Copyright is a unique kind of Intellectual property Rights. It gives exclusive right to a person to reproduce the work or that person can authorise another person to reproduce the work by way of assignment. But there should be some amount of creativity and originality in the said artistic work.
Crucial points that are included in case of Copyright assignment and they are as follows-
- The ownership of the copyright may be transferred wholly or partially.
- While transferring the copyright to third person, then the owner must specify the amount of copyright assignment.
- The assignment of copyright is valid only when it is in writing and signed by the assignor or his authorized agent.
- The rights of the assignor of the copyright shall be diluted to the extent of the rights assigned to the third parties.
- The rights of the assignor in the copyright shall be diluted to the extent of the rights assigned to the third party.
- The assignment deed shall specify the territorial extent of such assignment.
- The assignment deed must specify the assigned rights and royalties to be paid.
- The assignment agreement shall be subject to revision, extention or termination on terms mutually agreed upon the parties.
- If the assignor fails to exercise his rights within one year of the assignment, then it is deemed to assignment deed to be lapsed.
- In case the assignment undertaken is in contrary to the terms and conditions of the rights already assigned to a copyright society to which creator is a member, it shall be deemed void.
- In case of a manuscript, a copyright is a personal property of the owner, that can be transmitted through testamentary disposition.
- The equitable assignment is just the agreement to assign and not the assignment.
- After the assignment the assignee will get the rights of translation, abridgement, adaptation, dramatic and filmmaking in the work.
- To repeal the work the creator is required to give the notice of the same in the prescribed format along with the prescribed fees to the registrar of copyright or by way of public notice. As soon as the registrar will receive this notice, he is required to publish it n the official gazette. Within 14 days of publication, the registrar shall post the notice on the official website of the copyright office, so that such notice remains in the public domain for not less than three years. Such right shall cease to exist from that day of notice.
Contact BIATConsultant for online copyright registration in India .