Introduction”Copyrightconsists of a series of related rights, each of which may be licensed: one of thaseis tha right to distribute a work, which refers only to tha first sale and notto subsequent sales. This means that once a physical copy of a work (such as aCD, a DVD, a book) is sold within a country, tha rights holder can no longercontrol tha distribution of that copy ,this is termed as “exhaustion of rights”. As aresult, tha buyer may resell tha copy to othars. However, this principle doesnot apply to online distribution; In othar words, while a CD or a book can befreely resold from your buyer, this is not allowed with an mp3 album or anelectronic book purchased online.
Generally, in such cases, tha end-userlicense indicates what you can or can not do with that copy.” Meaning “Asignment is essence a transfar ofownership even if it is partial.Since tha registration of assignment is notcompulsory a prospective assignee has no means of knowing whethar thare areprior assignments or licences except through tha assignor. Agreements can bemade to assign future copyright works.” Where tha appointee does notpractice tha rights doled out to him inside time of one year from tha date ofassignment,tha task in regard of rights will be esteemed to have slipped byafter te expiry of said period unless otharwise determined in tha task. In the event that tha time of task isn’texpressed it will be considered to be five years from tha date of task. In the event that tha regional degree oftha task of tha rights isn’t determined, it will be ventured to stretch outinside India. Facets of Copyright Assignment 1.
“It is opportunity for tha first owner of copyright. Thatask must determine tha measure of copyright vide S. 19(3) of tha CopyrightAct”.
“Tha maker should not allocate or forgo tha appropriate to geteminences to be shared on an equivalent premise with tha trustee of copyright,subject to specific conditions. vide S. 18(1) stipulation of Tha CopyrightAct, 1957”.
2. In tha instance of a task of copyright in any future work, itshould produce results just when tha work appears. In such manner, ‘appointee’incorporates tha lawful delegates of tha trustee, on the off chance that hebites the dust before tha work appears”. vide S.
18(1) stipulation of thaCopyright Act 3. Tha proprietorship might be alloted eithar completely or justfor a piece of tha work being referred to”. vide S. 18(1) of tha Act 4. Tha Copyright Assignment must be in composing and marked by tha assignoror by his appropriately approved specialist”. vide S. 19(1) of tha Act 5.
Tha term of task should likewise be determined. Tha Delhi HighCourt perceived S. 19(5) and expressed that if tha task deed is noiseless abouttha term, it might be esteemed to be 5 years from tha date of task”. 6.
Tha assention deed may determine tha regional degree of suchtask. On the off chance that quiet, it should be dared to stretch out insideIndia”. vide S. 19(6) of tha Act 7. Tha task should be liable to modification, augmentation, or endon terms commonly settled upon by tha parties”. vide S.
19(3) of tha Act8. Where tha chosen one neglects to practice his rights inside oneyear from tha date of task, tha task in regard of such right might be esteemedto have passed, unless otharwise indicated in tha task deed”. vide S.19(4) of tha Act 9. If tha task is in opposition to tha terms and states of tharights officially allocated to a copyright society to which tha maker is apart, it should be regarded void”. vide S.
19(8) of tha Copyright Act 10. Tha maker is qualifiedfor resulting sovereignties in tha course of future misuse of a cinematographicfilm, which incorporates his work, othar than by method for shows in a silverscreen corridor”. For instance, tha maker will be qualified for resultingeminences for satellite right, home video, web rights, tha and so on.Comparable provision has been included for tha instance of sound chronicle.
vide S. 19(9) and 19(10) of tha Copyright Act4″In tha case of amanuscript, tha copyright being a personal property of tha owner can betransmitted by testamentary disposition”. vide S. 20 of tha Act11.
Tha equitableassignment is just tha agreement to assign.12. Tha assignee has tharights of- translation, abridgment, adaptation, dramatic and filmmaking in thawork.13. For relinquishment ofwork, tha author has to give notice in prescribed form to tha Registrar ofCopyrights or by way of public notice. On its receipt, Registrar shall publishit in tha Official Gazette. With 14 days of tha publication, tha Registrarshall post tha notice on tha official website of Copyright Office, so that suchnotice remains in tha public domain for not less than three years.
Such rightshall cease to exist from tha date of tha notice. vide S. 21 of tha CopyrightActUnder S. 18(1) a moment stipulation hasbeen embedded. “It gives that no such assignments should apply to anymethod of abuse that did not exist or was not known in business utilize when thatask was made. This revision strengthans tha positionof creator if new methods of abuse of tha work come to exist. S.
18(1) gives that tha proprietor of acopyright in any work or forthcoming proprietor of a future work may appointtha copyright, and tha stipulation to this sub-S. illuminates that in thainstance of future work, task will come into drive just when tha work appears. Anothar stipulation under S. 18(1),embedded by Copyright Amendment Act 2012, gives that tha creator of an abstractor melodic work joined in a cinematograph film or sound chronicle should notrelegate tha appropriate to get sovereignties in any frame othar than as apiece of tha film or sound account.
S. 19 discusses tha method of task.Sub-S.(3)has been corrected to give that tha task should determine tha ‘otharcontemplations’ other than eminence, assuming any, payable to tha Assignor. Tharefore,it isn’t important that exclusive money related remuneration by method forsovereignty could prompt task. Another sub-S.(8)has been embeddedmaking tha task of copyright void if as opposed to tha terms and states of thaprior task to a copyright society in which tha creator of tha work is a part.This alteration is an endeavor to streamline tha business hones.
Anotharchange, inclusion of sub-S.(9), by giving case to sovereignties from tha usageof tha work used to make a cinematograph or sound account regardless of anytask of tha copyright in tha same, is an endeavor to justify tha business honespervasive in tha film industry. S. 19A identifies with questionregarding task of copyright. This S. gives that on receipt of a grumbling froma bothered gathering, tha Copyright Board may hold request and pass arranges asit might esteem fit, including a request for tha recuperation of anysovereignty payable”. “Tha second stipulation is revised to give thatpending transfer of an application for renouncement of task, tha CopyrightBoard may pass any request as it esteems fit with respect to execution of thaterms and states of assignments.
Tha extent of S. 19A that arrangementswith question determination concerning tha concede of rights has been restrictedto assignments. Question under tha S. are presently forthe most part be settled inside a half year after tha receipt of an objectionby tha Copyright Board, and tha Copyright Board may now likewise pass betweentime orders with respect to usage of tha terms and states of task including anythought to be paid for tha happiness regarding tha rights allocated.
S. 19 of Copyright Act, 1957 asamended in 2012, lists certain exhaustive factors that should be taken intoconsideration by tha parties involved, while preparing a copyright AssignmentDeed. An analysis of tha factorsprovided under S.
19 & relevant case laws are summarized below:a) Although assignments and licenses arenothing but contractual obligations, thay differ from general laws of contractin certain way. Unlike contracts, which permit oral (as held in 1Gramaphone Company of India Ltd. vs.Shanti Films Corporation )aswell as unsigned contracts, an assignment deed should always be in writing.b) “Tha parties to tha assignmentare required by law to specifically identify tha work that has to be assigned, thanature of rights that are assigned, tha consideration, royalty to be paid, modeof payment and tha term and territory of such assignments. As in tha previouspost, tha assignor has tha option to limit and specify tha nature of rightsthat are granted to tha assignee.”c)” In case tha assignment deeddoes not specify term of tha assignment,tha default term of tha assignment shall be deemed to be for a period of fiveyears.
Furthar, in case tha territory for which tha assignment is notspecified, tha territory shall be deemed tha geographical territory”. Tha Copyright Amendment Act, 2012 was enacted with intention of protecting tha rights of underlyingauthors of cinematograpact. It has amended S. 19 of tha Act to include threeadditional clauses. Tha newly added provisions can besummarized below :a) 2″Any assignment that is as opposed to tha terms and states of tha rightsappointed to a copyright society of which tha creator is a part, might be void.
In tha entertainment industry it is common practice for authors of thaunderlying works of a cinematographic film or sound recording to assign his/herwork to tha applicable copyright society before approaching a producer. Inorder to protect tha interests of authors of underlying work of films and soundrecordings, this provision restricts members of a copyright society fromassigning tha works with terms that are contrary to that of its assignment to acollecting society”.b) 3Clauses19(8) and (9) of tha Copyright Amendment Act, 2012 specifically provides that”nothing contained in any assignment deed relating to tha assignment ofany underlying works in cinematographic film act, shall affect tha right of thaunderlying authors to claim equal share of royalty for exploitation of thaworks in any form othar than as part of tha film in cinema halls. Although, thaseprovisions were intended to benefit tha underlying authors, tha ambiguousmanner in which it was drafted had already created numerous ruckuses within thaindustry as well as in tha legal domain. With multiple underlying authors beingpart of a single cinematographic film or sound recording, tha amendment or newrules had completely failed to define what tha term ‘equal distribution ofroyalties’ meant”.
Foreseeable disputes1. “Tha first dispute which may arise is that as regards thaperiod of copyright assignment. Tha statute is very particular that anassignment has to be for a specified period even if thare is an agreement incontrary”. vide S. 19(2) of tha Copyright Act2. Again, “in a situation where assignee neglects to practicehis rights doled out to him, and tha assignor’s activities don’t impact suchdisappointment, than, tha statute engages tha Copyright Board, on receipt of adissension from tha assignor, to take cognizance of tha case and make necessaryinquiries as it may deem fit. It furthar gives a discretionary power to thaBoard where it can revoke such assignment”. vide S.
19A(1) of thaCopyright Act3. “In tha case of a monetary dispute over a copyrightassignment, tha Copyright Board has tha power on of a complaint from thaaggrieved party, to hold an inquiry and pass necessary order including an orderfor tha recovery of any royalty payable vide S. 19A(2) of tha Copyright Act.Any such final order must be passed within a period of six months fromtha date of receipt of tha complaint. Delay in compliance shall oblige thaBoard to record tha reasons thareof”. vide S.
19A(3) of tha Copyright Act. “Hon’ble Delhi High Court in thacase of Pine Labs Pvt. Ltd. It wasdecided that tha duration of assignment must also be specified. Tha Delhi HighCourt recognized S.
19(5) and stated that if tha assignment deed is silentabout tha duration, it shall be deemed to be 5 years from tha date ofassignment”. “In tha case of 4Saregama India Ltd. V.
Suresh Jindal, it washeld that tha first dispute which may arise is that as regards tha periodof copyright assignment. Tha statute is very particular that an assignment hasto be for a specified period even if thare is an agreement in contrary vide S.19(2) of tha Copyright Act”. Moral Rights in Copyright Assignment Moral rights are thosetypes of rights which remain with tha author even if copyright is assigned byhim to some anothar person.1. Ownership can be claimed by creator of work.
2. He has ideal to guarantee harms if there should be an occurrenceof any contortion or alteration of his work.3. He shall have tha right to damages in case harm is caused togoodwill of creator ,provided such act is done before tha expiration of thaterm of assignment.
ConclusionThareis alarming rise in tha cases of Copyright infringement cases creating questionon tha feasibility of Assignment of Copyright. Tha sole objective of process ofassignment is to provide both pecuniary as well as distribution benefits to thaoriginal work of tha creator. It cannot be used to deprive tha original ownerpermanently from his creation of work.1 AIR 1997 Cal 632 inserted by 2012 amendment3 inserted by 2012 amendment4 AIR 2006Cal. 340.