumous publications, or anonymous organizations, the sixty-year period begins on the date of publication.

If the work is published anonymously, that is, when the author of the work is unknown. According to Section 23 of the Copyright Act of 1957, the copyright term of an anonymous publication is also sixty years, computed from the beginning of the calendar following the year the work was originally published. The part also allows for the author’s identity to be revealed. In its proviso, it is stated that if the identity of the author is revealed before the expiration of the abovementioned term, the copyright exists for a period of sixty years, calculated from the start of the calendar year following the year in which the work is first published.

Term of Copyright in Posthumous Work

It is the publication of a work after the author’s death. The term of copyright protection for a posthumous publication is sixty years, and unlike in other jurisdictions, this time is computed from the date of publication.

Term of copyright for photographs

The Indian Copyright Act grants copyright in photographs for a term of 60 years from the beginning of the calendar year succeeding the year in which the photograph is published. However, the 2012 amendment deleted this section.

Term of Copyright in Cinematograph Films

Cinematograph Films has a copyright that lasts for sixty years from the start of the calendar year following the year in which the film is published.

Term of copyright in sound recording

Sound recording copyright is valid for sixty years from the beginning of the calendar year following the year in which the sound recording is published.

Term of Copyright Government works

In the event of a Government production, when the Government is the first owner of the copyright, the copyright lasts for sixty years from the start of the calendar year following the year in which the work was first published.

Section 28A

The copyright term in which a public undertaking is the first proprietor. When a public undertaking is the first owner of the copyright in a work, the copyright lasts for sixty years from the beginning of the calendar year following the year in which the work is first published.

In the case of an international organization’s work to which the requirements of section 41 apply, copyright lasts for sixty years from the start of the calendar year succeeding the year in which the work is first published.

Licenses by owners of copyright

The owner of the copyright in an existing work or in future works may give any interest in the copyright through a license. The license can be issued in writing by the owner and signed by him or an approved agent. A copyright license for any future work shall take effect only when the work is created. In the absence of any provision, the legal representative is entitled to the advantages of the license.

Application of Section 30(A)

The provisions that were applicable in section 19 in connection to the assignment of copyright, with relevant adaptations and amendments, will be applied in the event of the license granted by the owner.

Compulsory license in works withheld from public

Section 31 of the Indian Copyright Act allows a complaint to be filed with the Copyright Board, the jurisdiction of which has now been transferred to the Intellectual Property Appellate Board when such rejection has resulted in the work being withheld from the public.

Section 31A

Section 31A deals with a compulsory license in unpublished or published works.

Section 31B

Section 31B deals with compulsory licenses for the benefit of the disabled.

Section 31C

Section 31C deals with statutory licenses for cover versions.

Section 31D

Section 31D deals with statutory licenses for the broadcasting of literary and musical works and sound recordings.

Advantages of Licensing

It has the potential to improve marketing.
It aids in increasing income while lowering production costs.
It aids in the commercial expansion of a company. The licensing process makes it considerably easier to introduce work into other markets.
Investments are relatively cheap, but there are payments in the form of royalties in return.
Flexible in nature, as the parties have the right to make changes according to the circumstances.

Advantages of Assignment

It contributes to increased financial advantage because the owner of the work can assign his whole ownership to a third party for a lump sum payment.
It aids in risk mitigation and cost reduction.
The assignment clarifies ownership in the event that many parties claim ownership.

Copyright protects and promotes creativity by providing some basic safeguards for writers’ rights to their works. The Copyright Act of 1957 governs the assignment and licensing of copyright in India, with distinct sections governing each procedure. Licensing is the temporary transfer of some exclusive rights to a licensee. The assignment, on the other hand, entails the permanent transfer of all or some of the exclusive rights to an assignee. Copyright holders should also meticulously document the specifics of the agreement, including any payment conditions, royalties, and performance dates.

https://www.legalserviceindia.com/legal/article-142-copyright-ownership-and-assignment-of-rights. Last seen on 19/08/2023
https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023
https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing- Last seen on 21/08/2023

[1] https://www.legalserviceindia.com/legal/article-142-copyright-ownership-and-assignment-of-rights . Last seen on 19/08/2023

[2] https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023

[3] https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023

[4] https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing- Last seen on 21/08/2023

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Reviewing Copyright Licensing Contracts

Reviewing copyright licensing contracts requires a meticulous examination of complex contractual provisions that govern the relationship between licensors and licensees. Mastering contract terminology, identifying key licensing provisions, and negotiating fair compensation terms are crucial steps in the review process. Clear and precise contract language helps prevent misunderstandings and disputes, while a thorough review of contract terms safeguards that rights and interests are protected. By understanding the intricacies of copyright licensing contracts, parties can negotiate effective agreements that balance their interests and promote successful collaborations. A closer examination of these contractual elements reveals the intricacies of a well-structured agreement.

Table of Contents

Understanding Contract Terminology

A thorough understanding of contract terminology is vital for traversing the complexities of copyright licensing contracts, as misinterpretation of even a single term can have significant legal and financial implications. Contract jargon, often unfamiliar to non-lawyers, can lead to misunderstandings and costly mistakes. It is essential to grasp legal definitions of terms such as "assignment," "license," "royalty," and "work-made-for-hire" to accurately interpret contractual obligations. Failure to do so can result in disputes, litigation, and financial losses.

Familiarity with contract terminology also enables parties to negotiate more effectively, as they can articulate their needs and expectations with precision. Moreover, understanding the nuances of contract language helps to identify potential risks and opportunities, allowing parties to make informed decisions. By mastering contract terminology, parties can ensure that their rights and interests are protected, and that their agreements are clear, comprehensive, and enforceable. In the context of copyright licensing contracts, a solid grasp of contract terminology is crucial for navigating the intricacies of these complex agreements.

Identifying Key Licensing Provisions

With a solid foundation in contract terminology established, parties can now concentrate on identifying the key licensing provisions that form the backbone of copyright licensing contracts. These provisions outline the specific rights and obligations of the licensor and licensee, and their clarity is vital to securing a successful licensing agreement.

One critical aspect to examine is the licensing scope, which defines the specific uses and applications permitted under the license. This may include the types of products or services that can be developed, the territories in which they can be distributed, and the duration of the license. Exclusive territories, for instance, may be designated to prevent competition between licensees or to align with the licensor's business strategy.

Other key provisions to identify include the grant of rights, which specifies the intellectual property being licensed, and the reservation of rights, which outlines the rights retained by the licensor. Additionally, parties should carefully review the terms governing sublicensing, assignments, and termination to confirm they align with their business objectives. By carefully examining these key licensing provisions, parties can establish a well-structured agreement that balances their interests and promotes a successful collaboration.

Negotiating Fair Compensation Terms

Beyond the key licensing provisions, the crux of a successful copyright licensing contract lies in negotiating fair compensation terms that align with the licensor's intellectual property value and the licensee's anticipated returns. A well-structured compensation scheme secures that both parties benefit from the agreement. Royalty rates, payment schedules, and other financial terms must be carefully negotiated to reflect the value of the licensed intellectual property.


Royalty Rate	Percentage of revenue generated from licensed IP
Payment Schedule	Frequency and duration of royalty payments
Minimum Threshold	Minimum payment threshold, regardless of revenue
Escalation Clause	Provision for increasing royalty rates over time
Audit Rights	Licensor's right to inspect licensee's financial records

In negotiating fair compensation terms, licensors should consider the potential revenue generated from their intellectual property, while licensees should evaluate the costs associated with licensing and the expected returns on their investment. By striking a balance between these competing interests, parties can establish a mutually beneficial agreement that fosters a successful collaboration and safeguards a profitable partnership.

Avoiding Ambiguity in Contract Language

Clear and precise contract language is paramount to preventing misunderstandings and disputes, as ambiguous terms can lead to costly litigation and jeopardize the entire licensing agreement. To avoid ambiguity, it is necessary to confirm that all contractual terms are defined clearly and unambiguously. This can be achieved by incorporating clear definitions of key terms and concepts, eliminating vague or open-ended language, and avoiding contradictions and inconsistencies.

Contextual analysis is also fundamental in identifying potential ambiguities and verifying that contractual provisions are aligned with the intended meaning. This involves examining each provision in the context of the entire agreement, considering the surrounding circumstances, and evaluating the language in light of industry norms and practices. By conducting a thorough contextual analysis, parties can identify and address potential ambiguities, reducing the risk of disputes and guaranteeing that the licensing agreement is enforceable and effective. Ultimately, avoiding ambiguity in contract language is critical to guaranteeing the success and longevity of a copyright licensing agreement.

Protecting Your Rights and Interests

Effectively protecting your rights and interests in a copyright licensing agreement requires a meticulous review of the contract terms to guarantee that they accurately reflect your goals and objectives. This involves carefully examining the language and provisions of the agreement to ensure that they align with your creative vision and business strategy.

To achieve this, it is essential to consider the following key aspects:

Creative Freedom : Ensure that the contract does not unduly restrict your creative freedom or autonomy, allowing you to maintain control over your work and make decisions that align with your artistic vision.
Legal Boundaries : Clearly define the legal boundaries of the agreement, including the scope of the license, territorial restrictions, and duration, to avoid ambiguity and potential disputes.
Rights and Responsibilities : Clearly outline the rights and responsibilities of both parties, including ownership, royalties, and termination clauses, to prevent misunderstandings and ensure a mutually beneficial agreement.

Frequently Asked Questions

What are the consequences of breaching a copyright licensing contract?.

"Breach of a copyright licensing contract can lead to significant legal liability, exposing infringers to financial penalties, including damages, legal fees, and statutory damages, potentially bankrupting individuals or organizations, and irreparably damaging their reputation."

Can I Assign or Sublicense My Rights to a Third Party?

Assigning or sublicensing rights to a third party may be permissible, but only if the licensing agreement explicitly grants exclusive permissions or implicit agreements allowing such transfers, guaranteeing the original licensor's rights and obligations are upheld.

How Do I Handle Disputes Arising From Contract Interpretation?

When disputes arise from contract interpretation, employ Mediation Strategies to facilitate negotiation and foster creative solutions. If unresolved, consider Arbitration Options, such as binding arbitration or specialized determination, to guarantee swift and authoritative dispute resolution.

Are There Standard Templates for Copyright Licensing Contracts?

While industry norms dictate a standardized approach, copyright licensing contracts often exhibit template variation due to unique licensing terms, territorial restrictions, and intellectual property nuances, requiring tailored agreements that balance licensor and licensee interests.

Can I Terminate a Contract if the Licensee Goes Bankrupt?

In the event of licensee bankruptcy, contractual termination may be feasible, dependent on the inclusion of bankruptcy clauses specifying insolvency procedures, allowing the licensor to regain control of their intellectual property or negotiate new terms.

COMMENTS

Assignment and Licensing of Copyrights under Copyrights Act
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...
Copyright Licenses and Assignments (BitLaw)
A license (or more properly "an express license") is an agreement where the copyright owner maintains its ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license will be preferred over an assignment of rights where the copyright holder wishes to ...
Assignment/Transfer of Copyright Ownership
Are copyrights transferable? Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another. See Circular 1, Copyright ...
Assignment of Copyrights & Legal Implications
The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale ...
The Difference Between Copyright Assignments and Licenses
A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder's rights. For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the ...
What Is Assignment and Licensing under Copyright Law?
With a license, the copyright owner retains their ownership of any right that is transferred. An assignment, on the other hand, transfers all exclusive rights and is comparable to a sale. The original copyright owner basically sells their rights to another person or entity who then essentially owns them. When an owner assigns their rights to ...
Copyright Licensing Under the Law
In many cases, an author of an original work may gain an economic or other benefit by granting another person or entity the authority to exercise one or more of these rights, or even part of one of the rights. A transfer of rights in a copyrighted work can be accomplished through a copyright license or an assignment. Generally, the difference ...
Recordation Overview
A transfer of copyright ownership is "an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license." 17 U.S.C. § 101. Learn More
Managing Rights
The consolidation of rights is accomplished through either an assignment of copyright, which transfers ownership of the work to another, or through a license, which grants permission to use a work in a certain way. Both assignments and licenses are part of creating works within a university setting. Creators may be asked to assign rights in ...
Copyright transfer, assignment and licensing in the United States
However, the written transfer does not need to be made at the time of assignment, and a later written document confirming the agreement is sufficient to prove the assignment. Transfer of a right ...
The Basics of Intellectual Property Copyright Assignment Agreements
A copyright assignment agreement is a legal instrument that enables the transfer of ownership rights from one party to another, allowing the assignee to exercise control over the copyrighted material and granting them the right to sue for infringement, license the work, and profit from its exploitation.
Copyright Licensing: Key Legal Requirements and Support
A well-crafted license agreement typically comprises several essential elements that define the scope, terms, and conditions of the copyright license. These elements are crucial in ensuring that the agreement accurately reflects the intentions of the licensor and licensee, and that the rights and obligations of each party are clearly outlined.
Copyright Assignments
A copyright assignment is an important medium for transferring legal ownership of a from the initial holder, who may transfer all or a portion of their rights in the original work to a third-party. These rights include all those inherent to copyright ownership, including the rights to reproduce the work in copies or phonorecords, prepare ...
Copyright basics
A copyright is a form of protection provided by U.S. law to the authors of "original works of authorship" fixed in any tangible medium of expression. Learn more about the basics of copyrights.
Copyright Licensing Agreements: Essentials
When negotiating copyright licensing agreements, intellectual property owners often incorporate exclusivity clauses to grant specific rights to licensees while imposing limitations to safeguard their interests. ... Yes, copyright licenses can be transferred to another party, but assignment restrictions may apply. License succession enables the ...
Assignment And Licensing Of Copyright
An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee.
Free Copyright Assignment Template
This copyright assignment is between , an individual a(n) (the "Assignor") ... Selling or licensing. A copyright assignment agreement will formalize the transfer of rights and set out the conditions of the transaction if you choose to sell or license your copyright to a third party, such as a publishing house, record label, or production studio
Assignment of Copyright
The term "copyright assignment" describes the transfer of ownership or rights in a work that has been granted copyright from the original copyright holder (the "assignor") to a different party (the "assignee"). Through a legal procedure, the assignor gives up their ownership of the work and gives the assignee the only authority to ...
IP Assignment and Licensing
With IP assignement and IP licensing, IP owners can also use your IP rights to create additional revenue streams by selling them out, giving others a permission to use them, and establishing joint ventures or other collaboration agreements with others who have complementary assets. Expert tip: Assignment, license and franchising agreements are ...
Assignment And Licensing Of Copyrights
-The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment. Key takeaways. ... According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative. The assignment of a copyright in a work should identify the work ...
Difference Between Copyright Assignment and License
Overall, both assignment and licensing have advantages and disadvantages, and the choice between them relies on the specific goals and circumstances of the copyright owner, the assignee/licensee, and the public. Conclusion. In conclusion, the major difference between copyright assignment and licensing is the transfer of ownership and control.
Trademark Licensing and Assignment Agreements
In the context of trademark licensing, an assignment agreement is a vital document that transfers ownership of the licensed mark from one party to another. As a result, it is imperative to understand the assignment process and the key terms and provisions that govern this transaction. This section will outline the fundamental aspects of an ...
Difference between License and Assignment of Copyright
The term license means the consent of the owner of the copyright to do any act which is exclusive to him as the owner. It is the authorization of an act, which without such authorization would result to an infringement. License may be non-exclusive or exclusive and may be limited in the territory, time and scope.
What's the difference between Copyright and Licensing?
give permission to others to perform the acts above in respect of the copyright work. You've probably heard some of those terms in the context of copyright, or similar terms. They're some of the exclusive rights of the copyright owner: the rights which the copyright owner gets as a result of ownership of the copyright. Licenses
Term of Copyright and Assignment- Licensing (Sec 18-31)
The copyright assignment must identify the rights assigned as well as the duration and territorial scope of the assignment. The copyright assignment can be changed, extended, or cancelled on mutually agreed-upon terms. The assignment must include a significant payment amount paid to the author or his legal heirs during the copyright assignment.
Reviewing Copyright Licensing Contracts
Additionally, parties should carefully review the terms governing sublicensing, assignments, and termination to confirm they align with their business objectives. By carefully examining these key licensing provisions, parties can establish a well-structured agreement that balances their interests and promotes a successful collaboration ...

Assignment and Licensing of Copyrights under Copyrights Act

Introduction

Assignment of Copyrights : Section 18 of Copyrights Act

Mode of Assignment: Section 18 of Copyrights Act

Licensing of Copyright

Voluntary license: : Section 18 of Copyrights Act

Compulsory Licenses

Statutory Licenses

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Copyright Licenses and Assignments

Transfers in General

Implied Licenses

Termination of Transfers

Recordation of Transfers

The Difference Between Copyright Assignments and Licenses

Recordation Overview

Transfers of Copyright Ownership

Other Documents Pertaining to a Copyright

Notices of Termination

More Information about Recordation

Recordation Fee Calculator

Managing Rights

Consolidation of Rights

Benefits of consolidation

How to consolidate rights

Consolidation and UW copyright

Creators and consolidation

Matching license to goals

UW CoMotion

Public domain

"Open Source" software code

Enforcement

Registration and litigation

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Copyright transfer, assignment and licensing in the United States

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Additional information about this page

Assignment And Licensing Of Copyright

Introduction

Assignment of Copyright (Section 18)

Mode of Assignment (Section 19)

Disputes with Respect to Assignment of Copyright (Section 19a)

Assignment by Operation of Law (Section 20)

Licensing of Copyright

Voluntary license (Section 30)

Voluntary licenses can be:

Compulsory License

Works Withheld from Public

Compulsory License in Unpublished or Published Work (Section 31-A)

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Statutory License for Cover Versions (Section 31-C)

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

Intellectual Property

Free Copyright Assignment Template

Copyright assignment: How-to guide

What is a copyright assignment?

What are the types of copyright transfer?

What are the benefits of copyright assignment?

Monetization

Transfer of responsibility

Expanding reach

Legal protection

Collaboration opportunities

When do you need a copyright assignment?

Collaborative projects

Commissioned work

Selling or licensing

Safeguarding your legacy