Copyright Assignment

Package

Drafting and filings for copyright assignment. Exclusive pricing for filings done through FilingRabbit. Inclusive of government fee & taxes

₹ 10000.00/-

Drafting and Filing of copyright assignment for filings NOT done through FlingRabbit. Inclusive of government fee & taxes.

₹ 12000.00/-

Copyright Assignment

WHAT IS ASSIGNMENT OF COPYRIGHT?

Copyright is an intellectual property right, and it allows the author to enjoy both commercial and moral rights over an original work. An author has the exclusive right over the work and can use it for economical benefits in any legally permitted way.

One of the ways of drawing commercial benefits from a work is by sharing the work with the others through a third party. This can be done by the means of assignment of the rights or by licensing the work.

According to the Indian laws, an author has the power to assign the copyrighted work to any other natural person. In this way, the assignee gets all the rights related to the copyright work, but the ownership of the work remains with the author. The assignee would be considered the owner of the work only with respect to the rights assigned through the agreement. With respect to the un-assigned rights, the author of the work shall remain the owner.

What are the Modes of Assignment?

The assignment of copyright is legally valid and binding only if it is written in an agreement and is duly signed by the concerned parties. It is pertinent that the agreement contains all the particulars related to the assignment, such as the specific rights, the royalties, the term, etc.

  • The assignee can only exploit the rights given to them explicitly in the agreement. Therefore, it is of the utmost importance that the agreement is drafted very carefully and involves the exact rights which are being assigned.
  • The agreement must highlight the term for which such assignment would be in effect. If no such term has been provided, it will be considered to be five years from the date of assignment.
  • The agreement should specify the territorial extent of the effect of assignment.
  • One of the most important clauses must be related to the payment of the royalties to the assignor.
  • It should be mentioned if the assignment would continue to stay in effect for the legal heirs of the assignor, and the terms related to revision, extension and termination must be mutually agreed upon.

What are the Disputes related to Copyright Assignment?

The disputes related to copyright assignment are presided over by the IPAB. The Appellate Board has the power to revoke the assignment if it turns out that the assignee has failed to fulfill the terms of the agreement and make good against the rights assigned. The Appellate Board might also, after conducting the inquiry, pass an order for the recovery of royalties against the assignee.

What is the process of drafting a will?
Step 1

Select Package

Select packages as per your choice and fill out the forms

Step 2

Comprehensive Agreement

(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.

Step 3

revision of Agreement

(2-3 working days) We Will provide you with a copy of the agreement for you to revise.

Step 4

Redrafting (if required)

(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.

Step 5

Final Submission

(2-3 working days) We Will do the final submission of soft/hard copies to you.

WHAT IS LICENSING OF COPYRIGHT?

The copyright owner has the right to grant license to another person with respect to the work. A license is different from assignment as it grants exclusive right to the licensee to exploit only those rights which have been licensed. Complete ownership lies with the licensor. There are multiple kinds of licenses which are legally binding in India – 

  • Voluntary License: The copyright owner may, in writing, grant license with respect to existing work(s) or future work(s). The license is granted through assignment deed with required adaptations and modifications as per the copyright law. The license, therefore, contains all the particulars like that in an assignment agreement. This license must be duly signed by both the parties.
  • Compulsory License: Since India is a part of the Berne Convention, the compulsory licensing provision has been incorporated in the copyright laws in India. Certain circumstances where this provision comes into play are as follows- 

    1. If a complaint is made to the Appellate Board with respect to the works which have been published/performed in the public, the Board has the power to grant a compulsory license. A condition precedent to this is that the person making the complaint must have asked and been refused by the owner of the work, to broadcast the said work.
    2. If there is an orphan work (with the author being dead or unknown), a person may apply for a publishing license for any such published/unpublished work or its translation. The applicant of the license should file an application with the Copyright Board with prescribed fees and forms. The Registrar decides upon the terms of the license and the payment of the royalties.
  •  Statutory License: A person can file for statutory license of any work with the Copyright Board. This license comes into effect if the licensee is making a cover of a sound recording or is broadcasting literary and musical works.
  • In such cases, the licensee must inform the owner of the intention to cover the sound recording and the Board shall fix the terms for payment of royalties.
    For a license to broadcast, the licensee must give a notice to the owner of the work providing the duration and the territorial coverage of the said broadcast. Corresponding royalties must be paid to the owners. The rates of broadcast are fixed by the Copyright Board.

WHAT IS THE PROCEDURE OF COPYRIGHT LICENSING/ASSIGNMENT?

  • The parties enter into an agreement, called the Copyright Licensing/Assignment Agreement.
  • This agreement must be duly agreed upon and executed before an application regarding it is filed with the Copyright Office.
  • The application to record the transfer of rights is filed using Form-XV, along with submitting the prescribed fee.
  • There should be a proper affidavit which should be filed along the deed.

WHAT ARE THE DOCUMENTS REQUIRED FOR TRANSFER OF COPYRIGHT OWNERSHIP THROUGH LICENSE/ASSIGNMENT?

  • Original Power of Attorney (POA). [If Applicable]
  • Affidavit to the effect that ‘No Case’ is/are pending in any court of law relating to RoC in Question; 
  • Notarized Copy of Assignment Deeds of Licence, in case the proposed changes are consequential on assignment of Licences copyright;
  • Notarized copy of Assignment Deed/Partnership Deed/Dissolution Deed/Certificate of Incorporation etc; 
  • Copy of Extract of RoC.

What is the process of drafting a will?
Step 1

Select Package

Select packages as per your choice and fill out the forms

Step 2

Comprehensive Agreement

(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.

Step 3

revision of Agreement

(2-3 working days) We Will provide you with a copy of the agreement for you to revise.

Step 4

Redrafting (if required)

(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.

Step 5

Final Submission

(2-3 working days) We Will do the final submission of soft/hard copies to you.

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