copyright assignment agreement template india

Deed for Assignment of Copyright

THIS DEED OF ASSIGNMENT is made at ________ this _________ day of __________ between Mr. A residing at __________ hereinafter referred to as the Author of the One Part and Mr. B carrying on business at ________ hereinafter referred to as the Publisher of the Other Part.

1.      The Author has written a book entitled ___________ (hereinafter called "the said book") and desires to publish the same.

2.      The author is the absolute owner of the copyright in the book. The copyright is registered with the Registrar of Copyrights in ____________.

3.      The publisher's representative has scrutinized in detail and to his satisfaction the manuscript of the book and has offered to purchase the copyright in the said book for the purpose of publication.

4.      The Author has agreed to do so in consideration of the Publisher paying him a sum of Rs_________ as lump sum royalty and on the following terms and conditions agreed to between the parties.

NOW THIS DEED WITHNESSETH that pursuant to the said agreement and in consideration of the Publisher paying to the Author a sum of Rs_________ on the execution of the Agreement (receipt whereof the author admits) he the Author hereby assigns to the Publisher the Copyright in the said book TO HOLD the same unto the Publisher absolutely throughout India and subject to reservations hereinafter contained:

1.      And the Publisher agrees and undertakes that the said assignment is restricted to publish the said book in India only and the Publisher shall not without the prior consent in writing of the author, publish any translation thereof in any other language and shall not allow it to be exploited for converting into a play or any cinematographic film or any Television serial.

2.      The Publisher undertakes to mention in the first edition, all reprints and subsequent editions the name of the author as author of the book.

3.      The Author hereby warrants to the Publisher that:

a.      The Author is the exclusive owner of the copy right in the said book and he has not assigned the Copyright in or given license to use the copy right to anybody else or encumbered the same or done anything so as to prevent him from assigning the said right.

b.     That the said book does not contain any defamatory obscene or otherwise objectionable matter; and

c.      That the contents of the current edition of the said book are the original work of the author and do not constitute breach of copyright vesting in any other person/s. Where limited extracts have been taken from other published or unpublished works in which copyright vests in other person/s proper acknowledgement has been made in the book.

d.     That if the publisher requires any other person/s to assist the author in preparing subsequent editions of the book the names of those persons will also be mentioned as joint author/s of the book. And the author will do and execute such other acts or deeds, if required, to confer entire copyright in the said book and as hereby assigned as may be necessary.

e.      That he will not publish either himself or through any other publisher an abridgment of the said book or any other book on the same subject and which would be competing with the book or get it published by any other person so long as the said book which is the subject matter of the present is being published by the Publisher and sold in the market.

f.      That the publisher shall have the right to get the second and subsequent editions of the book prepared by either the author or any other person of the publisher's choice. If the publisher requires the author to prepare the second or any subsequent edition, the author undertakes that he will re-edit the said book at the time of publishing second edition thereof and to make it up to date when required by the Publisher. In case of authors failure to do so, the Publisher will be entitled to get the book re-edited, enlarged or abridged through some other author of the publisher's choice. For the said re-editing, the publisher will pay to the author the sum of Rs. __________/-. the author shall complete the re-editing within _________ months of being asked to do so by the publisher.

4.      And the Author hereby agrees to:

a.      Indemnify and keep indemnified the Publisher against all claims, proceedings, costs and damages incurred or suffered or awarded or paid in respect of or arising out of any breach or non performance of any of the warranties on the part of the Author hereinbefore given or out of any claim by a third party based on facts, which if substantiated would constitute a breach or non-performance of such warranties.

b.     The publisher shall have full right to assign the said copyright to publish the book in any part of India, to any person.

5.      Permit the Author to take ___________ copies of the book on publication free of cost.

6.      In the event of any dispute or difference between the parties hereto arising out of or in connection with this deed of whatsoever nature the same shall be referred to arbitration of a common arbitrator if agreed upon, failing which to two Arbitrators one to be appointed by each party to the Arbitration. The said Arbitrators shall appoint a presiding Arbitrator and the Arbitration shall be governed by the Arbitration Act and Conciliation Act, 1996, or any statutory modification thereof.

IN WITNESS WHEREOF the Assignor has put his hand the day and year hereinabove written.

Signed and delivered by the)

Within named Assignor Mr. A)

In the presence of........)

Copyright Agreement Sample in India

Copyrights are an essential legal tool for protecting intellectual property, ensuring that creators receive due recognition and compensation for their work.

In India, understanding copyright agreements is crucial for creators, authors, artists, and businesses alike.

This guide will center around a copyright agreement sample in India, providing insights, guidance, and answers to frequently asked questions.

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Copyright assignment agreement.

A Copyright Assignment Agreement, hereinafter referred to as the “Assignment Agreement,” serves as a legally binding document facilitating the transfer of ownership of a copyrighted work from the original creator or owner, known as the “Assignor,” to another individual or entity, known as the “Assignee.”

In accordance with the Copyright Act of 1957 , the assignment of copyright must be executed through a written assignment deed.

This applies to both registered and unregistered copyrights, allowing for the transfer of these rights to a third party.

It’s essential to distinguish an Assignment Agreement from a License Agreement.

Under an Assignment Agreement, the Assignor relinquishes all or a significant portion of their copyright rights in exchange for a predetermined amount or consideration, often forfeiting the right to use the copyright themselves.

In contrast, a licence agreement entails the rights owner granting permission to another party to use the copyright in a specific manner for a defined time period.

In such instances, a license agreement should be employed instead.

Types of Assignment within the Agreement

Within the Assignment Agreement, there are two distinct types of assignments:

(1) Assignment with Goodwill

In this type of assignment, the Assignor transfers complete ownership rights and all associated values linked to the copyright to the Assignee.

Once this Agreement is executed, the Assignor relinquishes the privilege to use any works connected to the copyright.

For example, let’s take XYZ Inc., the proprietor of several copyrighted creations under the “Nature’s Legacy Productions” banner.

Should the copyright be transferred with goodwill, all works associated with Nature’s Legacy Productions will now belong exclusively to the Assignee.

(2) Assignment without Goodwill

Under this category of assignment, the copyright related to a specific work is transferred to the Assignee.

However, the Assignor retains the right to use and assign works that are not included in this Agreement to the Assignee.

For instance, consider LMN Corporation, a publishing firm known for releasing books under the “Eco Insights Press” brand. If LMN Corporation assigns a book titled “Wildlife Wonders,” the Assignee acquires sole ownership of that particular work while retaining no rights to use other works published under the Eco Insights Press label.

Key Component of Assignment Agreement

This Agreement encompasses the following significant provisions:

1. Parties: This section specifies the type and particulars of the parties involved, namely the Assignor and Assignee. Parties may include individuals, companies, partnerships, LLPs, and other relevant entities.

2. Explanation of Copyright: Within this Agreement, details regarding the copyright in question can be delineated. If necessary, a comprehensive description may be included in Schedule A, an attached addendum to the Agreement.

3. Assignment of Copyright: This clause defines the scope and nature of the copyright assignment and specifies whether the assignment is made with or without goodwill.

4. Consideration: The Consideration section outlines the methodology for calculating the payment to be made by the Assignee. It also specifies the payment terms to the Assignor and clarifies the responsibility for bearing any Goods and Services Tax (GST) related to the transaction.

Furthermore, this clause discusses the consequences of delayed payment by the Assignee.

5. Warranties: Both the Assignor and Assignee provide warranties or assurances in this section. These warranties encompass their capacity to enter into the Agreement, ownership of the copyright, adherence to the Agreement’s terms, and compliance with relevant laws. If necessary, supplementary warranties can be incorporated within this clause.

6. Confidentiality: This provision establishes an agreement between the parties not to disclose confidential information, including trade secrets, proprietary knowledge, and strategic plans, to any third parties.

If necessary, the parties can execute a different and thorough non-disclosure agreement.

After all the necessary information has been entered, this Agreement can be produced on non-judicial stamp paper with the value that the state where this Contract is executed requires.

Note: The Agreement must then be signed in the presence of two impartial witnesses who are not parties to this Agreement.

Alternatively, it may be notarised by a notary public situated in the same location where this Agreement is executed. Both options—witnesses and notarisation—are valid methods of authentication.

What is a Copyright License Agreement?

A copyright license agreement is a legal contract that grants permission from the copyright owner, known as the “licensor,” to another party, known as the “licensee,” to use, distribute, reproduce, or otherwise utilise a copyrighted work under specific terms and conditions.

This agreement outlines the rights and limitations of the licensee in relation to the copyrighted material.

Suggested Reading: Contract of service and contract for service in Copyright

License Agreement Terms: Copyright Agreement Sample In India

The parties mutually agree to adhere to the following terms:

I. Grant of License

This section of the agreement addresses the specific terms and conditions regarding the granting of a license. It defines the rights and permissions granted to the licensee by the licensor.

The owner possesses the rights to the property to be licensed (“Property”).

Based on this agreement, the copyright owner is granting the licensee a non-exclusive license to use or sell the property, as outlined.

It is important to note that the sole owner retains the title and ownership of the Property.

The user shall own any works created in connection with this license.

II. Scope and Limitations

Under this section, the agreement outlines the scope of the license and any limitations or restrictions imposed on the licensee’s use of the licensed material.

It defines the boundaries within which the license is applicable and the extent of usage rights granted.

III. RIGHTS AND OBLIGATIONS

User shall be the exclusive owner of the Work and all proprietary rights related to the Work.

However, it is essential to clarify that this ownership does not extend to the copyright of the Property or any other rights to the Property not explicitly granted within this Agreement.

1. Moral Rights:

This Agreement upholds the Owner’s moral rights concerning the Property. Consequently, the Owner possesses the unequivocal right to take legal action to safeguard their reputation and good name in the event of defamation or unauthorised alterations to the Property.

The Owner may claim moral rights infringement and seek remedies in cases such as:

• A list of circumstances that can be considered as infringements on moral rights includes instances where an environmental activist creates artwork with ecological themes and takes legal action if the User displays the work at a logging conference.

2. Possible remedies and legal actions that the Owner may pursue include:

• [List of potential remedies and causes of actions, such as financial compensation, the surrender of infringing materials (requiring the User to relinquish unauthorised material), and injunctions (court-issued orders to prohibit specific actions).]

III. Royalty Payment

This part of the agreement details the provisions related to royalty payments, including the calculation method, payment frequency, and any consequences for delayed payments.

V. Modifications

The Property cannot be modified or altered without obtaining prior written approval from the owner.

Additionally, the Licensed Property must not be used by the Licensee for any illegal or forbidden purposes as outlined in the terms of the copyright licencing agreement.

VI. Default on Agreement

In the event that the User fails to fulfill the obligations outlined in this Agreement, including the duty to make timely royalty payments, the Owner reserves the right to terminate this Agreement.

Termination shall be effected by providing written notice to the User, with a grace period of [number] days.

Users may rectify the default and prevent the termination of this Agreement if corrective action is taken within the stipulated time frame mentioned in the preceding sentence.

It is important to note that no further defaults should occur during this period, as the Owner retains the right to cancel this Agreement, notwithstanding previous corrective measures.

VII. Warranties

Neither party provides any warranties regarding the use, sale, or any other transfer of the Property by the other party or by any third party.

The User accepts the product “AS IS.” Under no circumstances shall the Owner be held liable for direct, indirect, special, incidental, or consequential damages that have any connection to the Property.

VIII. Transfer of Rights

Both parties are required to obtain written consent from each other before transferring their interests in this Agreement to any other party.

IX. Indemnification

Each party commits to indemnify and safeguard the other against any losses, claims, damages, awards, penalties, or injuries incurred by third parties, including reasonable attorney’s fees, arising from an alleged breach of the indemnifying party’s representations and warranties made under this Agreement.

However, this indemnification is subject to the condition that the indemnifying party is promptly notified of such claims.

The party responsible for indemnification has the sole right to defend the claims at their own cost.

The party responsible for indemnification may ask for help from the other party in investigating and defending the claims, with the expenses being paid by the party responsible for indemnification.

Importantly, this indemnity clause shall remain in effect even after the termination of this Agreement.

X. Amendment

Modifications or amendments to this Agreement are only valid if they are written and signed by both parties involved.

XI. Termination

This Agreement may be brought to a close by either party through the submission of a written notice with a notice period of [number] days.

Additionally, the Agreement will automatically terminate on the specified Termination Date.

Upon termination or expiration of this Agreement, the Licensee User shall promptly cease all activities related to the reproduction, advertising, marketing, and distribution of the Work, taking commercially feasible steps to do so.

The Licensee has the right to complete any current orders and sell any remaining copies of the Work that are currently in stock.

The rightful owner has the right to verify the existence and authenticity of current demands and remaining copies of the work with sufficient notice given to the licensee.

It is important to emphasise that the termination or expiration of this Agreement does not absolve either the Licensee or the Copyright Owner of their respective obligations as stipulated in this Agreement.

This includes, but is not limited to, the ongoing responsibility to make royalty payments, as specified in the Agreement, even after the termination or expiration date

XII. Severability

If, for any reason, a court finds any provision of this Agreement to be invalid or unenforceable, such a finding shall not affect the validity and enforceability of the remaining provisions.

In the event that a court determines a provision to be invalid or unenforceable but identifies a means to make it valid or enforceable by placing limitations on it, that provision shall be construed and enforced in its modified form.

XIII. Entire Agreement

This Agreement serves as the comprehensive understanding between the involved parties, and it encompasses all aspects of their agreement.

There are no additional promises or conditions in any other agreements, whether they are conveyed orally or in written form.

It is explicitly stated that this Agreement supersedes any and all prior written or oral agreements that may have existed between the parties.

XIV. Arbitration

In cases where disputes arise under this Agreement and cannot be resolved through mutual consent, both the Owner and the User agree to submit such disputes to arbitration.

The arbitration process will adhere to the rules and regulations set forth in your jurisdiction.

Initiating arbitration will require either the Owner or the User to provide written notice, with a notice period of [number] days, to the other party. All costs associated with arbitration shall be shared equally between the Owner and the User.

The arbitrator’s decisions and awards will be deemed as conclusive and obligatory for both sides, and a court of law in the applicable jurisdiction can enforce them.

The copyright agreement sample in India provides a clear framework for safeguarding intellectual property rights, whether it pertains to music albums, art work assignment agreement, or license agreements.

This agreement, effective from the moment of execution, offers a structured approach to defining copyright ownership and the period of time during which these rights are assigned.

Both parties, the current owner and the licensee, are guided by the terms and conditions laid out in their fresh agreement.

It not only ensures the payment of royalties and consideration but also serves as evidence of ownership and a notice of termination should the need arise.

With such comprehensive agreements in place, individuals and businesses can confidently engage in copyright execution services, knowing that their rights and obligations are well-defined and protected throughout the assignment period.

Ultimately, these agreements empower creators and users alike, fostering a balanced and legally sound approach to copyright ownership and licensing

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What is a copyright agreement sample in India?

A copyright agreement sample in India is a legally binding document that outlines the terms and conditions governing the transfer or licensing of intellectual property rights, such as music albums or artwork.

How long is a copyright agreement effective in India?

The duration of a copyright agreement can vary but is typically defined within the agreement itself. It may specify a limited period, after which the rights revert to the original owner.

Can a copyright owner terminate the agreement during its term?

Yes, the copyright owner may have the option to terminate the agreement if certain conditions or violations occur, as outlined in the agreement terms.

How do I make a copyright agreement?

To create a copyright agreement, you can start by outlining the terms and conditions that both parties (copyright owner and recipient) agree upon. It’s advisable to consult with legal experts to ensure the agreement adheres to relevant laws and regulations.

How do you write an agreement format?

Writing an agreement format involves clearly defining the terms, rights, obligations, and responsibilities of both parties.

It should include details about the copyrighted material, the duration of the agreement, payment terms, and dispute resolution mechanisms.

Consulting legal professionals is recommended for creating a comprehensive and legally sound format.

What is open source licensing?

Open Source licensing is a legal framework that allows software code to be developed and shared openly under specific agreements.

These agreements mandate that anyone using the code for further software development must keep the resulting work open for others to use and enhance.

This promotes collaboration and the free exchange of software innovations within the community.

Further Reading

• Copyright License Agreement India
• Copyright Terms and Conditions Sample
• Contract of Service and Contract for Service in Copyright
• Exclusive Copyright License
• Copyright Agreement Between Author and Publisher
• Facts About Copyright Infringement
• Innocent Copyright Infringement
• Copyright Transfer Agreement: Explained
• Copyright Infringement Notice in India

About the Author

Manish jindal.

Manish Jindal is a Co-Founder and COO of Bytescare, with expertise in investment banking and a CFA Charterholder. He actively advises startups, offering guidance in fundraising, team setup, and growth strategies.

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How to draft a copyright assignment

This article is written by Bushra Asif, pursuing a  Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution  from  Lawsikho.com .

According to World Intellectual Property Organisation (WIPO), Intellectual property is a global overall term defining creations of the mind – in other words, ‘things’ that people create from their personal imagination: a story, a wood carving, a song, a dance routine, or an invention. The collection of intellectual property laws, i.e. patent, trademark, and copyright law, are the commercial and legal frameworks that have been built around these creations. 

In this article I will try and make it easy to understand what are Copyrights? What all rights are with the author of a book? What rights can be transferred to the publisher? And, lastly how to best draft a Copyright Assignment clause?

“ Just write every day of your life. Read intensely. Then see what happens. Most of my friends who are put on that diet have very pleasant careers .” ~ Ray Bradbury

It is true that there are many writers now than ever before – maybe due to a plethora of resources present to take inspiration from, to enhance their specific career, for financial gains, to share a story, to influence the world or just to remain sane and release stress.

However, WRITERS BEWARE!!!

There are a host of novice writers who are duped into giving up more of their rights than required. Once the Agreement gets signed there is little they can do about it. 

I was working in a Law Firm and I remember a distressed publisher had approached us, his complaint was that he had paid a writer to create some work for him. There was a trail of emails that could be traced in which it could be seen that the publisher had paid a reasonable sum to the writer for his writings which the publisher was then entitled to sell. Sometime after the creation of works when the publisher started selling them, the writer contacted the publisher that he was not happy for him selling his work and wanted to reclaim the rights to the written works thus prohibiting the publisher to sell works thereafter. Although the publisher had paid the fee for the written works the writer was well within their rights to claim copyright for the works. If a proper copyright assignment agreement had been in place this writer would not have been able to claim back his rights. A proper assignment Agreement signed can eliminate such conflicting scenarios. 

Table of Contents

What are Copyrights?

Copyright is a type of intellectual property – res incorporalis – which means it has no tangible existence but carries a proprietary right for its creator. The creative work may be in a literary, artistic, educational, or musical form. For example, a novel, a photograph, a movie, lyrics to a song, a painting etc. Authors do not have to file for copyrights, they get it as soon as they put pen to paper. However, getting it registered gives an extra protection to the author as the author is thereby promulgating his/her ownership.

It is governed by Copyright Law (every country has their own IP Law) which gives the author or creator of a work a diverse bundle of exclusive rights over his/her work for a limited but lengthy period of time. By virtue of these rights the author controls how they may be used and what financial benefit he/she may garner from it, i.e. royalties. The purpose of creating Copyright was to protect the rights of the creators to prevent their work from reproduction, dissemination, display, misuse and generating profit from their work. Infringement of these rights for profit is a legal offense.

What rights does the author of the book have?

• To translate, adapt or reproduce the work created

E.g., make physical or digital copies of the work, convert it into a movie or get it translated in another language.

• To prepare derivative works from it 

E.g., prepare a subsequent article, chapter, or sequel that builds upon their original work.

• To distribute copies of the work

E.g., distribute physical or digital copies of the work created.

• To perform the work publicly 

E.g., publicize the work or s​​how/make videos of it

• To publicly display the work

E.g., show photos, exhibits, excerpts from the work in public/ for public

• To broadcast work

E.g., for those working with sound recordings, to digitally transmit your work (broadcast online, etc.)

When a copyright owner contracts with another party to permit use of their rights, the owner can give away one, some, none, or all of their rights. He or she can transfer or license the rights. He or she can enter into an exclusive or non-exclusive, irrevocable or revocable license. Or, he can give up all his rights over it by assigning his rights to the assignee. 

What rights can be transferred to the publisher?

Most authors of literary works are required to sign an agreement with their publisher as a condition before publication.  It is always prudent to go through these agreements carefully as they will be legally binding and dictate what you can and cannot do with your literature. The author should be able to negotiate with the publisher if he wants to retain some or all of the copyrights associated with the work.

The “bundle of rights” as stated above give copyright owners control over each of the rights either individually or as a group. If the authors are aware of their rights they will be in a better negotiating position with a publisher and will be able to protect their rights.

There are two ways an author can transfer rights to the publisher, either wholly without retaining anything generally known as “ assignment ”, or partially known as “ licensing ”.

A befitting analogy for licensing or assigning was given by Intellectual Property Office UK – “ Just as with real property, you could choose to let your house to a lodger or tenant whilst retaining the freehold, or you could choose to sell your house outright and assign your proprietary rights to the purchaser – so too with copyright .” 

How to best draft a Copyright Assignment – from the writer to the publisher?

Of course, when an Author writes a book or any literary work it is usually meant to be shared with the world not so that it may sit on a shelf forever. For this the author will require to engage a publisher to publish his/her manuscript. Authors and publishers will generally have a publishing agreement.

Publishers will have different types of agreements depending upon the kind of work that is going to be published, e.g – it could be a book, chapter, journal article or conference paper. Some publishers might not use publishing agreements, usually in case when they only have the right to print and publish the work for the purpose it was submitted. 

License v. Transfer (or Assignment) of copyrights

An excerpt from a publisher’s agreement assignment clause reads,

“Author hereby  grants and assigns  to XYZ Publisher the  exclusive ,  sole, permanent ,  world-wide, transferable, sub-licensable and unlimited right to reproduce, publish, distribute, transmit, make available or otherwise communicate to the public, translate, publicly perform, archive, store, lease or lend and sell the Work or parts thereof individually or togtheer with other works in any language, in all revisions and versions (including soft cover, book club and collected editions, anthologies, advance printing, reprints or print to order, microfilm editions, audiograms and videograms), in all forms and media of expression including in electronic form (including offline and online use, push or pull technologies, use in databases and data networks(e.g. the Internet) for display, print and storing on any and all stationary or portable end-user devices, e.g. text readers, audio, video or interactive devices, and for use in multimedia or interactive versions as well as for the display or transmission of the works or parts thereof in data networks or search engines, and posting the Work on social media accounts closely related to the Work), in whole, in part or in abridged form, in each case as now known or developed in the future, including the right to grant further time-limited or permanent rights.”

If you managed to read through the above tedious sentence, you will realise that an author after signing this, as present in a publisher’s agreement, would have actually transferred all of his/her copyrights FOREVER (life of author plus 70 years) to the publisher. 

The preferrable way would be to ask the publisher to revise the clause so that the rights are transferred to the publisher for a limited time ONLY.  For example, the revised statement might read,  “Author hereby grants and licenses to Publisher for a period of (1-5) years, the exclusive, sole, right to….”

The EXCLUSIVE LICENSE is temporary! During that term the publisher is allowed to make profit from the work.  After the expiry of the term, the author can continue a  NON -EXCLUSIVE license for as long as the copyright’s duration or however long he/she may wish, but at all times, the author will retain the copyright in the works.

In  Saregama India Ltd v. Suresh Jindal , it was held that according to the provisions of the Copyrights Act, 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. If an assignment is made to the assignee then he is treated as the owner of that copyright.

Assignment of Copyrights

The owner of a copyright (i.e. the creator) can legally transfer the ownership of the copyright to any third party. It is important to understand that by assignment the author is assigning all his rights in his/her work to the publisher. Once the agreement is signed the ownership of the work gets transferred to the publisher and thereafter the author will have to take permission from the publisher if he wants to use the transferred work in any way, e.g.- to create a derivate work, to get it translated, to use the text out of it for some commercial purpose etc. 

Now, why would anyone do that? Why would they give up ALL their rights over something that they created solely?

The answers vary but generally the authors avail this option due to the fact that the publishers are much more established than them, with a wider reach, with greater resources thus they can distribute and make use of that particular piece of work in a much larger context than the author could do by himself/herself. The downside is that the author only receives a cut in the form of royalty from the publisher whilst losing all rights over their work. Moreover, unless the Agreement states otherwise the assignment is usually permanent. In some circumstances the publisher might agree to give certain rights back to the author.

What are the important points to include in the assignment agreement of a copyright:

• The date the agreement is made.
• Name of author and the person receiving the copyright.
• Details regarding the fact that the author wishes to assign his/her rights in the work to the assignee for the stated fee (in written monetary terms). 
• The assignment consideration.
• When exactly the assignment will be effective, i.e- when will the ownership pass.
• What all is included in the assignment, i.e – whole or partial. Will the author be losing all rights to the written works/intellectual property, including their rights to royalties.
• Must be in writing and signed.
• Representations & Warranties of both parties.
• Further assurances, which include that the author will cooperate with the assignee and execute/ and/or sign any relevant or further document as and when required needed to fulfil the pertinent formalities involved.
• Duration/ territorial extent of assignment.
• Moral Rights shall stay with the author even after assignment.
• Governing Law.

Jaypee Brothers Medical v. Dr. Ramya Raghu & others : Issue was with respect to assignment of copyright. The contention was that the plaintiff (publisher) claimed that there was an assignment of copyright, the defendant (author) on the other hand stated that there was no assignment of copyright as there was no consideration. Court, after examining the terms of the agreement, decided that this was not a case of assignment of copyright. The agreement did not describe the plaintiff as assignee. The language was construed as making it only a standard contract of assignment of the right to publish the work and not assignment of the entire copyright work. 

The decision in this case depicts the significance of negotiating clauses while drafting agreements. The clause relating to assignment in this case only said ‘transfer of rights to publish the work’ and not ‘transfer of copyright’. Due to this ambiguity arose in the mind of one party. But the court ruled in favour of defendants. As authors, they had no intention of assigning the copyright. Hence, the plaintiff could not restrain the defendants in the capacity of an assignee. 

However, where there is ambiguity in the agreement, it was held in Hole v. Bradbury , that in the agreements between authors and publishers of theatrical products, it is, often difficult to distinguish between sole and exclusive licence and an assignment of copyright. Court held that where there is no express term as to the copyright contained in the publisher’s agreement, if consideration is paid to the author by way of royalties or a share of the profits instead of a sum of money paid down, the inference is that the copyright is not assigned but that a sole and exclusive licence is conferred upon the publisher. 

Though the laws are clear and caselaw also tell us what needs to be done when a clear assignment is to be made from an author to the publisher. However, problems still arise and mostly due to a weakly drafted assignment agreement which leaves gaping loopholes that accommodate conflicts and parties have to resort to lengthy litigations to get their rights. 

Therefore, before an author gets into an agreement with a publisher he/she must know what all rights they are giving up and for them are they being adequately compensated.

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Assignment of Copyrights in India

Section 18 of the Copyright Act discusses “assignment of copyright.” The owner of the copyright in an existing work or the prospective owner of future work has the right to assign to any person the copyright of that work. Since copyright per se is a bundle of rights, assignment of copyright could be:

• Whole or partial,
• Subject to certain conditions/limitations,
• For the whole term of the copyright or any part thereof.

If the work is not yet in existence at the time of assignment (future work), the assignment shall take effect only when the work comes into existence.

Essentials of a Copyright Assignment agreement in India

An assignment agreement shall have the following essentials:

• It shall be made in writing and identify the work assigned.
• It shall specify the scope of rights assigned and consideration.
• It shall mention the duration and territorial extent of such assignment.

It is sufficient if the assignment is made in writing bearing the signature of the author or their authorised agent. Furthermore, in case where the duration of the assignment is not mentioned, as per law, it is deemed to be five years from the date of the assignment and in the case where the territorial extent of such assignment is not mentioned, as per law, it is presumed to extend within India. The assignment shall be exercised within one year from the date of assignment failing which the rights so assigned shall be deemed to have lapsed.

Recordal of Assignment of Copyrights in India with Registrar of Copyrights

An assignment can be carried out prior to filing the copyright application or even registered copyright can be assigned. This is to be done only if the author/creator of the work is not filing the application and it is being done by a third-party who is now the owner of the work. The formalities in the event of the former have already been dealt with under “ Application for Registration of Copyright .”

In case of the latter where the assignment is subsequent to registration, a request under Form XV (registration of changes in particulars of copyright) has to be filed with the following documents as attachments:

• Notarized copy of the Assignment Deed.
• An affidavit to the effect, attesting that there is no case pending in any court of law relating to the Assignment.
• A Power of Attorney (POA), in original, if the application is filed through an authorized agent.
• Attested Copy of the Death Certificate if the original copyright holder is deceased.

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Assignment of Copyright – Explained With Modes and Disputes

Original work may not be reproduced, distributed, or sold by anybody other than the copyright owner without that owner’s consent. As a result, the law allows the copyright owner to assign ownership to a third party.

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 reproduce, distribute, display, perform, or alter it.

This article discusses the concept of copyright assignment, which involves the transfer of ownership or rights in a copyrighted work from the original copyright holder (assignor) to another party (assignee). The article also explains the various aspects of copyright assignment, including its mode of assignment and disputes with respect to the assignment of copyright.

Assignment of Copyright

(Section 18 of the Copyright Act, 1957 )

The owner of the current work or the potential owner of the future work may assign the copyright. It may be fully or partially allocated. Limitations may apply to all or a portion of the copyright.

Additionally, if future work is assigned, the assignment will become effective when the new work is created. In future works, “assignee” includes the assignee’s legal representative if they die before the work is created.

The court ruled in  Saregama India Ltd. vs Suresh Jindal And Ors.  that the copyright owner to a future work has the right to assign the copyright, in whole or in part, to a third party. This indicates that the owner may assign the copyright ownership for the entire term or only a portion.

The assignee is regarded as the legal owner of the copyright after the assignment is made, and the Copyright Act recognises all associated rights and benefits. As mentioned above, the ruling affirms that copyright ownership can be transferred by assignment, enabling people or organisations to obtain and exercise control over the rights connected to the copyrighted work.

Mode of Assignment of Copyright

(Section 19 of the Copyright Act, 1957)

Every assignment of the copyright to a work must be made in writing and be signed by the assignor or an authorised representative. Only that assignment will be accepted. Any assigned work must include all relevant information, including the assignment, length, rights, and geographic scope.

The amount of any royalties or other payments made to the author or his legal heirs during the assignment should also be specified. Any revisions, extensions, or terminations of the assignment are subject to the mutually agreed-upon terms and circumstances.

Let’s say the assignee fails to utilise the right granted during the assignment within a year of receiving it. If such a thing occurs, the assignment of those rights will be presumed to have terminated unless otherwise specified in the assignment. When the assignment time and geographical scope are not specified, they will be assumed to be five years from the date of the assignment and inside India, respectively.

The Bombay High Court considered whether the assignment of video rights included the right of satellite transmission in the case of  Video Master vs Nishi Production . The court accepted the defendant’s claim that several public communication channels, such as satellite broadcasting, video TV, and terrestrial television broadcasting, each constituted a distinct copyright.

As a result, the film’s owner may transfer these rights to other people or companies. The court concluded that the video copyright granted to the plaintiff was separate from the copyright for the satellite transmission of the movie. Consequently, the satellite broadcast right was not part of the assignment.

Disputes With Respect to the Assignment of Copyright

(Section 19A of the Copyright Act, 1957)

After receiving a complaint from the assignor and completing an investigation, the appellate board has the authority to revoke the assignment or issue any orders it sees suitable when the assignee fails to execute the powers granted to him if such failure is not a result of any action or inaction on the part of the assignor.

If the assignor is also the author, the appellate board should hold off on issuing any revocation unless it is established that the terms of the assignment are harsh to the assignor. Additionally, no revocation may be made for five years if an assignment has been made.

The appellate board should handle copyright assignment complaints promptly and with diligence. They have a time limit of six months from the date of receiving the complaint to reach a final decision. If, for any reason, there is a delay beyond this period, the appellate board must explain the reasons for the delay. The goal is to ensure that copyright disputes are resolved promptly and transparently.

In this evolving world, copyright assignment is an unavoidable need. People are not always able to rely on themselves. The ownership of the work must be transferred to properly frame the art and realise the original piece’s full creative potential.

Furthermore, copyright assignment aids in the seamless development of the creative process when several creative minds collaborate or when a work is adapted across various media. It allows for fresh viewpoints, interpretations, and variations that could improve the original work or investigate other creative paths.

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Copyright Assignment Agreement: Definition & Sample

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ContractsCounsel has assisted 35 clients with copyright assignment agreements and maintains a network of 61 intellectual property lawyers available daily. Customers rate lawyers for copyright assignment agreement matters 5.00/5 stars.

What is a Copyright Assignment Agreement?

A copyright assignment agreement is a legal document transferring the ownership and rights of a specific creative work or works. A copyright assignment agreement protects the rights of parties involved by clarifying and providing a record of ownership of a work, especially in the event of a transfer.

Notarization of a copyright assignment agreement is not legally required, but it is always a good idea to get an agreement like this notarized. Copyright assignment agreements can cover works such as writing or artwork and are sometimes known as a sales agreement for copyright.

Common Sections in Copyright Assignment Agreements

Below is a list of common sections included in Copyright Assignment Agreements. These sections are linked to the below sample agreement for you to explore.

Copyright Assignment Agreement Sample

Reference : Security Exchange Commission - Edgar Database, EX-10.15 16 d437016dex1015.htm INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT , Viewed October 13, 2021, View Source on SEC .

Who Helps With Copyright Assignment Agreements?

Lawyers with backgrounds working on copyright assignment agreements work with clients to help. Do you need help with a copyright assignment agreement?

Post a project  in ContractsCounsel's marketplace to get free bids from lawyers to draft, review, or negotiate copyright assignment agreements. All lawyers are vetted by our team and peer reviewed by our customers for you to explore before hiring.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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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. 

[PAGE BREAK HERE] EXHIBIT A LIST OF WORKS TRANSFERRED

[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.

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?

Copyright assignments can be either:

• 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?

Copyright assignment offers several benefits to both creators and assignees:

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?

Copyright infringement carries several consequences, both legal and reputational, including:

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.

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Important things to consider while transferring a copyright

Difference between licensing and transfer, diverse ways to protect yourself from possible legal disputes, template to download in word and pdf format, essential factors for successful copyright assignment: protecting rights and avoiding disputes.

Copyright plays an essential role in our daily lives by protecting the rights of creators , and motivating creativity, and innovation. The protection and compensation through copyright encourage people to produce new and original work.

Copyright is a great tool that gives the creators exclusive rights to their original works. Like any other property, you the owner/creator ( "Assignor" ) can transfer your ownership in copyright to a person or entity ( "Assignee" ). This article will guide you through the essential things to consider when transferring copyright, explain the difference between licensing and transferring , and discuss methods to protect yourself from legal issues .

Copyright covers a wide range of creative work including:

• Literary works such as books, poems, and articles;
• Musical works such as songs, and instrumental pieces;
• Artistic works such as paintings, drawings, photographs, and sculptures;
• Dramatic works such as plays and screenplays;
• Cinematographic works such as films and videos;
• Sound recordings such as music albums, and audiobooks;
• Computer programs and software; and
• Broadcasts such as radio and television programmes.

In the digital age , the relevancy of copyright has increased manifold. It regulates and protects the distribution and sharing of digital content such as images, videos, articles, and software. Creators are protected from unauthorized usage and distribution of their works online.

The duration of copyright protection varies depending on the type of work . For literary, dramatic, musical, and artistic works, the term protection is the life term of the creator and 60 years after the death of the creator . In the case of cinematographic films, sound recordings, photographs, and anonymous/pseudonymous works, the term is 60 years from the date of publication.

While transferring of copyright, you should keep in mind the following important factors:

(1) Written agreement

To be a valid transfer, the terms agreed between the parties shall be in writing by executing a Copyright Transfer Agreement ( "Agreement" ). The Agreement shall be in compliance with the Copyright Act, 1957 , the Indian Contract Act, 1872 , and other applicable laws and regulations. The Coopyright Transfer Agreemetn should be signed by the Assignor or their duly authorized agent.

(2) Clear and specific terms

It is crucial to clearly and precisely define the works that are being transferred. This includes specifying the nature of copyright such as literary works, artistic works, computer programs, etc. For example, if you are an author of a book, it is pertinent to mention which specific book you are transferring under this Agreement. Often confusion in wording or identification of specific work ends up in legal disputes between the parties.

(3) Fair compensation

Transferring the copyright typically involves an agreed-upon payment or consideration . It is crucial to evaluate the fair value of the work through market research . Once the amount has been finalized, the payment can be made in various forms, such as lump sum payment at the time of signing the agreement or in multiple instalments. It is also crucial to mention the method of payment to be used under the agreement.

(4) Exclusive or non-exclusive transfer

Parties must decide whether the transfer will be exclusive or non-exclusive. In an exclusive transfer, the Assignee gains sole rights to the transferred work, preventing the Assignor from exploiting or transferring the work to others. On the other hand, a non-exclusive transfer allows the Assignor to assign or license the work to multiple parties at the same time. The decision is based on the parties and is subject to particular work.

(5) Duration of transfer

The duration of the transfer is a crucial factor. You should mention whether the transfer is a temporary (for a shorter period) arrangement or a permanent arrangement . For example, an author assigns the rights in a book for a period of 3 (three) years, after 3 (three) years, the rights revert back to the author. If the period of transfer is not mentioned under the Agreement, the default period of transfer will be 5 (five) years.

(6) Rights and restrictions

It is essential to explicitly outline the rights being transferred to the Assignee. This includes the right to reproduction, distribution, public performance, adaptation, translation, and other related rights. This will help both parties to what extent each party has control over the work and will help in avoiding possible legal disputes. You can also specify additional restrictions or limitations such as territorial limits, and media platforms on which the copyright can be published or distributed, etc.

(7) Moral rights

Moral rights are inherent rights that remain with the creator even after the transfer or transfer of the copyright. These rights include the right to be mentioned as the creator of the work and the right to object to modification, distortion or mutilation of the work that may harm the reputation of the creator. You can clearly mention such restrictions and possible actions directly in the Agreement.

(8) Scope of use

It is important to specify the intended scope of use of the transferred work. Specifically, whether the Assignee has the right to use the work for commercial purposes, promotional works, etc. If the scope of use is not mentioned, the Assignee will be free to use the transferred work for any purpose they wish.

(9) Consider existing licenses and transfers

Take into account any existing licenses and transfers related to the work. If there are any existing agreements , it is essential to ensure that the terms of such agreements align with the transfer of the work.

(10) Compliance with the Copyright Act

It is important to ensure the transfer complies with the provisions of the Copyright Act, 1957 , and any other relevant laws or regulations.

When you license your work , it means you give someone the right to use it and the ownership still remains with you . For example, if you are a software developer, you can give a company the right to use your software for a limited period by paying the license fee. To protect your rights, entering into a written license agreement is essential.

On the other hand, transferring copyright means you give up ownership of your work to someone else with or without any restrictions . The transfer can be either permanent or for a specific period. For example, if you are a filmmaker, you can sell the rights to your movie to a production company.

(1) Research and verify

Before transferring the work, it is important to ensure that your work does not violate/infringe upon the rights of others . You can search for similar work on various platforms including the copyright office website , the national digital library of India , etc. and if required, seek expert consultation .

(2) Registration of copyright

Although it is not mandatory to register , registering the transfer of copyright with the concerned Registrar of Copyright provides official proof and strengthens your rights in case of any disputes. A copyrighted work can be registered online through the website of the Copyright Office .

(3) Confidentiality and non-disclosure

Include detailed non-disclosure clauses in the agreement to avoid disclosure of confidential information under the transfer agreement or regarding the work. If required, you can consider entering into a separate detailed non-disclosure agreement with the Assignee.

In conclusion, copyright transfer means giving someone else ownership of your creation like a book, song, or artwork. It is like selling your rights to them.

To make sure everything goes smoothly, there are some important things to remember. Firstly, you should conclude what you are going to give and the expected return/compensation from such a transfer. The main motive here is to protect the rights, so make sure to include the rights and limitations of each party in the transfer.

If the transfer involves international parties , it is important to consider international copyright laws before transferring the work.

Still unable to comprehend, you can seek legal advice before transferring your copyrighted work. Always, remember to keep records of your agreement and consider notarizing and registering the transfer for extra protection.

By understanding these differences and following some simple steps, you can confidently assign your copyright and ensure that your creations are protected.

• Copyright Assignment Agreement

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India Assignment Agreement

This document is accurate and up to date! It was last reviewed by a lawyer in August 2024 .

This agreement is used when one party (the assignor) agrees to assign a contract, or the rights in a contract, or another income/object to a second party (the assignee). In exchange for the assignment, the assignee may give the assignor money or personal property, or forgive a debt or obligation.

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This form also known as: contract assignment agreement, transfer contract rights form, assignment of cntractural rights

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Blog Article

Copyright in india: how to assign, license and it’s various facets.

posted in Business by Abhijith N S

What Is Copyright?

Copyright in India is an ownership right given by law to an author, creator of literary, music and artistic work, cinematograph films, and sound recordings. Some of the rights that come under Copyright include the right to reproduce work, communication of the work to public, adaptation of the work and translation of the work. The duration of the protection provided under the Copyright law varies with the nature of protected work.  

However, in a 2016 lawsuit, the Delhi High Court stated that copyright is not an inevitable, divine, or natural right that gives authors the absolute ownership over their creations. Rather, it is designed to stimulate progress for intellectual ownership of their creations.

What Is A Copyright Licensing Agreement?

A Copyright Licensing Agreement is a contract under which a copyright owner allows another person or company to use their copyrighted material in several ways such as to:

• To re-print.
• To distribute it; and
• To use it for a separate amount of time.

In simple, a copyright licensing agreement defines in details as to how, where, and when the copyrighted work may be used. A Copyright owner of any work can grant a licence to authorise a third party to use and distribute a Copyrighted work. This licence may be either exclusive or non-exclusive.

Types Of Copyright Licensing Agreements

1) voluntary licence.

An existing copyright owner or a prospective owner of the copyright in future may grant any interest in the right by way of licence. However, in case of a licence relating to copyright, such a licence will take effect only when the work comes into existence. If a person to whom a licence relating to copyright in any future work,  dies before the work comes into existence, his/her legal representative shall be entitled to the benefit of the licence.

A Licence Agreement should have the following characteristics:

• Duration of the licence.
• The condition relating to revision, extension/termination of the licence.
• Identification of work and licenced rights.

In case there are disputes relating to licencing, it will be settled by the Copyright Board.

2) Compulsory Licensing

Compulsory licensing in regards to Indian work will be granted by the Copyright Board in the following circumstances.

If a copyright owner of any Indian work has published or performed in public has:

• Refused to republish or allow republication of work.
• Refused to allow communication of work to the public by broadcast or sound recording.
• Refused to allow performance of work in public and in case the work is withheld from the public.

Various Facets Of Copyright Assignment In India

What is a copyright assignment.

A copyright assignment in India refers to the transfer/ assigning of ownership from a copyright holder to another person or organisation. Though a copyright holder who is the creator of a work may decide on signing an agreement over to a publisher, or record label. This usually occurs because publisher and record labels possess more resources than that of an author that prints copies of the work and distribute the work to a large set of audience. Most times, the publisher or record label may supply the author with a monetary advance so that the author can begin creating the work.

What Happens If You Assign Your Copyright To A Publisher?

Assigning ones copyright over to a publisher can sometimes be on the downside in scenarios such that you may receive only a part of what you would have received holding a copyright. This means that a person may lose a part of the creative control over his/her work. For example; the decision of turning a book into a movie may now rest with that of a publisher and not you.

An alternative of assigning a copyright to a publisher is that you can assign only a limited part of your work to a publisher. In some cases, one can retain a copyright and get business advantages from the publisher. However, there is ongoing debate as to who owns a copyright. Like any other contract/ agreement, a copyright assignment must be written to avoid any future confusion.

Legality Of The Transfer Of Copyright 

The author of a work is the owner of the work unless he assigns a copyright to a publisher or someone else to be a partial owner of the work for a specific time. Transfer of copyright in future is mentioned under Section 18(1) of the Copyright Act, 1957 states that any prospective owner of a future work may assign his copyright. However, the recent amendment of 2012 made it clear that such an assignment will not extend to those mediums or modes of exploitation which did not exist at the time of assignment.

Modes Of Assigning A Copyright In India

Section 19 of the Copyright Act lays down the requirements to assign a copyright.

• No assignment of the copyright in any work shall be considered valid unless it is in writing and signed by the assignor/ his duly authorised agent.
• The assignment of copyright in any work shall identify such work, and specify the rights assigned, duration and territorial extent of such assignment.
• The assignment of copyright in any work shall also specify the amount of royalty and any other consideration payable, to the author or his legal heirs during the currency of the Assignment. The assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.
• Where the assignee does not exercise the rights assigned to him/her under any of the other sub-sections within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period, unless, otherwise specified in the assignment.
• If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.
• If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.
• Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6) shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994.
• The assignment of copyright in any work, contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member, shall be considered void.
• No assignment of copyright in any work to make a cinematograph film, affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall.
• No assignment of the copyright in any work to make a sound recording which does not form part of any cinematograph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilisation of such work in any form.

All of the above laws have come into force as a relief to authors that strengthens their position as new modes of exploitation of their work come into existence. These modes of exploitation keep changing due to scientific developments. For example; Initially, there used to be video cassette recorders and currently we have MP3 players, iPods, and other music players that are available. We cannot foresee the technological improvements that are yet to come in the near future and therefore the assignment of copyright that is made today will only cover those modes of exploitation that are available currently.

Disputes When Assigning Copyright In India

• If an 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, then, the Copyright Board may, on receipt of a complaint from the assignor and after holding such inquiry revoke such assignment.
• If any dispute arises with respect to the assignment of any copyright, the Copyright Board may, on receipt of a complaint from the aggrieved party and after holding such inquiry pass such order as it may deem fit including an order for the recovery of any royalty payable:
• Provided that the Copyright Board shall not pass any order to revoke the assignment unless it is satisfied that the terms of an assignment are harsh to the assignor in case the assignor is also the author.
• Provided further that, pending the disposal of an application for revocation of assignment under this subsection, the Copyright Board may pass such order, as it deems fit regarding the implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned.
• Provided also that no order of revocation of assignment under this subsection shall be made within a period of five years from the date of such assignment.
• Every complaint received under sub-section (2) shall be dealt by the Copyright Board and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the Copyright Board shall record the reasons thereof.

Need A Copyright Assignment Agreement?

A Copyright Assignment Agreement must contain the name and details of the owner and the other party, date of assigning, material that is assigned, payment etc. You can now create your Copyright Assignment Agreement with LegalDesk.com using our Do-It-Yourself platform and opt for your document to printed on Stamp Paper and delivered using our Print-n-Deliver service. You can customise the document to suit your requirements, our support team can assist you with that. Try our service now.

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