Introduction
Among the various types of protection available for
innovation and creation, copyright law stands out as the most adaptable domain
of IPR. This legislation covers acknowledgment, safeguarding, and enforcement
of rights for a wide range of creative works, including traditional creations
like books, articles, poetry, song lyrics, paintings, musical compositions,
sculptures, architecture, and scripts for dramas or films, as well as
contemporary forms of copyrighted materials such as computer software,
databases, compilations, and broadcasts. The rationale behind copyright
protection is grounded in the principles of fairness and the three most significant
areas for fairness are the test of originality, remedies for copyright
violations, and fair use provision. Copyright grants exclusive rights to the
creator or owner, enabling them to control how their work is used, reproduced,
and distributed. However, these rights are not static; they can be transferred
or assigned to others.
Owner of Copyright
The owner of copyright is typically the person who creates the work. Ownership can also be acquired through transfer, inheritance, or contractual agreements. However, ownership can vary depending on the nature of the work and the circumstances of its creation, which is described in Section 17 of the Copyright Act, 1957
- The author or creator of the work is the first owner of copyright.
- If the work is created in the course of employment, the employer is usually the copyright owner.
- In some jurisdictions, the person who commissions a work may be considered the owner if there's a written agreement.
- When multiple people contribute to a work, they may share ownership jointly.
Rights of The Copyright Owner
The rights of a copyright owner form the foundation of protection for creative works. The copyright owner has the authority to manage the use, distribution, and reproduction of their intellectual property. These rights grant you the authority to determine who can make copies, distribute, display, or perform your work publicly. The copyright owner enjoys a bundle of exclusive rights, which include:
- Reproduction Right: This right grants the owner the exclusive authority to make copies of their protected work in any format or medium and ensures that their work is not unlawfully reproduced or exploited without their consent.
- Distribution Right: Content owners also possess the right to distribute their copyrighted work in the market and generate income from it.
- Public Performance: It refers to the authority to present, display, or showcase a copyrighted work to the public through various means, such as live performances, theatrical productions, concerts, recitals, screenings, or broadcasts.
- Right of Adaption: This right is an exclusive right granted to copyright holders, allowing them to convert, alter, transcribe, or rearrange their copyrighted work.
- Derivative Works: A derivative work is created when a new work is based on or derived from an existing copyrighted work. This privilege allows the copyright holder to produce adaptations, modifications, or other transformative works based on their original creation.
- Moral Rights: Right to claim authorship and object to derogatory treatment of the work.
Assignment of Copyright
The assignment of copyright involves transferring ownership rights from the original holder to another individual or organization. In contrast to a license, which simply allows usage under specific terms, an assignment permanently conveys the rights. The assignment facilitates the full utilization of the work, often providing advantages to both the creator and the new owner. Copyright ownership can be transferred either entirely or partially to a person or an entity through an assignment, as outlined in Sections 18, 19, and 19A of the Copyright Act 1957.
Modes of Assignment
Section 19 of the Act outlines the legal requirements for a valid copyright assignment and highlights several ways in which copyright can be assigned, each serving different legal and commercial purposes:
In written form: Section 19(1) of the Act states that for the assignment of copyright in any work to be considered valid, it must be documented in writing and signed either by the assignor or their authorized representative. It highlights the necessity for a written agreement that distinctly describes the assignment terms, including the work involved, and the rights transferred, as well as the duration, geographical scope, and compensation to be paid.
Specify the work and terms: Section 19(2) requires that any copyright assignment must clearly identify the work and detail the rights being assigned, along with the duration and geographical extent of that assignment.
Royalty:Section 19(3) specifies that the assignment of copyright shall outline the terms regarding the royalties or compensation that have been mutually agreed upon by the involved parties.
Automatic Lapse: According to Section 19(4), the assignment will become void if the assignee does not utilize the rights granted to him within one year from the date of assignment unless the assignment explicitly states otherwise.
Term: As per Section 19(5), in the absence of specified assignment duration, it is considered to be for five years starting from the assignment date;
Territorial Extent-Section 19(6): if the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.
In addition to the above, Section 19(8) states that in cases where the author of the work is a member of a copyright society, the assignment of copyright in any work contrary to the rights already assigned to such society shall be void.
Conclusion
Copyright ownership is a powerful legal tool that enables creators to protect and profit from their intellectual labor. However, the ability to assign these rights adds a layer of flexibility and commercial viability. Whether through full or partial assignment, territorial or time-limited arrangements, the modes of assignment allow copyright to be tailored to the needs of creators, businesses, and consumers alike.
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