Assignment and Licensing of Copyrights under Copyrights Act
Assignment and Licensing of Copyrights under the Copyright Act
1. Assignment of Copyright
Assignment means the transfer of ownership of copyright or any of the rights therein from the original owner (assignor) to another person (assignee).
Nature: Transfer of ownership (whole or part) in a copyright.
Scope: Can be for the whole copyright or specific rights (e.g., reproduction, performance).
Duration and Territory: Can be for a specific period and territory.
Writing Requirement:
Under Section 19 of the Indian Copyright Act, assignment must be in writing and signed by the assignor.
If the work is unpublished, it can be assigned orally unless otherwise agreed.
Registration:
The assignee can apply for copyright registration in their name after assignment.
Rights Transferred:
The assignee becomes the new owner of the assigned rights and can enforce them.
Example: An author assigns publishing rights of a novel to a publisher for five years in India.
2. Licensing of Copyright
License means granting permission by the copyright owner to another party (licensee) to use certain rights without transferring ownership.
Nature: Permission to use copyright, not transfer of ownership.
Types:
Exclusive license: Only the licensee has the right to use the copyright in a particular way; even the owner cannot use it.
Non-exclusive license: The owner can grant licenses to multiple users and also use the work themselves.
Writing Requirement:
Under Section 30 of the Indian Copyright Act, exclusive licenses must be in writing and signed by the owner.
Non-exclusive licenses can be oral or written.
Rights Covered:
Can cover all or specific rights like reproduction, public performance, broadcasting, etc.
Duration and Territory:
Can be limited to specific duration, geography, or usage.
Example: A musician licenses a song to a radio station for broadcast only, but retains other rights.
Key Differences: Assignment vs Licensing
| Feature | Assignment | Licensing |
|---|---|---|
| Transfer of ownership | Yes | No |
| Duration | Specified in the assignment | Specified in the license |
| Exclusive rights | All or part transferred to assignee | Exclusive or non-exclusive rights granted |
| Written agreement | Mandatory for assignment | Mandatory only for exclusive license |
| Registration | Assignee can register the work | Licensee cannot register the work |
Why Important?
Assignment lets the owner permanently or temporarily transfer ownership and monetize copyrights.
Licensing allows the owner to control and monetize usage while retaining ownership.
Both help creators and businesses in commercial exploitation of copyrighted works.
Do write to us if you need any further assistance.
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