Copyright is an exclusive right granted to the owner of the Copyright to sell, publish, protect, and record sound or artistic works. Copyright recognizes the creative expression of an intelligent mind. The main purpose of Copyright Registration is to grant legal protection to the creator with a chance to make monetary gains from their creations or innovations. Copyright Registration is governed and regulated by the Copyright Act, 1957. It also gives acknowledgement to the original creation and offers certain rights to the owner of the Copyright, depending on the type of work. Appreciation and earning reward from their creation motivate them to create more things and develop unique ideas that they convert into expressed form.
The owner of a Copyright can also share their creative expression with others for common benefits, and the same can be achieved by a Copyright Assignment. In this blog, we discuss the Copyright Assignment.
Copyright Assignment means that the Copyright owner has the right to assign their Copyright to any other person. The effect of Copyright Assignment is that the assignee becomes eligible for all the rights concerning Copyright to the assigned work. But, mere grant of right to sell & publish the copyrighted work amounts to publishing right and not Copyright Assignment.
Where the Copyright assignee becomes eligible to any right included in the Copyright, he or she shall be treated as the Copyright owner regarding those rights. The assignor shall be treated as the Copyright owner with respect to unassigned rights. The assignee's legal representatives shall be eligible for the benefits of Copyright Assignment if the assignee dies before the work comes into existence.
No one has the right to publish, sell, copy or imitate any original work without taking permission from the original creator of the work. It simply means that only the copyright owner has the right to transfer the Copyright ownership to a third party. Another essential thing to note is that with the Copyright Assignment, the assignee will also enjoy all the rights related to the Copyright to the allocated work.
Section 18 of the Copyright Act states that where the Copyright assignee becomes qualified for any right involved in the Copyright, the assignee shall be treated as the Copyright owner with respect to those rights. The one who assigns will also be treated as the Copyright owner concerning the unassigned rights. In case of the assignee demise, before the work comes into existence, the legal legislatures of the assignee will be entitled to the assignment benefits.
There are many advantages of copyright registration for the authors of original works. One of the biggest benefits of copyright protection is preventing losses arising from copies being made of the original work. Violation of copyright registration is commonly known as ‘piracy’. In India, all of us are familiar with the word. ‘Pirated’ books, DVDs, music videos are commonly available on the streets of most major cities. Not only are these shoddily produced, but they also lead to enormous losses for publishers and authors. Movies and software are also illegally downloaded and shared through peer-sharing networks.
There are other benefits that copyright registration gives under the law. The act of registration gives shelter to published work. Without such registration, it becomes difficult to prove the case of the owner in court. For example, a film producer may make a movie that is similar to one that was released earlier. But without copyright registration, it won’t be easy to prove that it was plagiarised in court. The onus is on the creator to prove authenticity.
Another one of the benefits of a copyright is that the registration is on record so that it dissuades others from making unauthorized use of your work. If you discover that someone is copying your work, you can send a `cease’ notice. So you don’t have to bother about legal proceedings at a later stage. This saves a lot of time and money.
Perhaps one of the biggest benefits of copyright law is that it fosters an atmosphere of creativity and innovation. For example, an information technology company can spend millions developing new software. It will do so in the expectation of making money, and copyright law ensures that it can reap the benefits. Similarly, music companies can create new music without worrying about it being copied and distributed without consent.
By protecting original work, copyright registration ensures that the reputation of their creators/authors is protected. For example, a music composer or author is in a position to prevent shoddy copies of his or her work, preventing any loss of reputation.
Another advantage of copyright protection is that it gives the holder the prestige that a certain work belongs to him or her.
In summary, there are multiple benefits of copyright registration. It encourages creativity and innovation and helps a country grow both in economic as well as cultural terms. However, the record of copyright protection is patchy in many parts of the world, including India.
A Copyright Assignment is a legal transfer of copyright ownership from the original owner to another person or entity. The assignee becomes the new owner of the copyright and acquires all the rights associated with it.
A Copyright Assignment transfers full ownership of the copyright, whereas a license grants permission to use the copyrighted material under specific conditions and for a certain period, without transferring ownership.
Yes, a Copyright Assignment can be limited to a specific geographical area as specified in the assignment deed.
If the assignee fails to exercise their rights within one year from the assignment date, the assignment concerning such right shall be considered to have lapsed.
Moral rights are personal rights of the creator, including the right to claim authorship, the right to object to any distortion or mutilation of the work, and the right to claim damages for any harm caused to their reputation due to unauthorized acts. These rights remain with the creator even after the copyright is assigned.