Assignment:-
An assignment of copyright is a legal transaction in which
the copyright owner transfers all or some of their
exclusive rights in the copyrighted work from one party
to another. This transfer of ownership is typically done in
exchange for payment. The copyright assignment must
be in writing and signed by the copyright owner.
An assignment of copyright can be transferred to another
individual, company, or organization. The assignment
agreement sets out the specific terms of the transfer,
including the duration of the assignment, the rights being
transferred, and any other relevant provisions.
As per Section 18 of Copy right Act 1957, the owner of
the copyright of a work has the right to assign his
copyright to any other person. The effect of assignment
is that the assignee becomes entitled to all the rights
related to the copyright to the assigned work.
Provided that in the case of the assignment of
copyright in any future work, the assignment shall
take effect only when the work comes into
existence.
As per Section 19 of the Copy Right Act 1957, No
assignment of the copyright in any work shall be
valid unless it is in writing signed by the assignor or
by his duly authorised agent.
The assignment of copyright in any work shall
identify such work, and shall specify the rights
assigned and the duration and territorial extent of
such 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.
Licensing
Licensing of copyright refers to the legal
agreement between the copyright owner and the
licensee that permits the licensee to use the
copyrighted work in a specified way for a specific
time. In this context, the copyright owner grants the
licensee a limited right to use the copyrighted work
under the terms of the license agreement in
exchange for payment. The license can be absolute
or non-exclusive and may include clauses that
permit the licensee to make copies of the work or
to give out the work to others. A license agreement
can extend for a limited time or can be for the
duration of copyright protection.
As per Section 30 of Copy Right Act 1957,
the owner of the copyright in any existing work of
the prospective owner of the copyright in any
future work may grant any interest in the right by
licence in writing by him or by his duly authorised
agent.
Provided that in the case of a licence relating to
copyright in any future work, the licence shall take
effect only when the work comes into existence.
As per Section 30 (A), the provisions of sections 19
and 19A shall, with any necessary adaptations and
modifications, apply in relation to a licence under
section 30 as they apply in relation to assignment of
copyright in a work.
Section 31 of the Copyright Act, 1957
provides a mechanism for compulsory licensing. It
allows the Copyright Board (now the Intellectual
Property Appellate Board, or IPAB) to grant licenses
to use copyrighted works when the owner refuses
to publish or allow the work’s use in a way that’s
reasonable to the public interest. This provision is
especially relevant for works deemed essential for
education, research, or public interest. The goal is
to prevent copyright holders from unduly restricting
access to such works, ensuring they can be made
available when needed for the greater good.