Copyright Licenses and Assignments

One of the primary benefits of copyright ownership is the ability to transfer some or all of those rights to third parties. These transfers can be for all of the copyright rights in a work (which is generally referred to as an outright assignment), or can be for a limited portion of the rights provided by the Copyright Act (which usually takes the form a copyright license).

The BitLaw discussion of assignments and licenses is divided into the following four sections:

  • transfers in general
  • implied licenses
  • termination of transfers
  • recordation of transfers

Transfers in General

Copyright is a personal property right, and it is subject to various state laws and regulations that govern the ownership, inheritance, or transfer of personal property. It is probably best to view copyright as a bundle of rights. The rights included in that bundle are the rights granted by the U.S. Copyright Act, as described in the BitLaw discussion on the scope of copyright protection . Any or all of these rights, or any subdivision of those rights, may be transferred.

A transfer of one of these rights may be made on an exclusive or nonexclusive basis. The transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed. Transfer of a right on a nonexclusive basis does not require a written agreement. For example, the author of a novel, as the original copyright owner of the novel, could transfer to a publisher the exclusive right to copy and distribute a novel (under the right of reproduction and distribution ), and also grant a screen play writer the nonexclusive right to create a movie script based on that novel (under the right to create derivative works ). The author's agreement with the publisher would have to be in writing to be valid. However, the agreement with the screen play writer could be oral and still be enforceable.

A transfer of copyright rights is usually either an assignment or a license. An assignment of copyright rights is like the sale of personal property. The original owner sells its rights to a third party, and can no longer exercise control over how the third party uses those rights. A license (or more properly "an express license") is an agreement where the copyright owner maintains its ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license will be preferred over an assignment of rights where the copyright holder wishes to maintain some ownership over the rights, or wishes to exercise continuing control over how the third party uses the copyright holder's rights.

A typical software license agreement is a copyright license agreement. The owner of the copyright in the software wishes to grant the end-user the right to utilize the software in a restricted manner. In return, the end-user may agree to limit its use of the software in a variety of ways and to pay a license fee payment to the copyright owner.

Implied Licenses

An implied copyright license is a license created by law in the absence of an actual agreement between the parties. Implied licenses arise when the conduct of the parties indicates that some license is to be extended between the copyright owner and the licensee, but the parties themselves did not bother to create a license. This differs from an express license in that the parties never actually agree on the specific terms of the license. The purpose of an implied license is to allow the licensee (the party who licenses the work from the copyright owner) some right to use the copyrighted work, but only to the extent that the copyright owner would have allowed had the parties negotiated an agreement. Generally, the custom and practice of the community are used to determine the scope of the implied license.

Implied licenses have been used to grant licenses in situations where a copyrighted work was created by one party at the request of another. In one case, a special effects company was hired to create a specific effect for a horror movie. The contract through which the special effects company was hired did not assign the copyright in the effect, and did not provide for a license for the effect to be used in the horror movie. The court ruled that the effect could be used in the horror movie through an implied license, since the effect was created with the intent that it be used and distributed in the movie.

A commonly discussed scenario where implied licenses are destined to play a major role is on the World Wide Web. When a Web page is viewed in a Web browser, the page is downloaded through the Internet and placed on the user's screen. It is clear that a copy of the Web page is being made by the user. It is also clear that the Web page is protected against unauthorized copying by copyright law. But it would not make sense to allow the author of a Web page to sue a user who viewed her page, since the author intended that the page be viewed by others when she placed it on the World Wide Web. Rather, attorneys argue, courts should find that the Web page author has given end users an implied license to download and view the Web page. The extent of this implied license is unclear, and may someday be defined by the courts.

Termination of Transfers

Although a copyright owner is free to transfer her copyright rights as she sees fit, the Copyright Act contains a non-revocable right for a copyright owner to terminate any copyright transfer. The purpose for this is to give the creator of the work or the creator's heirs a second chance to exploit the work in situations where the value of the work may have been significantly enhanced since the original transfer. Generally, there is a five year window of time to accomplish the termination beginning either at

  • 35 years from the assignment if the transfer was made on or after January 1, 1978; or
  • 56 years from the date copyright was originally secured if the transfer was made before January 1, 1978.

The ability to terminate a transfer cannot be negotiated away. Thus, the author of a valuable book has the right to reclaim the copyright in the book by terminating the transfer, even if the agreement signed by the author stated that the assignment of her copyright rights was permanent and irrevocable. Exceptions to this ability to terminate a transfer are made for those parties who created derivative works prior to the termination (see the BitLaw discussion on derivative works for more information on this subject). In addition, works made for hire are not subject to this termination of transfer right (works made for hire are discussed in the BitLaw section on copyright ownership ).

Recordation of Transfers

A document that transfers copyright ownership or any other document pertaining to a copyright may be recorded in the Copyright Office. Although recordation is not required to make a valid transfer of a copyright, recordation of the transfer document does provide certain legal advantages and may be required to validate the transfer as against third parties.

  • Find a Lawyer
  • Ask a Lawyer
  • Research the Law
  • Law Schools
  • Laws & Regs
  • Newsletters
  • Justia Connect
  • Pro Membership
  • Basic Membership
  • Justia Lawyer Directory
  • Platinum Placements
  • Gold Placements
  • Justia Elevate
  • Justia Amplify
  • PPC Management
  • Google Business Profile
  • Social Media
  • Justia Onward Blog

Copyright Licensing Under the Law

Under copyright law, authors of original works of authorship that are tangibly fixed in a medium have a bundle of rights. The bundle includes the six economic rights of reproduction, preparation of derivative works, distribution, public performance, public display, and digitally transmitting sound recordings. If the work of authorship is a work of fine art, the author also has moral rights.

When any of these rights are infringed, the holder of the rights may bring a copyright lawsuit to enforce those rights. For example, a musician might sue a film studio that used a copy of his song as part of the soundtrack for a movie. Or a painter might sue a graphic artist who built on his existing work on the grounds that the new work is actually a derivative work.

The first sale and fair use doctrines are limited defenses to copyright infringement.

Under the first sale doctrine, an individual who purchases a copy of an original work of authorship can dispose of that particular copy by selling it or displaying it, irrespective of the exclusive rights of the copyright owner. However, the first sale doctrine does not protect an individual who makes unauthorized copies and distributes them, unless those copies are considered “fair use.” For example, a reviewer may quote from a book in order to criticize it, and the magazine may make copies of that review under the fair use doctrine. But a private individual who makes photocopies of an entire book that he purchased, and then sells the copies repackaged, infringes on the author’s copyright.

In many cases, an author of an original work may gain an economic or other benefit by granting another person or entity the authority to exercise one or more of these rights, or even part of one of the rights. A transfer of rights in a copyrighted work can be accomplished through a copyright license or an assignment . Generally, the difference between the two is that licenses allow a copyright owner to retain the rights while giving someone else a right to exercise some of them, whereas an assignment results in a copyright owner losing control over the work. Moral rights in a work of fine art can be waived, but they cannot be licensed or assigned.

Copyright Licensing Rules

If economic rights are transferred, the transfer must be in writing and signed by the copyright holder. However, if the right is transferred on a non-exclusive basis, no writing is needed. Copyright law does not require that payment or anything else be exchanged in order to grant someone a license, but often copyright holders do require payment, place restrictions on the license, or require the licensee to meet some other obligation.

The license will dictate all the terms of the transfer of rights. Usually, it will spell out which rights are being licensed, the number of uses, to what extent the work can be used, and the length of time until a license expires. It will also specify any requirements or obligations on the part of the licensee. For example, a copyright holder may license a work to be distributed only in a particular geographic region. If the licensee distributes the work in other geographic regions, the copyright holder can sue for infringement and obtain an injunction or damages.

  • The exact rights licensed
  • The number of permitted uses
  • The extent of permitted uses
  • When the license starts and ends

Often, a third-party organization is authorized by the copyright holder to grant the permission on the holder’s behalf. For example, stock photo websites often grant licenses to individuals to use a photographer’s stock photo on their website or online magazine for a small fee under a license.

Under Section 203 of the Copyright Act, authors or those who inherit their rights are permitted to terminate grants of copyright licenses that are made on or after January 1978 if certain conditions are met, except in the case of works for hire. For example, when an author dies, those who own more than half of that author’s interest in the work can terminate the license. Termination can also happen within five years, starting at the end of 35 years from the execution of the license. When the license covers the right of publication, the license can be terminated 35 years from the date of publication of the work under the grant or at the end of 40 years from the date the license is executed, whichever is earlier.

Last reviewed October 2023

Intellectual Property Law Center Contents   

  • Intellectual Property Law Center
  • Copyright Infringement & Related Lawsuits
  • Copyright Ownership Under the Law
  • Assignment of Copyrights & Legal Implications
  • Royalty Payments for Legally Copyrighted Artwork
  • International License Agreements for U.S. Artists & Related Legal Issues
  • Copyright Registration Under the Law
  • Safe Harbors for Online Service Providers Under Copyright Law
  • Criminal Copyright Infringement Laws
  • Enforcement of Copyrights Through Lawsuits & Criminal Charges
  • Fair Use Defense to Copyright Infringement Lawsuits
  • Software Development Agreements & Related Legal Concerns
  • End-User License Agreements Imposing Legal Restrictions on Software
  • Lists, Directories, and Databases Under Copyright Law
  • Photos of Buildings and Architecture Under Copyright Law
  • Photos of Copyrighted or Trademarked Works & the Fair Use Defense to Infringement Lawsuits
  • Works in the Public Domain After Copyrights Legally Expire
  • Copyrights and Credits for Songwriters Under the Law
  • Music Samples and Copyright Infringement Lawsuits
  • Playing Music in Stores or Restaurants — How to Avoid Copyright Infringement Lawsuits
  • Consignment Sales by Artists to Stores & Legal Protections
  • Destruction of Copyrighted Works & Limited Legal Protections
  • Copyright Legal Forms
  • Trademark Law
  • Trade Secret Law
  • Choosing Among Patent, Copyright, and Trademark for Legal Protection
  • Intellectual Property Law FAQs
  • Find an Intellectual Property Lawyer

Related Areas   

  • Small Business Legal Center
  • Entertainment Law Center
  • Communications and Internet Law Center
  • Sports Law Center
  • Related Areas
  • Bankruptcy Lawyers
  • Business Lawyers
  • Criminal Lawyers
  • Employment Lawyers
  • Estate Planning Lawyers
  • Family Lawyers
  • Personal Injury Lawyers
  • Estate Planning
  • Personal Injury
  • Business Formation
  • Business Operations
  • Intellectual Property
  • International Trade
  • Real Estate
  • Financial Aid
  • Course Outlines
  • Law Journals
  • US Constitution
  • Regulations
  • Supreme Court
  • Circuit Courts
  • District Courts
  • Dockets & Filings
  • State Constitutions
  • State Codes
  • State Case Law
  • Legal Blogs
  • Business Forms
  • Product Recalls
  • Justia Connect Membership
  • Justia Premium Placements
  • Justia Elevate (SEO, Websites)
  • Justia Amplify (PPC, GBP)
  • Testimonials
  • Find a Lawyer
  • Legal Topics
  • Intellectual Property Law

Copyright Licensing and Assignment

(This may not be the same place you live)

  What Is Copyright Licensing?

Copyright licensing is the transfer of one or more of a copyright owner’s exclusive rights from the owner to another person or entity so they can make use of them. These rights include the rights to reproduce the work, create derivative works, distribute the work to the public, publicly display visual works, and digitally transmit sound records.

Most often, the transfer of a right or rights is done either with an assignment or a license. With a license, the copyright owner retains their ownership of any right that is transferred. An assignment, on the other hand, transfers all exclusive rights and is comparable to a sale. The original copyright owner basically sells their rights to another person or entity who then essentially owns them.

When an owner assigns their rights to another, they give up the right to control how the rights are used. This is the same as selling any item of personal property; the seller cannot control how the buyer uses the item once it has been sold.

Generally, a license is the preferred type of transaction, if the original copyright holder wants to continue exercising their interests and control over their work. For example, if a person assigns their copyright in a song to a music producer, the decision about whether to allow a film producer to use the song in a film belongs to the producer and not to the original copyright holder.

This result can be avoided if the copyright owner transfers an interest or interests in a song by way of a licensing agreement. Then, the copyright owner retains the ability to license an interest or interests in the song to another entity, e.g., a film producer.

The assignment of a copyright is a form of property, i.e., intellectual property, that can be used like any other item of property that has value. For example, it could be used as security for a loan, bequeathed to heirs, or simply transferred for a price or other consideration .

Once rights have been assigned to another person or entity, the original owner has permanently transferred their right to control the copyrighted work. The original owner would be committing copyright infringement if they were to try to make use of any of the rights that they assigned.

If an original owner were to regret an assignment that they made, they would be able to try to buy back their copyright from the assignee. Then, it would be the choice of the assignee whether to sell their interest or not.

Under federal copyright law, a transfer of ownership is only valid if there is something in writing, e.g., a written assignment agreement, note, or memorandum of transfer, signed by the owner of the copyright or their agent.

The law does not require recording of an assignment with the U.S. Copyright Office, but there are advantages to doing it. For example, it creates a public record of the exact details of the transfer and gives notice to members of the public. It can set the priority of rights if there have been conflicting transfers of ownership. It can validate the transfer of the copyright to one person or entity against another.

What Happens if I Transfer My Exclusive Rights to Another Person?

Can i license the same right to more than one person, how do i transfer my rights to another person, what is a copyright assignment, should i record the transfer of copyright ownership, are transfers permanent, do i need a lawyer to license my copyright.

If the owner of a copyright licenses one or more of their exclusive rights to only one other person or entity with no intention of granting the same right to any other person or entity, the person has granted them an exclusive license.

An exclusive license gives its owner the right to exclude all others, including the original copyright owner, from exercising the rights granted in the license. A copyright owner may choose to grant an exclusive license for several reasons, including:

  • Profiting from their copyright: The licensee may pay the copyright owner for the exclusive use of one or more of their rights;
  • Publicity: For example, the author of a book might authorize a movie studio to produce a movie based on the book in order to draw increased publicity to the author and the book. Of course, it could prove to be highly profitable as well.

A person can license the same right to more than one person as long as they make each and every licensee aware of the fact that they are not getting an exclusive license but rather a nonexclusive one. Presumably, a copyright owner could grant an exclusive license for a larger fee than a non-exclusive one.

If a copyright owner wants to transfer one or more of their rights to another person exclusively, they must put the transfer in writing and sign it. However, the creation of a nonexclusive license requires no written document. In fact, nonexclusive licenses can even be implied if the conduct of the parties indicates licensing.

As noted above, a copyright assignment can be described as a kind of exclusive license in which a copyright owner transfers all of his exclusive rights to another person. Like an exclusive license, a copyright assignment must be in writing.

Recordation of a copyright interest with the U.S. Copyright Office is not required to make it valid, but, again, it is a good idea, especially from the perspective of the person who acquires the interest. By recording the license or assignment, they can protect their rights in the event that the copyright owner licenses to someone else. If a person is the first to receive a license, promptly recording the license can protect them from losing their rights to a competing licensee in the future.

If a copyright owner has placed no time restrictions on a license, the transfer of rights is considered to be permanent for a period of 35 years. At that point, the original copyright owner has a 5-year window in which to exercise their right to terminate any licenses or assignments. If the original copyright owner chooses to end a license at this point, the licensee has to give up all the rights granted in the license.

Of course, a copyright owner can grant a license for a specified period of time. They would have to draft a licensing agreement, perhaps with the help of an intellectual property lawyer, that grants the exact rights the owner wants to grant for a desired period of time with any other conditions and restrictions that they want to place on the grant.

The licensing of a copyright can be complex. LegalMatch.com can connect you to an experienced copyright attorney who can draft a licensing agreement for your copyright that provides you with the interest you want and protects it from the claims of others.

Or, if you are involved in a dispute about an existing license, your lawyer can help you resolve it. A copyright attorney can draft an assignment agreement or other form of assignment as well.

Your lawyer can negotiate a resolution or represent you in court if that should become necessary.

Save Time and Money - Speak With a Lawyer Right Away

  • Buy one 30-minute consultation call or subscribe for unlimited calls
  • Subscription includes access to unlimited consultation calls at a reduced price
  • Receive quick expert feedback or review your DIY legal documents
  • Have peace of mind without a long wait or industry standard retainer
  • Get the right guidance - Schedule a call with a lawyer today!

Need a Copyright Lawyer in your Area?

  • Connecticut
  • Massachusetts
  • Mississippi
  • New Hampshire
  • North Carolina
  • North Dakota
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • South Dakota
  • West Virginia

Photo of page author Susan Nerlinger

Susan Nerlinger

LegalMatch Legal Writer

Updating Author

Susan is a member of the State Bar of California. She received her J.D. degree in 1983 from the University of California, Hastings College of Law and practiced plaintiff’s personal injury law for 8 years in California. She also taught civil procedure in the Paralegal program at Santa Clara University. She then taught English as a foreign language for eight years in the Czech Republic. Most recently, she taught English as a second language for Montgomery County Public Schools in suburban Washington, D.C. Now she devotes her time to writing on legal and environmental topics. You can follow her on her LinkedIn page. Read More

Photo of page author Ken LaMance

Ken LaMance

Senior Editor

Original Author

Photo of page author Jose Rivera

Jose Rivera

Managing Editor

Related Articles

  • Copyright Infringement Lawyers Near You
  • Circumvention of Technological Measures that Protect Copyrighted Material
  • Art Lawyers
  • Due Diligence for Copyright
  • Digital Millennium Copyright Act (DMCA)
  • What Is Copyleft?
  • Secondary Copyright Infringement
  • Copyright Definition
  • Public Domain Music
  • Non-Copyrighted Music Lawyers
  • Music Download Lawyers
  • Copyright Infringement Defenses
  • Copyright Infringement
  • Music Licensing Agreement
  • Copyright Infringement Penalties
  • What is Copyright?
  • Domain Name Infringement
  • E-Book Readers and Copyright Laws
  • Book Copyright Law
  • Poor Man's Copyright
  • Online Copyright Infringement Liability Limitation Act Lawyers
  • Website Copyright Infringement
  • Software Piracy Law
  • Copyright Infringement: Minimum Copying Standards
  • Movie Piracy Laws
  • Protecting My Artwork Lawyers
  • Removing a Work of Art From a Building
  • Copyright Protection for Sound Recordings
  • Playing Music in Public
  • File Sharing Lawyers

Discover the Trustworthy LegalMatch Advantage

  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service

How does LegalMatch work?

Law Library Disclaimer

star-badge.png

16 people have successfully posted their cases

Understanding an assignment of copyright agreement

Did you know you can assign, or transfer, your copyright to someone? Find out what information to include in your agreement and how you can make sure your interests are protected.

Find out more about business management

assignment of copyright and licenses

by   Ronna L. DeLoe, Esq.

Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...

Read more...

Updated on: November 24, 2023 · 3 min read

Assignment of copyright

Copyright assignment contract, protecting the creator of the intellectual property, works for hire and copyright.

When you create intellectual property such as a book, poem, song, photograph, or painting, copyright laws give you the right to claim ownership of your creative work. Registering your copyright with the U.S. Copyright Office allows others to find out who owns the rights to your creation. As a copyright owner, you can also transfer, or assign, your copyright, as long as you follow the correct procedure.

Woman with short brown hair in art studio leans across desk with art supplies and camera on it to type on laptop

Copyright assignment permits a third party, known as the assignee, to take ownership of the copyright from the owner, or assignor. The assignment must be done in writing to be valid. Although notarization isn't required, it's a good idea to have someone witness the assignor and assignee signing and dating the agreement. Transfer of ownership usually involves monetary exchange, although that's not a requirement.

Registering a copyright with the U.S. Copyright Office isn't a requirement for valid ownership, even in cases of copyright assignment. However, registering provides a way for third parties to discern who owns the copyright. Because you don't have to file the transfer, a short-form assignment contract is sufficient for filing. This document usually contains only limited details of the work you're assigning, including the copyright number (if applicable), the signatures of both parties, the signature of a witness if desired, and the date of the assignment.

Just like in any other contract, a copyright assignment should contain certain information , such as the amount of consideration, or money, being exchanged. When assigning your copyright, the other party should provide some amount of consideration. Contracts usually include the language “for other good and valuable consideration," and courts have held that even one dollar is acceptable. As long as each party to the contract is getting something in return and the contract is not made under duress or pressure, the contract is valid.

Likewise, as the owner of the copyright, you have the right to assign all or part of it. If you assign your entire copyright to the other party, you are giving up all of your rights to your own copyright. In the case of a book, for example, assigning only part of your copyright could mean:

  • Assigning it to one party for use as a movie and to another for use as a television show
  • Assigning one party the original version and another party a translated version
  • Assigning rights to different types of books, such as an audiobook, a traditional print book, and an e-book
  • A partial assignment for a limited duration, if you specify such in your agreement

Copyright laws protect you in case your work of intellectual property becomes famous or is worth money later on. While you can't get your copyright back for many years after your assignment unless the new owner consents otherwise, current copyright law allows you to terminate your copyright assignment after 35 years.

For example, songwriters who assigned their copyright to what are now legendary songs from the 1960s or 1970s can now recover the copyright to their songs, many of which have increased in value due to their use in commercials and television shows. The writer of "YMCA," a member of the Village People, successfully recovered his copyright by invoking his termination rights after the 35-year period.

If you're a freelancer who creates a work such as a poetry collection, you own the copyright of the poetry book and can assign the copyright, if you wish. If, however, you're employed by someone to write poems, either as an employee or as an independent contractor under their direction, your creation is sometimes called a work for hire .

Creation of intellectual property under a work-for-hire contract means that you don't own the copyright. Instead, whoever hired you owns it, and unless that person gives you permission to purchase or own the copyright, you cannot transfer it to anyone else.

The more control a client has over how and when you're creating the intellectual property, the more likely you're regarded as an employee rather than an independent contractor. An employer-employee relationship generally assures that the employer owns the copyright. If, on the other hand, you're an independent contractor and have more creative control over your project than an employee would have, then you're the copyright owner.

Because intellectual property is an extremely specialized area of the law, it's recommended that you use a copyright attorney or similar intellectual property specialist to assist in any assignments. You can start protecting your creative interests by registering your copyright .

You may also like

assignment of copyright and licenses

How to get an LLC and start a limited liability company

Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.

March 21, 2024 · 11min read

assignment of copyright and licenses

What is a power of attorney (POA)? A comprehensive guide

Setting up a power of attorney to make your decisions when you can't is a smart thing to do because you never know when you'll need help from someone you trust.

May 7, 2024 · 15min read

assignment of copyright and licenses

How to Start an LLC in 7 Easy Steps (2024 Guide)

2024 is one of the best years ever to start an LLC, and you can create yours in only a few steps.

May 16, 2024 · 22min read

Published By Stanford Copyright and Fair Use Center

Chapter 2. copyright ownership and transfer.

Copyright Ownership and Transfer

  • 201. Ownership of copyright
  • 202. Ownership of copyright as distinct from ownership of material object
  • 203. Termination of transfers and licenses granted by the author
  • 204. Execution of transfers of copyright ownership
  • 205. Recordation of transfers and other documents

§ 201. Ownership of copyright 1

(a) Initial Ownership. — Copyright in a work protected under this title vests initially in the author or authors of the work. The authors of a joint work are coowner of copyright in the work.

(b) Works Made for Hire. — In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.

(c) Contributions to Collective Works. — Copyright in each separate contribution to a collective work is distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series.

(d) Transfer of Ownership. —

(1) The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

(2) Any of the exclusive rights comprised in a copyright, including any subdivision of any of the rights specified by section 106, may be transferred as provided by clause (1) and owned separately. The owner of any particular exclusive right is entitled, to the extent of that right, to all of the protection and remedies accorded to the copyright owner by this title.

(e) Involuntary Transfer. — When an individual author’s ownership of a copyright, or of any of the exclusive rights under a copyright, has not previously been transferred voluntarily by that individual author, no action by any governmental body or other official or organization purporting to seize, expropriate, transfer, or exercise rights of ownership with respect to the copyright, or any of the exclusive rights under a copyright, shall be given effect under this title, except as provided under title 11. 2

§ 202. Ownership of copyright as distinct from ownership of material object

Ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object.

§ 203. Termination of transfers and licenses granted by the author 3

(a) Conditions for Termination. — In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:

(1) In the case of a grant executed by one author, termination of the grant may be effected by that author or, if the author is dead, by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s termination interest. In the case of a grant executed by two or more authors of a joint work, termination of the grant may be effected by a majority of the authors who executed it; if any of such authors is dead, the termination interest of any such author may be exercised as a unit by the person or persons who, under clause (2) of this subsection, own and are entitled to exercise a total of more than one-half of that author’s interest.

(2) Where an author is dead, his or her termination interest is owned, and may be exercised, as follows:

(A) The widow or widower owns the author’s entire termination interest unless there are any surviving children or grandchildren of the author, in which case the widow or widower owns one-half of the author’s interest.

(B) The author’s surviving children, and the surviving children of any dead child of the author, own the author’s entire termination interest unless there is a widow or widower, in which case the ownership of one-half of the author’s interest is divided among them.

(C) The rights of the author’s children and grandchildren are in all cases divided among them and exercised on a per stirpes basis according to the number of such author’s children represented; the share of the children of a dead child in a termination interest can be exercised only by the action of a majority of them.

(D) In the event that the author’s widow or widower, children, and grandchildren are not living, the author’s executor, administrator, personal representative, or trustee shall own the author’s entire termination interest.

(3) Termination of the grant may be effected at any time during a period of five years beginning at the end of thirty-five years from the date of execution of the grant; or, if the grant covers the right of publication of the work, the period begins at the end of thirty-five years from the date of publication of the work under the grant or at the end of forty years from the date of execution of the grant, whichever term ends earlier.

(4) The termination shall be effected by serving an advance notice in writing, signed by the number and proportion of owners of termination interests required under clauses (1) and (2) of this subsection, or by their duly authorized agents, upon the grantee or the grantee’s successor in title.

(A) The notice shall state the effective date of the termination, which shall fall within the five-year period specified by clause (3) of this subsection, and the notice shall be served not less than two or more than ten years before that date. A copy of the notice shall be recorded in the Copyright Office before the effective date of termination, as a condition to its taking effect.

(B) The notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation.

(5) Termination of the grant may be effected notwithstanding any agreement to the contrary, including an agreement to make a will or to make any future grant.

(b) Effect of Termination. — Upon the effective date of termination, all rights under this title that were covered by the terminated grants revert to the author, authors, and other persons owning termination interests under clauses (1) and (2) of subsection (a), including those owners who did not join in signing the notice of termination under clause (4) of subsection (a), but with the following limitations:

(1) A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.

(2) The future rights that will revert upon termination of the grant become vested on the date the notice of termination has been served as provided by clause (4) of subsection (a). The rights vest in the author, authors, and other persons named in, and in the proportionate shares provided by, clauses (1) and (2) of subsection (a).

(3) Subject to the provisions of clause (4) of this subsection, a further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is signed by the same number and proportion of the owners, in whom the right has vested under clause (2) of this subsection, as are required to terminate the grant under clauses (1) and (2) of subsection (a). Such further grant or agreement is effective with respect to all of the persons in whom the right it covers has vested under clause (2) of this subsection, including those who did not join in signing it. If any person dies after rights under a terminated grant have vested in him or her, that person’s legal representatives, legatees, or heirs at law represent him or her for purposes of this clause.

(4) A further grant, or agreement to make a further grant, of any right covered by a terminated grant is valid only if it is made after the effective date of the termination. As an exception, however, an agreement for such a further grant may be made between the persons provided by clause (3) of this subsection and the original grantee or such grantee’s successor in title, after the notice of termination has been served as provided by clause (4) of subsection (a).

(5) Termination of a grant under this section affects only those rights covered by the grants that arise under this title, and in no way affects rights arising under any other Federal, State, or foreign laws.

(6) Unless and until termination is effected under this section, the grant, if it does not provide otherwise, continues in effect for the term of copyright provided by this title.

§ 204. Execution of transfers of copyright ownership

(a) A transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or a note or memorandum of the transfer, is in writing and signed by the owner of the rights conveyed or such owner’s duly authorized agent.

(b) A certificate of acknowledgment is not required for the validity of a transfer, but is prima facie evidence of the execution of the transfer if —

(1) in the case of a transfer executed in the United States, the certificate is issued by a person authorized to administer oaths within the United States; or

(2) in the case of a transfer executed in a foreign country, the certificate is issued by a diplomatic or consular officer of the United States, or by a person authorized to administer oaths whose authority is proved by a certificate of such an officer.

§ 205. Recordation of transfers and other documents 4

(a) Conditions for Recordation. — Any transfer of copyright ownership or other document pertaining to a copyright may be recorded in the Copyright Office if the document filed for recordation bears the actual signature of the person who executed it, or if it is accompanied by a sworn or official certification that it is a true copy of the original, signed document.

(b) Certificate of Recordation. — The Register of Copyrights shall, upon receipt of a document as provided by subsection (a) and of the fee provided by section 708, record the document and return it with a certificate of recordation.

(c) Recordation as Constructive Notice. — Recordation of a document in the Copyright Office gives all persons constructive notice of the facts stated in the recorded document, but only if —

(1) the document, or material attached to it, specifically identifies the work to which it pertains so that, after the document is indexed by the Register of Copyrights, it would be revealed by a reasonable search under the title or registration number of the work; and

(2) registration has been made for the work.

(d) Priority between Conflicting Transfers. — As between two conflicting transfers, the one executed first prevails if it is recorded, in the manner required to give constructive notice under subsection (c), within one month after its execution in the United States or within two months after its execution outside the United States, or at any time before recordation in such manner of the later transfer. Otherwise the later transfer prevails if recorded first in such manner, and if taken in good faith, for valuable consideration or on the basis of a binding promise to pay royalties, and without notice of the earlier transfer.

(e) Priority between Conflicting Transfer of Ownership and Nonexclusive License. — A nonexclusive license, whether recorded or not, prevails over a conflicting transfer of copyright ownership if the license is evidenced by a written instrument signed by the owner of the rights licensed or such owner’s duly authorized agent, and if

(1) the license was taken before execution of the transfer; or

(2) the license was taken in good faith before recordation of the transfer and without notice of it.

Chapter 2 Endnotes

1 In 1978, section 201(e) was amended by deleting the period at the end and adding “, except as provided under title 11.”

2 Title 11 of the United States Code is entitled “Bankruptcy.”

3 In 1998, the Sonny Bono Copyright Term Extension Act amended section 203 by deleting “by his widow or her widower and his or her grandchildren” from the first sentence in paragraph (2) of subsection (a) and by adding subparagraph (D) to paragraph (2). Pub. L. No. 105-298, 112 Stat. 2827, 2829.

4 The Berne Convention Implementation Act of 1988 amended section 205 by deleting subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. Pub. L. No. 100-568, 102 Stat. 2853, 2857.

Edward Allen - attorneys at law

The Difference Between Copyright Assignments and Licenses

Share on twitter

The Difference Between Copyright Assignments And Licenses

There are two ways that a copyright owner can transfer some or all of his or her copyright rights: through a license or an assignment.

In an assignment of copyright rights, the owner sells his or her ownership rights to another party and has no control over how the third party uses those rights. A copyright assignment is sometimes referred to as a sales agreement for copyright.

The buyer (assignee) can then use the copyrighted work or do whatever he or she wants with it. He or she all of the assigned rights that the original owner had.

A valid assignment of copyright must be in writing and signed by, or on behalf of, the copyright owner/assignor. The subject of the assignment must be clear as to what copyright is being assigned in which work(s).

In a license of copyright rights, the owner maintains his or her copyright ownership rights, but allows another party (the licensee) to exercise some of those rights without the licensee’s actions being considered copyright infringement. A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder’s rights.

For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the right to use the software in a specified, restricted manner. In return, the user/licensee may agree to limit his or her use of the software in various ways and to pay the copyright owner a license fee.

Unlike a copyright assignment, a copyright license does not have to be in a signed writing. A license can be oral or arise by implication when considering all of the facts and circumstances surrounding the transaction between the copyright owner and the purported licensee.

If you own a copyright in a work that you are thinking about assigning, you should consider whether to license your copyright instead, thus allowing you to retain ownership, and license only certain rights to the other party.

For additional information about the difference between copyright assignments and license, please  contact us .

  • 4829 E Beltline Ave NE, Suite 103 Grand Rapids, MI 49525
  • 616.226.8000
  • Skip to primary navigation
  • Skip to main content
  • Skip to footer

Corporate Law Firm

Assignments and Licensing of Intellectual Property

Intellectual property rights such as patents and copyrights are often transferred in whole or part so that a third party can make use of them. Some common examples of assignments and licensing of intellectual property include an author who licenses her copyrighted novel to a publisher for a time or a software developer that purchases the right to incorporate code created and owned by another into one of its products.

Licenses and Assignments as Options

Licenses and assignments are both ways of granting rights in intellectual property to a third party, but the two alternatives are quite a bit different, and it is important that a person or organization transferring intellectual property rights understand the difference and the ramifications of each. It is equally important that a party seeking to purchase intellectual property rights enters into the type of agreement that will allow the intended use on the intended terms.

Working with an experienced intellectual property lawyer when you are considering entering into a licensing or assignment agreement will ensure that you have the information you need to make the best decision. The attorney can also draft or review the agreement to ensure that the language accurately reflects your intentions and there are no unanticipated obligations or limitations.

Intellectual Property Licensing

Licensing a patent or copyright to a third party means granting that person or organization permission to exercise some or all of your rights. When you grant a license, you still own the intellectual property rights, although the terms of the license may place some limitations on your use of those rights. A license may be exclusive or non-exclusive.

Non-Exclusive Licensing

A non-exclusive license grants a third party the right to use your intellectual property but does not prohibit you from using those rights yourself, or from granting licenses to others. A simple example would be a software platform provider such as Salesforce. Salesforce licenses a customer the right to use its protected intellectual property to manage customer contacts and prospects–the software can even be integrated with other platforms or tweaked to serve the customer’s needs. However, the company’s business model requires that it have the freedom to license that software again and again, to thousands of clients at a time. Thus, the licenses it grants are non-exclusive.

Exclusive Licensing

An exclusive license grants the purchaser the sole right to use the intellectual property, or some portion of it, for either the duration of the licensing period or a portion of the licensing period. For example, when a magazine or other publication purchases an article from a writer, the publication typically takes an exclusive license for a specified period of time, such as 90 days. That short period of exclusivity allows the publication the benefit of being the first to publish and the only source for a period of time. The agreement may also include a non-exclusive license that lasts longer so that the publication can include the piece in anthologies or keep it in an online archive.

Limited Licensing

A license, whether exclusive or non-exclusive, may be limited in various ways. One of the most common is that the license may be time-limited: a license may be granted for a specific time period or in perpetuity. Another is that the license may apply to fewer than all the rights associated with the copyright or patent. For example, a novelist may license book rights to a publisher, but retain movie rights for herself or to license to another party.

Assignment of Intellectual Property Rights

The key difference between a license and an assignment is that an assignment transfers rights away from the original copyright or patent holder. Whereas the licensor retains ownership of the intellectual property rights, the assignor gives up the rights entirely. In simplest terms, licensing is akin to rental, whereas an assignment operates as an outright sale. A copyright or patent holder who has assigned his rights retains no interest in the intellectual property, just as a person who sells a car no longer has a legal interest in that vehicle.

Obviously, a patent or copyright holder who is considering an assignment must think carefully about the legal ramifications and the impact on existing products and systems, and must ensure that the compensation is commensurate with the rights transferred.

Talk to an Intellectual Property Lawyer Before Licensing or Assigning Your Rights

The decision as to whether to license or assign your rights as the holder of intellectual property rights or to pursue a license or assignment as a purchaser, can be a complex one. A miscalculation could mean serious complications and costs. Protect yourself before you start by getting knowledgeable guidance from an experienced attorney at KPPB LAW who can ensure that your agreement protects your interests.

Intellectual Property Attorneys at KPPB LAW

KPPB LAW - Sonjui Kumar 1x1

[email protected]

One Lakeside Commons Suite 800 990 Hammond Drive Atlanta, GA 30328 678-443-2244 [Corporate Office]

7330 Heritage Village Plaza Suite 201 Gainesville, VA 20155 703-594-4040

312-857-5263

12 East 49th Street New York, NY 10017 203-875-0808

161 Kings Hwy E / First Floor Fairfield, CT 06825 203-576-9211

LawBhoomi Logo

Assignment and Licensing of Copyrights under Copyrights Act

  • Intellectual Property Rights Subject-wise Law Notes
  • January 8, 2021

intellectual property rights

Introduction

IP is an intellectual work which is produced by intellectual human brain. For e.g. literary work, musical work, inventions, etc. it is an intangible property. It is described as property because it is capable of sale, purchase, mortgage, etc. the owner if IP has rights over his intangible property. No one can make use of IP without the consent of the owner. IP is made to protect their rights and the infringement.

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input [1] . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Economic rights allow an owner to reap economic benefits from his intellectual creations. According to section 14 of the Copyright Act, 1957, different rights are recognised with respect to the nature of the work. As per this section, it is the exclusive right of the owner to do or authorise the doing of the acts provided thereunder.

Today copyright includes a variety of industries like: the information industry and the entertainment industry and industrial design.

Assignment of Copyrights : Section 18 of Copyrights Act

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. [2] However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence.

In  Video Master v. Nishi  Production [3] , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment: Section 18 of Copyrights Act

As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties.

If the period of assignment is not mentioned it will be deemed to be taken as five years from the date of assignment. If the territorial extent of such assignment is not stipulated, it will be taken as applicable in whole of India.

Also, Section 19(8) contemplates that the assignment of copyright work against the terms and conditions on which rights have been assigned to a particular copyright society where the author of the work is a member shall be void. Further, Section 19(9) and section 19(10) opine that the assignment of copyright for making cinematograph film or sound recording shall not affect the right of the author to claim an equal share of the royalties and consideration payable with respect to use of his protected work.

In  Saregama India Ltd v. Suresh  Jindal [4] , it was held that 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 and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license: : Section 18 of Copyrights Act

The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary.

The mode of license is like an assignment deed, with necessary adaptations and modifications in section 19 (section 30A). Therefore, like an assignment, a license deed in relation to a work should comprise of following particulars:

  • Duration of license
  • The rights which have been licensed
  • Territorial extent of the licensed
  • The quantum of royalty payable
  • Terms regarding revision
  • Extension and termination

Voluntary licenses can be:

Exclusive –  The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Non-exclusive  – It does not confer right of exclusion. It is mere grant of an authority to do a particular thing which otherwise would have constituted an infringement. When owner grants an exclusive right, he denudes himself of all rights and retains no claim on the economic rights so transferred.

Co-exclusive –  Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license  – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license –  Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory Licenses

 Compulsory and statutory licenses can impact both the identity of the licensee who the owner chooses to deal with and the terms, including rates of royalty, that the owner may stipulate for such dealing. Viewed from this perspective, compulsory licenses are less of an infraction on owner autonomy, on both these counts. The owner does retain a fair bit of autonomy to enter into appropriate licensing arrangements with those who he may deem fit, and he is also permitted to negotiate on the terms of the license within the zone of reasonableness. Normally, it is an unreasonable refusal to deal with a person that gives rise to a compulsory license. This brings us to the third important distinction between a compulsory and statutory license. The former is always granted upon specific application by an individual to the competent authority. The latter, on the other hand, is a blanket fixation of rates of royalty by the authority and a grant of standardised licenses to all those who are interested in availing the same. The owner, as a necessary corollary, has no autonomy on the identity of those who obtain the license, or what they pay as royalty for the same.

 Categories of Compulsory Licenses

There are five main categories of compulsory licenses currently operating in India.

 These are:

1. Licenses in respect of works unreasonably withheld from the public;

 2. Licenses in respect of orphan works;

 3. Licenses in respect of works for the differently abled;

 4. Licenses in respect of translations;

5. Licenses in respect of reproduction and sale of works unavailable in India.

Statutory Licenses

 As seen from the above discussion of compulsory licenses, such licenses can be understood as a particularised expropriation of owner autonomy in respect of the copyrighted work. The need for such expropriation arises only upon acts or inaction on the part of the owner that render the work unavailable to the public or differently abled persons. Statutory licenses, on the other hand, do not require any examination into the conduct of the owner. It attempts a wholesale expropriation of owner autonomy, once the work fits within the broader class of works that can be so licensed.

There are two such categories of statutory licenses, namely cover version recording licenses (Section 31C) and broadcasting licenses (Section 31D).

 The first has existed, though as part of the fair dealing exceptions in Section 52, from the very beginning. The second is a very recent addition to the Act vide the 2012 amendment.

The term ‘assignment’ and ‘license’ are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

An assignment may be general, i.e. without limitation or an assignment may be subject to limitations. It may be for the whole term of copyright or any part thereof. An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee. The assignee being invested with the title in the copyright may reassign [5] .

[1] This is known as the ‘Doctrine of Sweat of the Brow’, whereby a work is given copyright protection if the author has applied ‘labour, skill or judgment’ in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

[2] Section 18(2); Copyright Act, 1957.

[3] 23 IPLR 388 (1998).

[4] 2007 (34) PTC 522 (Cal).

[5] Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

Author Name: Muskaan Mathur [Student, Savitribai Phule, Pune University (SPPU)]

You might like

Criminal Law

Makhan Singh vs. State of Punjab, 1988

Contract Act

Lex Non Cogit Ad Impossibilia: The Law Does Not Compel the Impossible

criminal law

Lurking House Trespass in the Indian Penal Code

Leave a reply cancel reply.

Your email address will not be published. Required fields are marked *

Name  *

Email  *

Add Comment  *

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Post Comment

Upgrad

  •   7428818844
  •    Login

docsbizkit

Know the complete Difference between License and Assignment of Copyright

License Vs Assignment of Copyright

Japsanjam Kaur Wadhera | Updated: Jan 04, 2021 | Category: Copyright

A copyright is a right which gives an ownership interest in creative work and provides exclusive rights to utilize the work. The recognition of rights protects the interest of the creators. The subject matters to which copyright protection is given under Section 13 of the Copyright Act 1957 [1] includes musical, literary, dramatic, cinematograph films, architectural, computer program/software, sound recording and artistic works. This article will specifically discuss about the complete difference between license and Assignment of Copyright.

Table of Contents

Assignment of Copyright

Section 18 and 19 of the Copyright Act specifically deals with the assignment of copyright. Assignment simply means the transfer of a particular right, leaving nothing in the assigner qua that particular right and granting the assignee the complete legal interest in the right so assigned. The copyright registration law consists of a bundle of rights which can be assigned completely or partially by the owner. An assignment may be general, that is, wither subject to limitation or without limitations. It may be for any part of the copyright or for the whole term of the copyright.

The assignee may be treated as the owner for the part that is assigned to him but not for any other part of the copyright which has not been assigned to him. Further, the same powers and responsibilities are forwarded to the assignee, that is, as per the agreement, once the assignee enters into it; he will have the right of adaptation, translation, printing, film making and dramatic, performing, reproducing by a mechanical device, publishing of the work.

The assignment of copyrighted work provides the pecuniary opportunity to the first owner of the copyrighted work. If the assignment of copyright is to be done in any future work, then the assignment shall come into effect only when the work comes into the existence.

It is important that the assignment of the copyright work must be done in writing and should be signed by the assignor or by an agent duly authorized by him.

The amount of royalty must be specified when the assignment of copyright work is done along with the duration of the assignment. However, if the assignment deed is silent regarding the duration, it shall be deemed to be for a period of 5 years from the date of assignment. The territorial extent must be specified of such assignment under the agreement deed. If the territorial extent is silent, then it shall be assumed to extend within India.

The assignment of copyright must be subject to the revision, extension or termination on terms mutually agreed upon by the parties. If the assignee fails to exercise his rights within one year from the date of the assignment, the assignment shall be deemed to have lapsed in respect of such right, unless otherwise specified in the assignment deed. If the assignment is contrary to the terms and conditions of the rights already assigned to a copyright society to which a creator is a member, it shall be deemed void.

Further, any dispute arising in respect to the assignment of copyright work shall be settled by the copyright board and the copyright board also has power to revoke the assignment in certain cases under section 19(A).

Section 30 – 32B of the Copyright Act deals with the licences. The term license means the consent of the owner of the copyright to do any act which is exclusive to him as the owner. It is the authorization of an act , which without such authorization would result to an infringement.

License may be non-exclusive or exclusive and may be limited in the territory, time and scope. It should be in writing and duly signed by the owner of the copyright or an agent authorized by him and it should specify particulars like:

  • Duration of the License.
  • Territorial extent of the license.
  • Work identification.
  • Terms regarding the revision, extension and termination.
  • The rights licensed
  • The amount of royal which is payable

What are the Types of License under Copyright?

The types of license under copyright are as follows:

Types of Licence under Copyright

Voluntary License

The voluntary license of copyrighted work comes under section 30 of the copyright act where the owner of the copyright of an existing work or a prospective owner of a future copyright work can allow or grant an interest in the right through a license.

In the cases of the copyright of the future work, the license will come in force only when the work comes into existence.

Compulsory License

The compulsory license of copyrighted work comes under section 31 of the copyright act which is withheld from the public. It gives an exclusive right to do an act without the prior permission of the owner of the copyright. The copyright owner has a right to refuse to republish or permit for the republication of the work or deny permitting the performance of the work in public due to which the work is withheld from the public.

Difference between License and Assignment of Copyright

The owner of the copyright work can generate royalty by assigning his work with the others for correlated benefits. This can be done by the way of either license or assignment. The difference between license and assignment of copyright has been explained above, and the law plays an important role to provide the rights to the copyright owner to assign or transfer these rights of ownership of copyright to the third party.

Also, Read: All you need to know about Copyright of Sound Recording

Japsanjam Kaur Wadhera

Japsanjam Kaur Wadhera is an Advocate and has completed her BA.LLB (Hons) and has experience of writing various research papers during her college time. Earlier she was working as an Associate Advocate in a reputed Law Firm. She has an extreme interest in writing legal content and her core area falls under legal enactments, tax and finance.

Latest Post

Understanding RCMC Certification: Significance and Procedure

  • Understanding RCMC Certification: Significance and Procedure

FSSAI Food License Registration for Online Home Kitchen

  • FSSAI Food License Registration for Online Home Kitchen

FSSAI Licence: Understanding the Types and Significance

  • FSSAI Licence: Understanding the Types and Significance

Copyright Registration in India

  • Copyright Registration in India: Mandatory or Not

Legal Metrology Act 2009: Ascertaining its Significance and Objectives

  • Legal Metrology Act 2009: Ascertaining its Significance and Objectives

Understanding Finance Bill 2023 and its Impact on Charitable Organizations

Understanding Finance Bill 2023 and its Impact on Charitable Organizations

IRDAI License and Certification: Procedure and Significance

IRDAI License and Certification: Procedure and Significance

Understanding RNI Registration

Understanding RNI Registration: A Deep Analysis

NBFC Compliance: Understanding the Regulations

NBFC Compliance Understanding the Regulations

Corporate Identification Number Vs Company Registration Number

Corporate Identification Number Vs Company Registration Number: Comparative Analysis

docsbizkit

Related Blog

Free Call Back by our Expert

Easy Payment Options Available No Spam. No Sharing. 100% Confidentiality

Related Articles

Matters which are Copyrightable

Japsanjam Kaur Wadhera | Date: Mar 10, 2021 | Category: Copyright

What are the matters which are copyrightable.

Copyright is an exclusive right that is provided to the creator or author of the original work for a fixed number of years. The copyright law is governed by the...

Copyright Free and Royalty Free

Karan Singh | Date: Jan 14, 2022 | Category: Copyright

Difference between copyright free and royalty free – an overview.

Copyright Free and Royalty Free are used with great confusion online and it gets even more confusing with offers of Free to Use or No Copyright Music content. Some people...

What are the Benefits of Copyright Registration in India?

Karan Singh | Date: Apr 14, 2021 | Category: Copyright

What are the benefits of copyright registration in india.

In India, the duplicity of innovative work is very common for ages. Most of the infringement acts to avoid the strict provision due to the absence of Copyright protection. Copyright[1]...

Hi! My name is Akanksha! Let's talk.

Share icon

Assignment And Licensing Of Copyright

Contributor

S&A Law Offices weblink

Introduction

Copyright is a protection given to the creators of certain types of works as an acknowledgment to their intellectual input 1 . The objective of copyright has always been the protection of the interest of a creator, coupled with dissemination of knowledge. Though this protection started with the recognition of rights of authors in their books, but modern technology has substantially changed the nature of work and its mode of exploitation.

Economic rights allow an owner to reap economic benefits from his intellectual creations. According to section 14 of the Copyright Act, 1957, different rights are recognised with respect to the nature of the work. As per this section, it is the exclusive right of the owner to do or authorise the doing of the acts provided thereunder.

The owner of copyright work can generate wealth not only by exploiting it himself but also by sharing it with others for mutual benefits. This can be done by way of assignment or licensing of copyright.

Assignment of Copyright (Section 18)

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 2 . However, mere grant of right to publish and sell the copyrighted work amounts to publishing right and not assignment of copyright.

Where the assignee of a copyright becomes entitled to any right comprised in the copyright, he shall be treated as the owner of the copyright in respect of those rights. The assignor shall also be treated as the owner of copyright with respect to unassigned rights. The legal representatives of the assignee shall be entitled to the benefits of assignment, if the assignee dies before the work comes into existence.

In Video Master v. Nishi Production 3 , the Bombay High Court considered the issue whether assignment of video rights would include the right of satellite broadcast as well. The Court agreed with the contentions of defendant that there were different modes of communication to the public such as terrestrial television broadcasting (Doordarshan), satellite broadcasting and video TV. The owner of the film had separate copyright in all those modes, and he could assign it to different persons. Thus, satellite broadcast copyright of film was a separate right of the owner of the film and the video copyright assigned to the plaintiff would not include this.

Mode of Assignment (Section 19)

As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment. Further, it should specify the amount of royalty payable, if any, to the author or his legal heirs during the continuance of assignment and the assignment will be subject to revision, extension or termination on terms mutually agreed upon by the parties.

If the period of assignment is not mentioned it will be deemed to be taken as five years from the date of assignment. If the territorial extent of such assignment is not stipulated, it will be taken as applicable in whole of India.

Also, Section 19(8) contemplates that the assignment of copyright work against the terms and conditions on which rights have been assigned to a particular copyright society where the author of the work is a member shall be void. Further, Section 19(9) and section 19(10) opine that the assignment of copyright for making cinematograph film or sound recording shall not affect the right of the author to claim an equal share of the royalties and consideration payable with respect to use of his protected work.

In Saregama India Ltd v. Suresh Jindal 4 , it was held that 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 and once the assignment is made the assignee for the purpose of this Act is treated as the owner of the copyright.

Disputes with Respect to Assignment of Copyright (Section 19a)

As per section 19(a) the Appellate Board may on the receipt of a complaint from the assignor and on holding such inquiry as it may deem necessary, revoke such assignment, if the 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.

In case of a dispute with respect to the assignment of copyright, the Appellate Board may pass a suitable order on receiving a complaint from the aggrieved party and after holding such inquiry as it considers necessary including an order for the recovery of any royalty payable.

Assignment by Operation of Law (Section 20)

When the owner of a copyright dies the copyright will pass on to his personal representative as part of the estate, provided that no will has been executed. Section 20 provides that if a person is entitled for copyright under bequest and such work has not been published before the death of the testator, unless contrary intention is shown under testators will or any codicil thereto, such person shall be considered as having copyright in the work so far as testator was the owner of copyright immediately before his death.

Licensing of Copyright

The owner of copyright may grant a license to do any of the act in respect of which he has an exclusive right to do. The license can be classified into following categories:

Voluntary license (Section 30)

The author or the copyright owner has exclusive rights in his creative work and he alone has right to grant license with respect to such work. According to section 30 of the Copyright Act 1957, the owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. A license can be granted not only in existing work but also in respect of the future work, in this situation assignment shall come into force when such future work comes into existence. Where a licensee of the copyright in a future work dies before such work comes into existence, his legal representatives shall be entitled to the benefit of the license if there is no provision to contrary.

The mode of license is like an assignment deed, with necessary adaptations and modifications in section 19 (section 30A). Therefore, like an assignment, a license deed in relation to a work should comprise of following particulars:

  • Duration of license
  • The rights which have been licensed
  • Territorial extent of the licensed
  • The quantum of royalty payable
  • Terms regarding revision
  • Extension and termination

Voluntary licenses can be:

Exclusive - The term exclusive license has been defined in Section 2(j) as a license which confers on the licensee and persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright work.

Non-exclusive – It does not confer right of exclusion. It is mere grant of an authority to do a particular thing which otherwise would have constituted an infringement. When owner grants an exclusive right, he denudes himself of all rights and retains no claim on the economic rights so transferred.

Co-exclusive – Here the licensor grants a license to more than one licensee but agrees that it will only grant licences to a limited group of other licensees.

Sole license – Where only the licensor and the licensee can use it to the exclusion of any other third party.

Implied license – Author impliedly allows or permits the use of his work. For example, he had knowledge that someone is using his work but he did not take any action.

Compulsory License

Being a member of Berne Convention, India has incorporated the provision of compulsory license in the Copyright Act, 1957. The Act provides for grant of compulsory license for Indian work in the public interest, in certain circumstances:

Works Withheld from Public

The Indian Copyright Act provides for the grant of compulsory licences in work which has been published or performed in public. It empowers the Appellate Board to direct the Registrar to grant license, if a complaint is made to it in writing under the Act, during the subsistence of copyright stating the necessary facts which are conditions precedent to its exercise of power, provided the owner has been approached in the first instance for the grant of license and it is only if he has refused to publish or allow the republication of the work and by the reason of such refusal the work is withheld from the public. In case where two or more persons have made a complaint, the licence shall be granted to the complainant who in the opinion of the Copyright Board would serve the interest of the general public. In Super Cassette Industries Ltd v. Entertainment Network (India) Ltd, Mumbai 5 the respondents who were running a radio FM channel under the brand name Radio Mirchi, made several attempts to obtain a license from Super Cassette Industries ltd (SCIL) to play its sound recordings but failed to get it. The Copyright Board ultimately issued them a compulsory license against which an appeal has been filed in the Delhi High Court. After contemplating over section 31, Court observed that in case compulsory license had to be granted to all, then there was no need of any enquiry as envisaged by section 31. The court also opined that once the copyright was in public, refusal has to be made on reasonable and valid ground. While making an order under section 31, the Board had to maintain a delicate balance between the private rights and the copyright vis-a vis- public interest. The case was sent back to the Copyright Board for fresh consideration.

Compulsory License in Unpublished or Published Work (Section 31-A)

According to this section, where the author is dead or unknown or cannot be traced , or the owner of the copyright in such work cannot be found, any person may apply to the Copyright Board for a licence to publish such work or translation thereof in any language.

Before making such an application, the applicant should publish his proposal in one issue of a daily newspaper in that language. The application to the copyright board should be in the prescribed form and accompanied by the prescribed fee and with the copy of advertisement issued.

The Copyright Board after making the certain prescribed enquires direct the Registrar of Copyright to grant license to the applicant to publish the work or its translation subject to the payment of royalty and other conditions.

Compulsory License for the Benefit of Disabled Persons (Section 31-B)

Any person working for the benefit of persons with disability on a profit basis or for business may apply in prescribed manner to the Appellate Board for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons. However, where a compulsory licence has been issued, the Appellate Board may on a further application and after giving reasonable opportunity to the owners of the rights, extend the period of compulsory licence and allow the issue of more copies as it deems fit. 6

Statutory License for Cover Versions (Section 31-C)

Cover means a sound recording made in accordance with section 31C. Any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work with the consent or licence of the owner of the work, can do so.

The person making the cover version is required to give prior notice to the owner of the copyright in such works and to the Registrar of Copyright at least 15 days in advance of making the cover version. Advance copies of all covers with which the sound recording is to be sold to be provided or royalties to be paid in advance. One royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each year. The Delhi High Court in Star India Pvt Ltd v. Piyush Aggarwal 7 , stated that sound recording included a subsequent original sound recording made from the musical and literary work and which was called a version recording i.e. a sound recording made after a first sound recording was made by use of the musical work and literary work.

Statutory Licensing for Broadcasting of Literary and Musical Work and Sound Recording (Section 31-D)

Any broadcasting organization, desirous of communicating published work to the public by way of broadcast (by way of television broadcast or radio) or a performance of any published musical/ lyrical work and sound recording, can do so by giving prior notice of this intention to the owners. The notice must specify the duration and territorial coverage of the broadcast. Corresponding royalties are required to be paid to the owner of copyrighted work. Rates of television broadcasting are different from the rate fixed with respect to radio broadcasting. At the time of fixing the rate of royalty the Copyright Board may ask the broadcasting organisation to deposit some amount of money in advance to the owner.

License to Produce and Publish Translation of Literary or Dramatic Work in any Language (Section 32)

Section 32 of the Copyright Act provides that after expiry of a period of seven years from the first publication of a literary or dramatic work, any person may apply to the Copyright Board for a license to produce and publish a translation of work. Where the work is not Indian work, any person may apply to the Board for a license to produce and publish a translation in printed or analogous form of reproduction of a literary or dramatic work in any language in general use in India after a period of three years from the first publication of such work, if such translation is required for the purpose of teaching, scholarship or research. But where translation is in a language not in general use in any developed country, such application may be made after the period of one year from such publication.

License to Reproduce and Publish Works for Certain Purposes (Section 32-A)

According to this section, any person may apply to the Copyright Board for a license to reproduce and publish any literary, scientific or artistic work after the expiration of the relevant period from the date of first publication of an edition of such work, if the copies of such edition are not made available in India , or such copies have not been put on sale in India for a period of six months to the general public or in connection with systematically instructional activities at a price reasonably related to that normally charged in India for comparable works by the owner of the right of reproduction or by any person authorised by him in this behalf.

The period prescribed are:

  • Seven years for work related to fiction, poetry, drama, music or art
  • Three years for works related to natural science, physical science mathematics or technology
  • Five years for any other work

The term 'assignment' and 'license' are not interchangeable. An assignment is different from a license. Generally, in absence of any provision to the contrary the assignee becomes the owner of the assigned work, whereas in case of a license the licensee gets the right to exercise particular rights only.

An assignment may be general, i.e. without limitation or an assignment may be subject to limitations. It may be for the whole term of copyright or any part thereof. An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by licensee. The assignee being invested with the title in the copyright may reassign 8 .

1 This is known as the 'Doctrine of Sweat of the Brow', whereby a work is given copyright protection if the author has applied 'labour, skill or judgment' in creating the work irrespective of the level of originality in the work. Evolved from the decision in Ladbroke v William Hill, [1964] 1 All E.R. 465.

2 Section 18(2)

3 23 IPLR 388 (1998)

4 2007 (34) PTC 522 (Cal )

5 (2004) 29 PTC 8 (DEL)

6 Indian Copyright Act, 1957, Sec- 32 (B)

7 2014 (58) PTC 169 (Del)

8 Deshmukh & co (publishers) pvt ltd v/s avinash vishnu khadekar 2006 (32) PTC 358 (Bom)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Photo of Ishan  Sambhar

Intellectual Property

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

TERM OF COPYRIGHT AND ASSIGNMENT- LICENSING (SEC 18-31)

Published by admin on august 25, 2023 august 25, 2023.

assignment of copyright and licenses

This article is written by Smriti Jha of Lloyd Law College, Greater Noida, an under Legal Vidhiya

Copyright is a legal privilege provided to intellectual property owners.  It is the right to copy, as the phrase implies. Thus, copyright means that when someone makes a thing, they possess the right to it. As a result, only that person or anybody they authorize has the exclusive right to replicate that work.

The owner of copyrighted material makes a profit not just by exploiting it but also by sharing it with others for mutual gain. The assignment or licensing of copyright can accomplish this.

Copyright license and assignment of copyright are two distinct phrases that should not be used interchangeably.

In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

Keywords:  Copyright, Right, Authorize, Assignment, Licensing.

Introduction

Copyright is an intellectual property right granted by the law to the creator of literary, theatrical, musical, and creative work, as well as the maker of cinematograph films and sound recordings. It also applies to architectural works and computer software/programs. It can be viewed as a collection of rights that include the right to reproduce, communicate, adapt, and translate the work. Copyright protects writers’ rights to their creations and, as a result, tries to encourage creativity.

Copyright license and copyright assignment are two distinct concepts that should not be used together. In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

A copyright assignment occurs when the owner of a copyright transfers ownership to another person or organization. [1]

Termination:

  • Creator has the right to claim damages when the goodwill of the owner/creator is harmed by the omission of any act done by the assignee.
  •  If both parties agree to cancel the assignment.
  •  If the assignee does not exercise the rights assigned to him within one year of the date of the assignment, it shall be presumed to have lapsed unless otherwise specified. [2]

Difference Between Copyright Assignment and Licensing

Copyright license and assignment of copyright are two distinct phrases that should not be used interchangeably Each one is distinct in its own way. A license authorizes conduct; without it, the authorization would be considered an infringement. Licensing typically entails authorizing a subset of numerous rights. It may be exclusive or non-exclusive. In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and ownership is not transferred to the licensee.

A license does not give the licensee any rights against a third party or the licensor, while an exclusive licensee has significant rights against the licensor, including the right to sue the licensor.

A licensee has the freedom to make changes as long as his license does not restrict that ability. If the royalties are not paid, the licensor has the right to withdraw the license. It is not possible to do the same with the assignment. However, if there is anything unpleasant that can harm the author, it may result in revocation if a complaint is filed with the copyright board.

Unlike a copyright assignment, a copyright license must be in writing. It can be either spoken or inferred after taking into account all of the facts and circumstances surrounding the transaction between the owner of the copyright and the licensee

 If an owner of a copyrighted work considers assigning the copyright, he should consider licensing it rather than transferring it. It would aid in keeping ownership and hence licensing only provides specific rights to another party.

In the case of assignment, it includes the disposal of the copyright, which means the assignor assigns the copyright to another person or transfers ownership of the copyright to another person.

Assignment of Copyright

No one is qualified to duplicate, recreate, distribute, or offer a unique composition, painting, emotional generation, form, and so forth without the consent of the maker. As a result, the law grants the maker (creator) of the copyright the power to transfer ownership of the copyright to a third party. [3]

A license authorizes conduct; without it, the authorization would be considered an infringement. Licensing typically entails authorizing a subset of numerous rights

As a result, the law gives the maker (creator) of the copyright the authority to transfer ownership to a third party.

They are mentioned below:

  • The time period of the license
  •  The rights that have been licensed
  • The geographical limit or extent of the license
  • The amount of royalties that will be paid as compensation.
  •  Clauses & Conditions pertaining to termination, modification & extension. [4]

Assignment of copyright

Assignment of Copyright The owner of a copyright to an existing work or a future work may assign his copyright to anyone. The assignee who gets the assignment from the owner has the same rights to the copyright as the owner. The owner may put general or partial limitations on the assignee in order to enjoy shared benefits in the copyrights. However, selling a copyrighted work and surrendering the right to publish it does not constitute an assignment of copyright; rather, it is merely a publishing right.

There will be no assignments where the work did not exist at the time of copyright assignment. In the case of a future assignment of copyright, it will take effect when the work is created. When the assignee acquires the copyrights, he is treated as the copyright owner. In the event of the assignee’s death, the legal representative is entitled to the advantages of the assignment of copyright.

Mode of assignment

Section 19 of the legislation allows for the assignment of copyright under the following conditions:

  • Copyright for any work can be assigned to an assignee in writing and formally signed by the assignor or his agent.
  • The copyright assignment must identify the rights assigned as well as the duration and territorial scope of the assignment.
  • The copyright assignment can be changed, extended, or cancelled on mutually agreed-upon terms. The assignment must include a significant payment amount paid to the author or his legal heirs during the copyright assignment.
  • If the assignee does not utilize his copyright assignment rights within one year of the date of the assignment, such rights are assumed to have lapsed.
  • If not clearly stated, copyright assignment will endure up to five years.
  • If not particularly stated, the assignment of copyright shall cover the entire country of India.
  • Any work that violates the rules and circumstances of the assignment of copyright in the field in which the author works is void.

Section 19A

Disputes Regarding Copyright Assignment

The Appellate Board will conduct an inquiry on behalf of the party if it receives a complaint under section 19(A) of the act. If the other party fails to comply with the terms and conditions stated at the time of assignment, the Appellate Board may:

      Recall the assignment.

Recovering any owed royalties

Note: The Appellate Board must issue final orders within six months of receiving the complaint. In the event of a delay, the Appellate Board shall record the grounds for the same. (According to Section 19A (3) of the Copyright Act of 1957).

Copyright in manuscripts is transferred through testamentary disposal

Section 20 states that if a person is entitled to copyright under bequest and such work has not been published before the testator’s death, unless a contrary intention is shown in the testator’s will or any codicil thereto, such person is considered to have copyright in the work to the extent that the testator was the owner of copyright immediately before his death.

Right of author to relinquish copyright

Section 21 of the Act gives the owner of a work the option to give up all or any of the rights in the work. As the term implies, relinquishment refers to the author’s surrender or abandonment of the rights in the copyrighted work. This usually signifies that the author’s rights have been surrendered or abandoned, and he or she can no longer claim ownership of the work. The author can choose which rights they want to relinquish.

     Section 22

Term copyright in published literary, dramatic, musical, and artistic works

There are certain restrictions that must be met in order to obtain protection under the Copyright Act of 1957. These restrictions can be broadly grouped into three categories: a limited period of copyright permissible uses, non-voluntary licensing (statutory license), and statutory licenses. The duration or term of the copyright is discussed further below.

Chapter V of the Indian Copyright Act of 1957 specifies the duration of copyright protection. Section 22 of the Act provides that the term of copyright in published literary, dramatic, musical, and artistic works must survive, if published during the author’s lifetime, until sixty years after the author’s death, commencing with the first day of the calendar year following his or her death. In this section, the reference to the author shall be construed as a reference to the author who dies last in the case of a work of joint authorship. The Amendment of 1992 expanded this duration from fifty to sixty years.

In the case of a cinematograph film, sound recording, photograph, posthumous publications, or anonymous organizations, the sixty-year period begins on the date of publication.

Copyright terms in anonymous and pseudonymous works

If the work is published anonymously, that is, when the author of the work is unknown. According to Section 23 of the Copyright Act of 1957, the copyright term of an anonymous publication is also sixty years, computed from the beginning of the calendar following the year the work was originally published. The part also allows for the author’s identity to be revealed. In its proviso, it is stated that if the identity of the author is revealed before the expiration of the abovementioned term, the copyright exists for a period of sixty years, calculated from the start of the calendar year following the year in which the work is first published.

Term of Copyright in Posthumous Work

It is the publication of a work after the author’s death. The term of copyright protection for a posthumous publication is sixty years, and unlike in other jurisdictions, this time is computed from the date of publication.

Term of copyright for photographs

The Indian Copyright Act grants copyright in photographs for a term of 60 years from the beginning of the calendar year succeeding the year in which the photograph is published. However, the 2012 amendment deleted this section.

Term of Copyright in Cinematograph Films

Cinematograph Films has a copyright that lasts for sixty years from the start of the calendar year following the year in which the film is published.

Term of copyright in sound recording

Sound recording copyright is valid for sixty years from the beginning of the calendar year following the year in which the sound recording is published.

Term of Copyright Government works

In the event of a Government production, when the Government is the first owner of the copyright, the copyright lasts for sixty years from the start of the calendar year following the year in which the work was first published.

Section 28A

Copyright terms in works of public ventures

The copyright term in which a public undertaking is the first proprietor. When a public undertaking is the first owner of the copyright in a work, the copyright lasts for sixty years from the beginning of the calendar year following the year in which the work is first published.

Copyright in international organization’s works

In the case of an international organization’s work to which the requirements of section 41 apply, copyright lasts for sixty years from the start of the calendar year succeeding the year in which the work is first published.

Licenses by owners of copyright  

The owner of the copyright in an existing work or in future works may give any interest in the copyright through a license. The license can be issued in writing by the owner and signed by him or an approved agent. A copyright license for any future work shall take effect only when the work is created. In the absence of any provision, the legal representative is entitled to the advantages of the license.

Application of Section 30(A)

The provisions that were applicable in section 19 in connection to the assignment of copyright, with relevant adaptations and amendments, will be applied in the event of the license granted by the owner.

  Compulsory license in works withheld from public

Section 31 of the Indian Copyright Act allows a complaint to be filed with the Copyright Board, the jurisdiction of which has now been transferred to the Intellectual Property Appellate Board when such rejection has resulted in the work being withheld from the public.

Section 31A

Section 31A deals with a compulsory license in unpublished or published works.

Section 31B

Section 31B deals with compulsory licenses for the benefit of the disabled.

Section 31C

Section 31C deals with statutory licenses for cover versions.

Section 31D

Section 31D deals with statutory licenses for the broadcasting of literary and musical works and sound recordings.

Advantages of Licensing

  • It has the potential to improve marketing.
  • It aids in increasing income while lowering production costs.
  • It aids in the commercial expansion of a company. The licensing process makes it considerably easier to introduce work into other markets.
  • Investments are relatively cheap, but there are payments in the form of royalties in return.
  • Flexible in nature, as the parties have the right to make changes according to the circumstances.

   Advantages of Assignment

  • It contributes to increased financial advantage because the owner of the work can assign his whole ownership to a third party for a lump sum payment.
  •  It aids in risk mitigation and cost reduction.
  • The assignment clarifies ownership in the event that many parties claim ownership.

Copyright protects and promotes creativity by providing some basic safeguards for writers’ rights to their works. The Copyright Act of 1957 governs the assignment and licensing of copyright in India, with distinct sections governing each procedure. Licensing is the temporary transfer of some exclusive rights to a licensee. The assignment, on the other hand, entails the permanent transfer of all or some of the exclusive rights to an assignee. Copyright holders should also meticulously document the specifics of the agreement, including any payment conditions, royalties, and performance dates.

  • https://www.legalserviceindia.com/legal/article-142-copyright-ownership-and-assignment-of-rights. Last seen on 19/08/2023
  • https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023
  • https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing- Last seen on 21/08/2023

[1] https://www.legalserviceindia.com/legal/article-142-copyright-ownership-and-assignment-of-rights . Last seen on 19/08/2023

[2] https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023

[3] https://blog.finology.in/Legal-news/Copyright-Assignment-Modes-and-Termination Last seen on 20/08/2023

[4] https://www.legalbites.in/category-intellectual-property-rights/copyright-assignment-and-licensing- Last seen on 21/08/2023

Admin

Leave a Reply Cancel reply

Avatar placeholder

Your email address will not be published. Required fields are marked *

Save my name, email, and website in this browser for the next time I comment.

Related Posts

Intellectual property rights opportunity, ipr week by uslls, ggsipu [april 22 – 26; prizes up to rs. 17k]: register now..

Spread the loveRegistrations invited for IPR Week by USLLS, GGSIPU from April 22 to 26. Read complete details inside. Register Now! About University School of Law and Legal Studies University Established in 2001, the University School Read more…

ISSUES IN DIGITAL COPYRIGHT

Intellectual Property Rights

Issues in digital copyright.

Spread the loveThis article is written by Advocate Neha Kaushik at Jodhpur, Rajasthan, an intern under Legal Vidhiya ABSTRACT This article explores the concept of copyright in the digital era comprehending the infringement of copyright Read more…

BRIEF INTRODUCTION RELATED TO INTERNATIONAL TREATIES AND CONVENTIONS UNDER PATENT LAW

BRIEF INTRODUCTION RELATED TO INTERNATIONAL TREATIES AND CONVENTIONS UNDER PATENT LAW

Spread the loveThis article is written by Prapti Hota of 8th Semester of KIIT School of Law, Bhubaneswar, an intern under Legal Vidhiya ABSTRACT This abstract emphasizes the collaborative nature of these treaties, encouraging uniformity Read more…

Search bar.

  • Legal Queries
  • Files 
  • Online Law Courses 
  • Lawyers Search
  • Legal Dictionary
  • The Indian Penal Code
  • Juvenile Justice
  • Negotiable Instruments
  • Commercial Courts Act
  • The 3 New Criminal Laws
  • Matrimonial Laws
  • Data Privacy
  • Court Fees Act
  • Commercial Law
  • Criminal Law
  • Procedural Law
  • The Constitutional Expert
  • Matrimonial
  • Writs and PILs
  • CrPC Certification Course
  • Criminal Manual
  • Execution U/O 21
  • Transfer of Property
  • Domestic Violence
  • Muslim Laws
  • Indian Constitution
  • Arbitration
  • Matrimonial-Criminal Law
  • Indian Evidence Act
  • Live Classes
  • Writs and PIL

Upgrad

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Twinkle Madaan

Twinkle Madaan

Assignment And Licensing Of Copyrights

CCI Online Learning

Coverage of this Article

Key takeaways.

-The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.

Introduction

-Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution.

Assignment of Copyrights (Section 18)

-The owner of a work's copyright has the ability to assign his copyright to anyone else.

Mode of Assignment (Section 19)

-According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative.

Disputes with Respect to Assignment of Copyright (Section 19a)

-According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

Assignment by Operation of Law (Section 20)

-If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate.

Licensing of Copyright

-The owner of a copyright may give a license to perform any of the acts over which he has sole authority.

Section 18 of the Copyrights Act defines a: Voluntary Licence

-The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.

Compulsory license

-Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish.

Statutory license

-Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior

-The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment.

  • The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work.
  • If the assignment period is not specified, it will be assumed to be five years from the date of assignment.
  • In the event of a dispute over the assignment of copyright, the Appellate Board may issue a proper order after receiving a complaint from the aggrieved party and conducting any investigation it deems necessary, including an order for the recovery of any royalties due.
  • The owner of the copyright may also give a license to perform any of the acts over which he has sole authority.

Copyright is legal protection granted to creators of certain types of works in recognition of their intellectual contribution. The purpose of copyright has always been to safeguard a creator's interests while also disseminating knowledge. Though this protection began with the acknowledgment of authors' rights in their writings, contemporary technology has fundamentally altered the nature of work and the means by which it is exploited. An owner's economic rights allow him to profit financially from his intellectual contributions.

Different rights are recognized depending on the nature of the work, according to Section 14 of the Copyright Act of 1957. According to this provision, the owner has the exclusive authority to perform or authorize the performance of the activities listed.

  • The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. The mere grant of the right to publish and sell the copyrighted work, on the other hand, is a grant of publishing rights rather than a copyright assignment.
  • When an assignee of copyright becomes entitled to any of the copyright's rights, he is treated as the copyright's owner in respect of those rights. In the case of unassigned rights, the assignor is also considered the copyright owner. If the assignee dies before the task is completed, the legal representatives of the assignee are entitled to the assignment benefits.
  • In Video Master v. Nishi Production, the Bombay High Court reviewed whether a video rights assignment would include the right to broadcast through satellite as well. The Court agreed with the defendant's assertions that there were various channels of public communication, including terrestrial television transmission (Doordarshan), satellite broadcasting, and video television. In all of those modalities, the film's owner owned distinct copyright, which he might assign to multiple people.
  • As a result, the satellite broadcast copyright of a film was a separate right of the film's owner, and the plaintiff's video copyright did not include it.
  • According to section 19, a copyright assignment is only legal if it is made in writing and signed by the assignor or his lawfully authorized representative. The assignment of a copyright in a work should identify the work and specify the type of rights given, as well as the assignment's duration and territorial scope. It should also include the amount of royalty payable, if any, to the author or his legal heirs during the time of the assignment, as well as the fact that the assignment may be revised, extended, or terminated on mutually agreed-upon terms.
  • If the assignment period is not specified, it will be assumed to be five years from the date of assignment. If the territorial scope of the assignment is not specified, it will be interpreted to apply to the entire country of India.
  • Section 19(8) also states that copyright work assigned in violation of the terms and conditions under which rights have been assigned to a particular copyright organization where the author of the work is a member is void.
  • In addition, Sections 19(9) and 19(10) state that the assignment of copyright for the purpose of making a cinematograph film or sound recording does not affect the author's entitlement to an equal part of the royalties and consideration due for the use of his protected work.
  • It was held in Saregama India Ltd v. Suresh Jindal that the owner of the copyright in a future work may assign the copyright to any person for the whole or part of the copyright and that once the assignment is made, the assignee is treated as the owner of the copyright for the purposes of this Act.
  • According to Section 19(a), if the assignee fails to make sufficient use of the rights assigned to him and such failure is not attributable to any act or omission of the assignor, the Appellate Board may revoke the assignment after receiving a complaint from the assignor and conducting such inquiry as it deems necessary.

If the owner of the copyright dies without leaving a will, the copyright will pass to his personal representative as part of his estate. Section 20 states that if a person is entitled to copyright under bequest and the work has not been published before the testator's death unless the testator's will or any codicil thereto expressly states otherwise, such person is considered to have copyright in the work to the extent that the testator was the owner of copyright immediately before his death.

The owner of a copyright may give a license to perform any of the acts over which he has sole authority. The following are the different types of licenses:

  • The author or copyright owner has exclusive rights to his or her creative work, and he or she is the only one who may grant a license for it.
  • The owner of the copyright in a work may give any interest in his copyright to any person by license in writing, which must be signed by him or his duly authorized representative, according to Section 30 of the Copyright Act 1957.
  • A license can be issued not only for existing work but also for future work; in this case, the assignment will take effect when the future work is completed. If there is no stipulation to the contrary, a licensee of the copyright in a future work who dies before that work comes into existence will be entitled to the benefit of the license.
  • The license mode is similar to an assignment deed, with section 19 providing the appropriate changes and alterations (section 30A). As a result, just like an assignment, a licensing deed for a work should include the following information:
  • Duration of license
  • The rights which have been licensed
  • Territorial extent of the licensed
  • The quantum of royalty payable
  • Terms regarding revision
  • Extension and termination
  • Compulsory and statutory licenses can affect the identification of the licensee with whom the owner chooses to do business, as well as the terms, including royalty rates, that the owner may establish. Compulsory licenses, when viewed in this light, are less of a violation of owner sovereignty on both grounds.
  • The owner does maintain some liberty in terms of entering into proper licensing agreements with those he sees fit, and he is also allowed to negotiate the terms of the license within reason.
  • A compulsory license is usually triggered by an unjustified refusal to deal with a person.
  • This takes us to the third key difference between a mandatory and statutory license. The former is always granted after an individual makes a specific request to the appropriate authority.
  • The latter, on the other hand, is the authority's broad setting of royalty rates and the issuance of standardized licenses to all those who wish to use them. As a necessary corollary, the owner has no control over the identities of persons who receive the license or the amount of royalties they pay.
  • Statutory licenses, on the other hand, do not necessitate any investigation into the owner's behavior. Once the work fits into the broader class of works that can be licensed in this way, it tries a wholesale expropriation of owner autonomy.
  • Cover version recording licenses (Section 31C) and broadcasting licenses are the two types of statutory licenses (Section 31D).
  • The first has existed since the beginning, however as part of the fair dealing exceptions in Section 52. The second is a relatively new addition to the Act, as it was amended in 2012.

The terms "assignment" and "licensing" are not synonymous. A license is not the same as an assignment. In general, unless otherwise stated, the assignee becomes the owner of the assigned work, but in the event of a license, the licensee merely receives the right to exercise specific rights.

An assignment might be broad, i.e. without restrictions, or specific, i.e. with restrictions. It could be for the entire copyright term or just a portion of it. As stipulated by Section 14 of the Act, an assignment transfers an interest in and deals with copyright, whereas a license does not convey the copyright but merely offers permission to do something that would be illegal otherwise. An assignment grants copyright ownership, but a license just allows the licensee to do specified things. The assignee who has been given the copyright title may reassign it.

assignment of copyright and licenses

Click here to Get More Content on LCI Android App

assignment of copyright and licenses

Category Others , Other Articles by - Twinkle Madaan  

Recent Articles

  • Demystifying the Burden of Proof in Indian Criminal Cases
  • Exploring Grave And Sudden Provocation Under The Indian Penal Code 1860
  • Unsoundness Of Mind As A Defence From Criminal Liability
  • Land Acquisition: Insights Into Uttar Pradesh�s Urban Planning And Development Act Of 1973
  • Understanding Paid Menstrual Leaves: Insights And Implications For India
  • Basic Understanding Of Labor Laws In India From A Layman�s Point Of View
  • The Doctrine of Frustration (Indian Contract Act, 1872)
  • The High Court�s Revisionary Power: Scope And Implications
  • Shield Turned Weapon: Decoding Misuse Of Sec 498a Ipc
  • Condonation Of Delay Under Section 5 Of The Limitation Act

More »

Article Writer of the Month

Popular Articles

  • Children Of Armed Forces Cannot Be Discriminated Due To Place Of Posting Of Parents: SC
  • Scope And Relevance Of Statements Recorded Under Section 161 Of Criminal Procedure Code (crpc)
  • All About The The Best Evidence Doctrine In Descriptive Detail
  • Accused Not Entitled To Pre-hearing Before Lodging Of FIR: Chhattisgarh HC
  • Data Subject Rights And Protection In Indian Legislation: A Comparative Analysis (gdpr Vs. Dpdpa)
  • Cyber Appellate Tribunal and it's significance in India: A Short Analysis

LCI Articles

You can also submit your article by sending to email

Browse by Category

  • Business Law
  • Constitutional Law
  • Labour & Service Law
  • Legal Documents
  • Intellectual Property Rights
  • Property Law

update

  • Top Members
  • Share Files
  • LCI Online Learning

Member Strength 9,51,530 and growing..

Download LCI APP

LCI Android App

Our Network Sites

CAclubindia

  • We are Hiring
  • Terms of Service
  • Privacy Policy

© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.

Lawyersclubindia Search

Whatsapp groups, login at lawyersclubindia.

login

Alternatively, you can log in using:

Facebook

File Your Income Tax Return Before 31 st July 2024. Charges Only ₹999 ₹499.

Legal Window Logo

  • Startup Registration
  • Private Limited Company Registration
  • Public Limited Company Registration
  • One Person Company Registration
  • Limited Liability Partnership Registration
  • Nidhi Company Registration
  • Producer Company Registration
  • NBFC Company Registration
  • Micro Finance Company Registration
  • Partnership Firm Registration
  • Proprietorship Firm Registration
  • Indian Subsidiary Registration
  • Branch Office Registration in India
  • Import Export Code Registration
  • GST Registration
  • FSSAI Registation
  • PF / ESI Registration
  • MSME Registration
  • Shop Act Registration
  • RERA Registration
  • ISO Certification
  • Drug Licence
  • NGO Registration
  • Section-8 Company
  • Society Registrations
  • Trust Registration
  • FCRA Registration
  • 80G-12A Registration
  • Corporate Social Responsibility
  • Trademark Registration
  • Trademark Renewal
  • Trademark Objection Reply
  • Trademark Opposition
  • Copyright Registration
  • Design Registration
  • Provisional Patent
  • Patent Registration
  • ITR Filing for NRIs
  • ITR Filing for Individuals
  • ITR Filing for Company
  • ITR Filing for Society / Trust
  • ITR Filing for Partnership Firms
  • TDS Returns Filing
  • Income Tax Notice Reply
  • Scrutiny Notice
  • GST Returns Filing
  • GST Annual Returns
  • GST Cancellation
  • E-Way Bills
  • ROC Filing for Pvt Ltd Company
  • ROC Filing for LLP Business
  • XBRL Filing
  • PF / ESI Returns
  • RBI Compliance
  • Accounting & Book Keeping
  • Change Company Name
  • Change Office Address
  • Increase Authorized Capital
  • Company Share Transfer
  • Revival of Strike Off Company
  • Closure of Pvt Ltd Company
  • Closure of LLP Business
  • Strike Off Secion-8 Company
  • Director KYC DIR-3
  • Appointment of Director
  • Removal of Director
  • Removal of Director Disqualification
  • Add / Remove LLP Partners
  • LLP to Pvt Ltd Company
  • Pvt Ltd to Public Company
  • Propreitorship to Pvt Ltd Company
  • Partnership to LLP
  • Consult with Chartered Accountant
  • Consult with Company Secretary
  • Consult with Corporate Lawyer
  • Consult with Tax Consultant
  • Shareholder’s Agreement
  • Share Purchase Agreement
  • Employment Contracts
  • Legal Notice
  • Power of Attorney
  • Memorandum of Understanding (MOU)
  • Partnership Deed
  • Business Transfer Agreement
  • Dispute Settlement Agreement

Assignment and Licensing of Copyright

  • July 18, 2023
  • Trademark Registration/IPR

Licensing of Copyright

What is Licensing of Copyright?

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.

What is the Assignment of Copyright?

  • 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.
  • It is vital to note that the transfer of copyright is a permanent transfer of ownership, and the copyright owner loses all rights to the work once the transfer is completed. The transferor must also notify the United States Copyright Office of the transfer within three (3) months of the assignment.
  • It is also worth noting that copyright assignments can be complex. Any person considering an assignment of copyright should look for professional legal advice to ensure that the transaction is executed correctly and that all necessary terms are included in the assignment agreement.

What is the Applicability of Assignment & Licensing of Copyright?

The applicability of Assignment & Licensing of Copyright depends on certain circumstances and the goals of the copyright owner. Here are some of the most usual  scenarios where these mechanisms are used:

  • Licensing of works for commercial purposes : Licensing is commonly used by copyright owners to permit others to use their works for commercial purposes, such as publishing books, producing movies, or selling music. The license agreement sets out the terms and situations under which the work may be used, including the period of the license, the territory in which the work may be used, and the royalty that the licensee must pay the copyright owner.
  • Licensing of works for non-commercial purposes: Non-commercial licensing is commonly used to permit others to use copyrighted works for educational, research, or non-profit purposes. The license agreement may be absolute or non-exclusive and include clauses that permit the licensee to make copies of the particular work or issue the work to others.
  • Selling or assigning copyright : Copyright assignment is a permanent transfer of all the exclusive rights in a copyrighted work from one party to one more. The assignment agreement sets out the terms and conditions of the transfer and must be in writing and signed by the copyright owner. Copyright transfer is usually done for consideration (i.e., payment) but can also be done as a gift or for a public benefit.

Overall, assigning and licensing copyright can be a powerful tool for copyright owners to monetize and protect their intellectual property rights while at the same time allowing others to use their works in a specific way.

The Copyright Act of 1957

  • The copyright licensing and assignment provisions in India are ruled by the Copyright Act of 1957, which sets out the legal framework for copyright protection in creative works such as literary works, artistic works, sound recordings, and computer software.
  • The Copyright Act of 1957 sets out the exclusive rights of copyright owners in their works and provides for the transfer of these rights through licensing and assignment. The Act also provides for copyright registration , the enforcement of copyright, and civil and criminal penalties for unauthorized use or infringement of copyright.
  • It is vital to point out that the Copyright Act of 1957 has been amended several times to keep pace with evolving technologies and changing needs. The Act also allows harmonizing Indian copyright law with international copyright law by implementing various international treaties and conventions.

What is the process of Assignment & Licensing of  Copyright ?

The process of Assignment & Licensing of Copyright involves several steps that must be taken to transfer or grant the rights to use copyrighted works legally. The procedure may differ on the specific circumstances and the goals of the copyright owner, but here is a usual outline of the process:

  • Negotiation: The first step in the licensing or assigning process is negotiation. It involves a discussion between the copyright owner and the prospective licensee or assignee to determine the terms and conditions of the agreement. The negotiation process may involve several rounds of discussion and the exchange of draft agreements.
  • Drafting of the License or Assignment Agreement: Once the rules and requirements of the agreement have been negotiated, the next step is to draft the license or assignment agreement. The contract must be in writing and signed by both the copyright owner and the licensee or assignee. The agreement should include specific provisions related to the rights being granted, the duration of the license or assignment, the territory of use, and the royalty rate.
  • Execution of the License or Assignment Agreement: After the agreement has been drafted, it must be executed by both parties. It involves signing the document and then exchanging copies of the signed agreement.
  • Notification of the Copyright Office: If the agreement involves a transfer or assignment of copyright , the copyright owner must notify the United States Copyright Office of the transfer or assignment. It can be done by submitting a copy of the agreement to the Copyright Office and paying the required fee.

It is important to note that licensing or assigning copyright is a complex legal matter. It is always advisable to seek professional legal advice from an intellectual property lawyer before entering any copyright agreement.

What are the Documents Needed for the Assignment & Licensing of Copyright?

The documents needed for Assignment & Licensing of Copyright can vary depending on the copyright owner’s specific circumstances and goals. However, here are some of the most common documents involved in the process:

  • License and Assignment Agreement : This document sets out the terms and conditions of the license or assignment, including the duration of the license or assignment, the rights being granted, the royalty rate, and any other relevant provisions. The agreement must be in writing and signed by both the copyright owner and the licensee or assignee.
  • Copyright Ownership Certificate or Certificate of Copyright Registration : If the copyright owner has registered the work with the United States Copyright Office, the licensee or assignee must provide a certified copy of the certificate. This document provides proof of the copyright owner’s ownership of the work.
  • Copyright Transfer Agreement: If the copyright owner is transferring the exclusive rights to use the work to someone else, a copyright transfer agreement must be executed by both parties. This document sets out the terms and conditions of the transfer, including the duration, the rights being transferred, and any other relevant provisions.

It is important to note that the specific documents required for licensing and assigning copyright may vary depending on the jurisdiction and the specific circumstances of the copyright owner. It is always advisable to seek professional legal advice from an intellectual property lawyer before entering any copyright agreement.

Types of Assignment & Licensing of Copyright in India

The main types of licenses in india are:.

  • Exclusive License: This gives the licensee exclusive rights to the copyrighted work for a specific purpose for a specific time. The licensee has the right to prevent any other person from exercising the same rights.
  • Non-exclusive License: This gives the licensee the right to use the copyrighted work on a non-exclusive basis. The copyright owner may grant the same license to more than one party.
  • Limited License: This gives the licensee the right to use the copyrighted work in a specified territory or for a specified use.
  • Revocable License: The copyright owner can revoke this license at any time.

  The main types of assignments are:

  • Exclusive Assignment: This gives the assignee exclusive rights to the copyrighted work. The assignee has the right to prevent any other person from exercising the assigned rights.
  • Non-exclusive Assignment : This gives the assignee the right to use the copyrighted work non-exclusive.
  • Partial Assignment: This gives the assignee the right to use the copyrighted work for a specific purpose, territory, or time.

It is important to note that copyright enforcement in India is challenging due to a lack of awareness and resources. It is, therefore, important for copyright owners to carefully draft and execute licensing and assignment agreements and seek professional legal advice to protect their rights.

What are the Advantages and Disadvantages of Assignment & Licensing of Copyright?

  • Advantages of licensing include the ability to control and limit the use of copyrighted work and the ability to collect royalties for each use of the work.
  • Disadvantages of licensing include the need to negotiate a new license agreement for each new use of the work and the risk that the licensed work may be used in a way that damages the copyright owner’s reputation.

Assignment:

  • Advantages of assignment include the ability to permanently transfer all or some of the rights in work and the ability to completely pass on responsibility for the copyrighted work to a new owner.
  • Disadvantages of assignment include the risk that the copyright owner may only be able to reclaim the rights in the work if the assignee defaults on the agreement and the need to properly execute the assignment agreement to ensure it is legally binding and enforceable.

Overall, the choice of licensing or assignment will depend on the specific circumstances and goals of the copyright owner. It is vital to seek professional legal advice from an intellectual property lawyer before choosing the appropriate mechanism to transfer or license the rights in a copyrighted work.

What are the Important Differences Between Assignment & Licensing of Copyright?

Assignment & Licensing of Copyright in India are regulated by the Copyright Act of 1957 and governed by specific sections on each mechanism. Licensing involves temporarily transferring some of the exclusive rights to a licensee. In contrast, the assignment involves a permanent transfer of all or some of the exclusive rights to an assignee. Obtaining professional legal advice before engaging in either mechanism and ensuring compliance with the Act and other applicable laws is essential. Copyright owners should also carefully document the terms of the agreement, including any payment terms, royalties, and deadlines for performance.

  • CS Urvashi Jain (M.COM, LLB, ACS)

CS Urvashi Jain is an associate member of the Institute of Company Secretaries of India. Her expertise, inter-alia, is in regulatory approvals, licenses, registrations for any organization set up in India. She posse’s good exposure to compliance management system, legal due diligence, drafting and vetting of various legal agreements. She has good command in drafting manuals, blogs, guides, interpretations and providing opinions on the different core areas of companies act, intellectual properties and taxation.

  • Agreement Drafting (23)
  • Annual Compliance (11)
  • Change in Business (36)
  • Company Law (148)
  • Compliance (90)
  • Digital Banking (3)
  • Drug License (3)
  • Finance Company (42)
  • Foreign Taxation (6)
  • FSSAI License/Registration (14)
  • Hallmark Registration (1)
  • Income Tax (202)
  • Latest News (34)
  • Miscellaneous (165)
  • NBFC Registration (8)
  • SEBI Registration (6)
  • Section 8 Company (7)
  • Start and manage a business (21)
  • Startup/ Registration (130)
  • Trademark Registration/IPR (40)

Recent Posts

  • Differentiating TDS on Rent: Section 194IB vs 195 of Income Tax Act, 1961 May 8, 2024
  • GST E-Invoicing: Benefits, Process, Pre-requisites, Deliverables & FAQs May 7, 2024
  • Income Tax Planning for Salaried Employee’s May 6, 2024

LegalWindow.in is a professional technology driven platform of multidisciplined experts like CA/CS/Lawyers spanning with an aim to provide concrete solution to individuals, start-ups and other business organisation by maximising their growth at an affordable cost.

Ask an Expert

More from our blog.

assignment of copyright and licenses

Differentiating TDS on Rent: Section 194IB vs 195 of Income Tax Act, 1961

assignment of copyright and licenses

GST E-Invoicing: Benefits, Process, Pre-requisites, Deliverables & FAQs

Income Tax Planning for Salaried Employee’s

Income Tax Planning for Salaried Employee’s

Audit of Foreign Exchange Transactions

Audit of Foreign Exchange Transactions

GST on hostel facilities

Hostel Facilities for Students/Working Women Eligible for GST Exemption: Madras HC

NGO Darpan Registration in Jaipur

NGO Darpan Registration in Jaipur

Registration of Charges with ROC

Registration of Charges with ROC

post incorporation compliances

Post incorporation compliances for companies in India

Start business.

  • Private Limited Company
  • One Person Company
  • Limited Liability Partnership
  • Nidhi Company
  • Section-8 Foundation
  • Producer Company

IP Registration

Govt. registration.

  • Food License (FSSAI)
  • Import Export Code
  • Partnership Firm
  • Society Registration
  • Shop & Establishment

GST/Income Tax

  • GST Return Filing
  • ITR for Individuals
  • TDS Returns
  • NRI Taxation
  • Best CA in India

©2024 LegalWindow Pvt. Ltd . All Rights Reserved.

finallogo.png

The IPThink-Tank

Where ideas meet success....

  • Jun 27, 2021

Assignment, Transmission, And Relinquishment Of Copyright : An Overview

assignment of copyright and licenses

Signifying the objective of copyright as being the step towards safeguarding the interest of a creator alongside the dispersal of knowledge, the protection that was rendered initially with recognizing and identifying the rights of authors in their books, is with time and evolution in technology, witnessing a major change in the nature of work and its mode of exploitation. Therefore, the association of monetary benefits and copyright work introduces the aspect of economic rights. The Copyright Act, 1957 as amended in 2012, sets quite the bandwidth for creators and authors for acquiring pecuniary benefits alongside success, in the process of encouraging continuous creativity and innovation from creators in the future.

When talking of assigning copyright, it certainly bears a purpose. That is, in this process, the assignee gets the right to exploit the innovation for a stipulated time within a particular region. The assignor, on the other hand, receives a royalty. The owner of the copyright of a work is vested with the authority to assign his copyright to another person. Thereafter, the assignee of the copyright becomes entitled to any right falling within the ambit of the copyright and shall be treated as the owner of the copyright in respect of those rights. When the owner of a copyright dies, if he dies intestate then his copyright passes on to his representatives. Section 18 thereafter, also goes on to throw light upon the aspect of an owner of copyright assigning the right in an existing work as well. As per Section 18, a prospective owner, the person who is not the first owner in the future work, can assign the copyright. But, again, as laid down by the proviso of this section, the assignment can only take place after that particular work comes into existence, not before that.

But assignment directly doesn't indicate an absolute assignment. The intention of the parties associated with the nature and extent of the assignment has to be worked out from the agreement. It was seen in the case of Saregama India Ltd. vs. Suresh Jindal (2007) , that if an assignment has been made for a limited period in line with the agreement, then, one cannot contend on the basis of the assignment of copyright rendering absolute ownership for an unlimited period.

The conditions for assigning a copyright have been laid under Section 19 of the Copyright Act, 1957. It is quite significant to be aware of the fact that the assignment has to be rendered in writing and signed by the assignor or an authorized agent, otherwise, it shall not be valid. A careful reading of the agreement and straining out the intentions of the parties are quite crucial since the copyright grants are often misused by the owners.

Relinquishment of the copyright requires the author to give notice as per the set form to the Registrar of Copyrights or via public notice. The Registrar then publishes the notice in the Official Gazette or in a different way. Within 14 days from the publication of the notice in the Official Gazette shall post the notice on the official website so that it remains in the public domain for not less than 3 years. As per Section 21 (1) and (2), the relinquishment of copyright shall not affect any pre-existing rights in favour of any person on the date of the notice. Section 21 goes on to provide the owner of a work the right to relinquish all or any of the rights in a work. Relinquishment indicates the handing over of the rights in the copyrighted work, also meaning the author would no more have the rights surrendered and cannot claim ownership over it. The author can determine the rights that they want to relinquish.

https://selvams.com/india/copyrights/relinquishment-of-copyright-in-india/

https://blog.ipleaders.in/concept-assignment-copyright/

https://taxguru.in/corporate-law/assignment-copyrights.html

https://www.mondaq.com/india/copyright/854828/assignment-and-licensing-of-copyright

Recent Posts

Design holder and the associated rights: an insight

Breezer vis a vis Freez: the alcoholic tussle

Infringement vis a vis passing off action in trademark

Home

Online Regulatory Licensing System

To begin the application process, click Existing User Login if you previously created an account or Create New Account if this is your first time using this system. 

NOTE: Questions regarding the Online Regulatory Licensing System may be answered by viewing our  Frequently Asked Questions .

If you operate a Towing, Special Conservator of the Peace, or Bail Bondsman/Bail Enforcement Business, you may set up an online account for the purpose of paying Employee related Application fees via bulk entry only. Do not submit Application Fees for a Private Security Business License, as we cannot issue your company a credential.

These Step-by-Step Instructions can assist you with the most common functions of the Online Regulatory Licensing System. 

For assistance or troubleshooting your online account, you may contact a System Administrator at [email protected] .

  • Licensing / Regulation
  • Law Enforcement
  • School-Campus Safety
  • Juvenile / Victims / Adult Justice

Metropolitan News-Enterprise

Monday, May 13, 202 4

Court of Appeal:

October Challenge to Judge Was Timely Though Parties Knew of Assignment to Her in June

Raphael Says Advisement by Commissioner That Judge Would Handle Trial Had Potential of Constituting All-Purpose Assignment

By a MetNews Staff Writer

Div. Two of the Fourth District Court of Appeal has held that an “all-purpose” reassignment of a case to a judge, triggering a 15-day period within which a peremptory challenge to that judge may be filed, can be effected by an oral announcement at a court hearing by the bench officer who is presiding—but only if that bench officer ceases handling any substantial matters in the case.

Otherwise, the reassignment is not an “all purpose” one, Justice Michael J. Raphael said in an unpublished opinion issued on Thursday.

Raphael declared that a challenge to Riverside Superior Court Judge Susanne S. Cho, filed on Oct. 5, 2023 by the petitioner in a divorce case, Robert Taylor, was timely although Commissioner Mickie Reed advised counsel at a June 2023 hearing that Cho would preside over the trial in November. That advisement did not constitute an all-purpose assignment, he declared, because Reed held onto a “substantial” matter, conducting a hearing on it in August.

 “Judge Cho would have been assigned to the case for all purposes in June so long as she processed all substantial matters from that moment on,” Raphael wrote.

Trial Assignment

He said that in June, there was merely an assignment for trial purposes, so that the clock did not start running on a 15-day period for filing a challenge after an all-purposes assignment is made. That time limit is set forth in Code of Civil Procedure §170.6.

On Oct. 4, 2023, Taylor, apparently not taking heed of Reed’s notification in June that Cho would preside over the trial, filed a paper indicating a lack of assent to a trial before a commissioner, and on the same day, the court issued a “Notice of Case Reassignment For All Purposes,” shifting the case to Cho. The following day, Taylor filed a challenge to Cho which the judge proceeded to spurn, proclaiming that the parties had known since June of the entrusting of the case to her. The appeals court directed the issuance of a writ of mandate requiring Cho to step aside. Raphael wrote:

“Applying the all purpose assignment rule here, Taylor’s motion was timely. He moved to disqualify Judge Cho one day after notice that the case had been reassigned to Judge Cho for all purposes. It was therefore “made to the assigned judge...within 15 days after notice of the all purpose assignment.”

Two Reasons

Explaining why an all-purpose assignment had not been made in June, he said there are “two reasons, one formal and one functional,” elaborating:

“The formal reason is the timing of the case reassignment notice. If the case had been reassigned to Judge Cho for all purposes in June, then the notice of reassignment would have been issued then, rather than the day Taylor sought ‘reassignment of the case to a Superior Court Judge for all matters.’ ”

Raphael continued:

“The functional reason is that a substantial matter remained before Commissioner Reed even after she set trial dates in Judge Cho’s department.”

He quoted the California Supreme Court as saying in a footnote in its 1993 decision in People v. Superior Court (Lavi) that the all-purpose assignment rule applies only where “a single judge must handle every matter in a given case.”

Question Left Open

The justice left open the question of whether there would have been an all-purpose assignment in June if a notice of assignment had been issued then even though Reed retained a matter, saying:

“The combination of the formal and functional reasons here means we need not decide whether one would be sufficient here without the other.”

The case is Taylor v. Superior Court , E082661.

Copyright 2024, Metropolitan News Company

Florida Department of Highway Safety and Motor Vehicles logo

Dave Kerner, Executive Director

  • Home – Navbar
  • About the Director
  • Department Overview
  • Department History
  • Press Releases
  • Community Outreach
  • Meet the Team
  • Arrive Alive
  • Driving Safety
  • Child Safety
  • Vehicle Safety
  • Human Trafficking
  • Consumer Education
  • General Information
  • Have You Received a Letter?
  • Involved in a Crash?
  • Open Government
  • Crash and Citation Reports & Statistics
  • Cabinet and Legislature Reports & Statistics
  • Driver and Vehicle Reports & Statistics
  • Handbooks & Manuals
  • Regulatory Plan
  • Related Links
  • Working at FLHSMV
  • Career Opportunities
  • Internships
  • Veteran Resources
  • Driver Licenses & ID Cards
  • Renew or Replace Your License
  • What to Bring
  • Florida’s NEW Driver License and ID Card
  • Emergency Contact Information
  • Education & Courses
  • Driver License Check & ID Tracking System
  • For Commercial Vehicle Drivers
  • Driver License Handbook
  • Florida Visitors
  • Military & Veterans Information
  • Driver Record
  • Name and Address Changes
  • New Resident
  • Make an Appointment
  • Motorist Modernization
  • Have A Public Records Request?

Motor Vehicles, Tags & Titles

  • Renew or Replace Your Registration
  • Motor Vehicle Information Check
  • Liens & Titles
  • License Plates & Registration
  • Personalized and Specialty License Plates
  • Dealers, Installers, Manufacturers, Distributors, and Importers
  • Disabled Person Parking Permits
  • Covered Farm Vehicles

Florida Highway Patrol

  • Be a Trooper
  • Live Traffic Crash & Road Condition Report
  • Traffic Crash Reports
  • Commercial Vehicle Enforcement
  • Specialized Areas
  • Be A Dispatcher
  • Troop Boundaries & Information
  • FHP Memorial
  • FHP Surveys
  • Member Recognition
  • Patrol Support
  • Contact FHP
  • Useful Info & Links
  • Sign up for AMBER, Silver, Purple and Blue Alerts

FLHSMV Executive Director Dave Kerner Issues Statement Regarding Early Morning Crash in Marion County

From The Newsroom

Today, Florida Department of Highway Safety and Motor Vehicles Executive Director Dave Kerner issued the following statement regarding an early morning crash in Marion County between an International Bus transporting 53 people and a Ford Ranger truck:

The Florida Highway Patrol is currently investigating a traffic crash which occurred at approximately 6:35 am, on State Road 40, approximately 500 feet west of SW 148 Court. The collision involved a 2010 International Bus, transporting approximately 53 employees of a farming company, and a 2001 Ford Ranger private truck.

Initial investigation reveals that the two vehicles made contact in a sideswipe type collision. Post collision, the bus traveled off the roadway, through a fence, and then overturned. Currently, eight people have been confirmed deceased and approximately 40 people have been transported to local medical facilities.

At 1:47 PM today, State Troopers assigned to the FHP Northern Region Specialized Investigations and Reconstruction Team (SIRT) arrested Bryan Maclean Howard, the driver of the private Ford Ranger truck, on the following criminal charges – Eight (8) counts of Driving Under the Influence – Manslaughter.

Identities of the deceased will be released pending next of kin notification. Our sympathies and prayers are with the families of the deceased. Consistent with our duties, the Florida Highway Patrol will conduct both a thorough and exhaustive traffic crash and criminal investigation.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) provides highway safety and security through excellence in service, education, and enforcement. Learn more on our  website .

The Florida Highway Patrol strives to achieve core values of courtesy, service, and protection. It is FHP’s job to help ensure the safety and welfare of millions of Florida’s residents and visitors every day.

To learn more about FHP or how to become one of Florida’s Finest, visit  BeATrooper.com .

IMAGES

  1. Copyright Assignment Agreement Template

    assignment of copyright and licenses

  2. Copyright License Agreement Approved, Seal Stamped on Official Business

    assignment of copyright and licenses

  3. Free Copyright Assignment Agreement

    assignment of copyright and licenses

  4. Copyright Assignment and License

    assignment of copyright and licenses

  5. PPT

    assignment of copyright and licenses

  6. Free Assignment Of Copyright

    assignment of copyright and licenses

VIDEO

  1. LICENCES। Copyright Act 1957। Section- 30 to 32B । In English। IPR

  2. Strepsils Commercial

  3. Assignment (law)

  4. Copyright, What is Common Law and proper way to do Copyright

  5. YOUR ASSIGNMENT PT1

  6. Mod 6, Part 5: Traffic Assignment (Capacity Constraint Explained)

COMMENTS

  1. Copyright Licenses and Assignments (BitLaw)

    A license (or more properly "an express license") is an agreement where the copyright owner maintains its ownership of the rights involved, but allows a third party to exercise some or all of those rights without fear of a copyright infringement suit. A license will be preferred over an assignment of rights where the copyright holder wishes to ...

  2. Assignment of Copyrights & Legal Implications

    The transfer of economic rights may be on an exclusive basis, which requires a written agreement, or a non-exclusive basis, which does not require a written agreement. Most commonly, this transfer is accomplished by assignment or license. Unlike a license in which the copyright owner maintains their ownership, an assignment is similar to a sale ...

  3. Assignment/Transfer of Copyright Ownership

    Are copyrights transferable? Yes. Like any other property, all or part of the rights in a work may be transferred by the owner to another. See Circular 1, Copyright ...

  4. Copyright Licensing Under the Law

    Generally, the difference between the two is that licenses allow a copyright owner to retain the rights while giving someone else a right to exercise some of them, whereas an assignment results in a copyright owner losing control over the work. Moral rights in a work of fine art can be waived, but they cannot be licensed or assigned.

  5. What Is Assignment and Licensing under Copyright Law?

    With a license, the copyright owner retains their ownership of any right that is transferred. An assignment, on the other hand, transfers all exclusive rights and is comparable to a sale. The original copyright owner basically sells their rights to another person or entity who then essentially owns them. When an owner assigns their rights to ...

  6. Free Copyright Assignment Template

    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.

  7. Understanding an assignment of copyright agreement

    This document usually contains only limited details of the work you're assigning, including the copyright number (if applicable), the signatures of both parties, the signature of a witness if desired, and the date of the assignment.

  8. PDF Recordation of Transfers and Other Documents

    A "transfer of copyright ownership" is an assignment, mort-gage, grant of an exclusive license, transfer by will or intestate succession, or any other conveyance, alienation, or hypoth- ... • License agreements and terms and rates of royalty pay-

  9. Chapter 2. Copyright Ownership and Transfer

    — In the case of any work other than a work made for hire, the exclusive or nonexclusive grant of a transfer or license of copyright or of any right under a copyright, executed by the author on or after January 1, 1978, otherwise than by will, is subject to termination under the following conditions:

  10. Copyright transfer agreement

    A copyright transfer agreement or copyright assignment agreement is an agreement that transfers the copyright for a work from the copyright owner to another party. This is one legal option for publishers and authors of books, magazines, movies, television shows, video games, and other commercial artistic works who want to include and use a work ...

  11. Copyright transfer, assignment and licensing in the United States

    However, the written transfer does not need to be made at the time of assignment, and a later written document confirming the agreement is sufficient to prove the assignment. Transfer of a right ...

  12. The Difference Between Copyright Assignments and Licenses

    A license is often preferred over an assignment when the copyright holder wishes to maintain and exercise some ownership control over the rights and how the licensee uses the copyright holder's rights. For example, a typical software license agreement is a copyright license agreement. The software copyright owner grants the user/licensee the ...

  13. Assignments and Licensing of Intellectual Property

    The key difference between a license and an assignment is that an assignment transfers rights away from the original copyright or patent holder. Whereas the licensor retains ownership of the intellectual property rights, the assignor gives up the rights entirely. In simplest terms, licensing is akin to rental, whereas an assignment operates as ...

  14. Assignment and Licensing of Copyrights under Copyrights Act

    An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...

  15. Difference between License and Assignment of Copyright

    The term license means the consent of the owner of the copyright to do any act which is exclusive to him as the owner. It is the authorization of an act, which without such authorization would result to an infringement. License may be non-exclusive or exclusive and may be limited in the territory, time and scope.

  16. What is the concept of Assignment of Copyright?

    In the case of an assignment of copyright in any future work, it shall take effect only when the work comes into existence. In this regard, "assignee" includes the legal representatives of the assignee, if he dies before the work comes into existence. ... They can register their work with a copyright society and thereafter license it to ...

  17. Assignment of Copyright vs Exclusive License: Key Differences

    Assignment of License vs. Exclusive License Now that you have an overall understanding of what is an assignment of copyright and exclusive license rights, let's look at their key differences ...

  18. India

    An assignment transfers an interest in and deals with copyright itself as provided under section 14 of the Act, but license does not convey the copyright but only grants a right to do something, which in absence of license would be unlawful. An assignment transfers title in copyright, a license merely permits certain things to be done by ...

  19. Recordation Overview

    A transfer of copyright ownership is "an assignment, mortgage, exclusive license, or any other conveyance, alienation, or hypothecation of a copyright or of any of the exclusive rights comprised in a copyright, whether or not it is limited in time or place of effect, but not including a nonexclusive license." 17 U.S.C. § 101. Learn More

  20. Term of Copyright and Assignment- Licensing (Sec 18-31)

    The copyright assignment must identify the rights assigned as well as the duration and territorial scope of the assignment. The copyright assignment can be changed, extended, or cancelled on mutually agreed-upon terms. The assignment must include a significant payment amount paid to the author or his legal heirs during the copyright assignment.

  21. Assignment And Licensing Of Copyrights

    The owner of a work's copyright has the ability to assign his copyright to anyone else. As a result of the assignment, the assignee acquires all rights relating to the copyright of the assigned work. If the assignment period is not specified, it will be assumed to be five years from the date of assignment. In the event of a dispute over the ...

  22. Licensing of Copyright » Legal Window

    License and Assignment Agreement: This document sets out the terms and conditions of the license or assignment, including the duration of the license or assignment, the rights being granted, the royalty rate, and any other relevant provisions. The agreement must be in writing and signed by both the copyright owner and the licensee or assignee.

  23. Assignment, Transmission, And Relinquishment Of Copyright : An Overview

    Signifying the objective of copyright as being the step towards safeguarding the interest of a creator alongside the dispersal of knowledge, the protection that was rendered initially with recognizing and identifying the rights of authors in their books, is with time and evolution in technology, witnessing a major change in the nature of work and its mode of exploitation. Therefore, the ...

  24. Iowa Admin. Code rr. 571-16.16

    Read Rule 571-16.16 - [Effective 6/5/2024] Procedures and policies for dock site permits and hoist or slip assignments in dock management areas, Iowa Admin. Code rr. 571-16.16, see flags on bad law, and search Casetext's comprehensive legal database ... Title II - LICENSES, PERMITS AND CONCESSION CONTRACTS. Chapter 16 - DOCKS AND OTHER ...

  25. How teachers started using ChatGPT to grade assignments

    A new tool called Writable, which uses ChatGPT to help grade student writing assignments, is being offered widely to teachers in grades 3-12. Why it matters: Teachers have quietly used ChatGPT to grade papers since it first came out — but now schools are sanctioning and encouraging its use. Driving the news: Writable, which is billed as a ...

  26. Division of Licensure and Regulatory Services

    The Virginia Department of Criminal Justice Services, Division of Licensure and Regulatory Services involves the oversight and enforcement of five regulatory programs: Private Security Services, Bail Bondsmen, Bail Enforcement Agents, Special Conservators of the Peace, and Tow Truck Drivers. The Division is dedicated to providing excellent ...

  27. Online Regulatory Licensing System

    Create New Account. These Step-by-Step Instructions can assist you with the most common functions of the Online Regulatory Licensing System. Step-by-Step Instructions for Online Services. Apply for a License/Registration. Check Application Status. Employer Bulk Pay. Individual License Verification. Renew a License/Registration.

  28. October Challenge to Judge Was Timely Though Parties Knew of Assignment

    Explaining why an all-purpose assignment had not been made in June, he said there are "two reasons, one formal and one functional," elaborating: "The formal reason is the timing of the case reassignment notice. If the case had been reassigned to Judge Cho for all purposes in June, then the notice of reassignment would have been issued ...

  29. Medicare.gov

    Welcome! You can use this tool to find and compare different types of Medicare providers (like physicians, hospitals, nursing homes, and others). Use our maps and filters to help you identify providers that are right for you. Find Medicare-approved providers near you & compare care quality for nursing homes, doctors, hospitals, hospice centers ...

  30. 2024

    Recent News. May 14, 2024 El director ejecutivo de FLHSMV, Dave Kerner, emite una declaración sobre el accidente matutino en el condado de Marion ; May 14, 2024 FLHSMV Executive Director Dave Kerner Issues Statement Regarding Early Morning Crash in Marion County ; May 1, 2024 El tráfico no es un problema para nadie: comparta la carretera y permita que todos viajen juntos de forma segura