34, Assignment/Licence of Copyright [a er of exploitation of copyright ina work can be ummens, COE is a bundle of rights comprising of multiple rights, they can be exercised independently of each other. A novel can be published as a volume, serialised ina newspaper or magazine or can be licensed for being made into a film. Each of these rights can be assigned or licensed for a limited term. While assignment is a transfer of ownership in Tights to the assignee, a licence is a Permission to do something in respect of the work. ASSIGNMENT OF COPYRIGHT Sections 18, 19 and 19A of the Copyright Act deal with the assignment of copyright. Assignment of copyright may be for the whole of the tights or for part of the rights only. tin Ssignment of copyrights may be general, ie. without any imitation being placed on the assignee or the assignment be subject to certain limitations, ‘ a Assignment May be for the full term of the copyright or fo a limited Period of time, : Y Assignment may be on a territorial basis, ie. for a par tetritory or country, An owner of a co, right ign his right in the ab Combination of formes ent CAP assign his right 334 Scanned By Camera ScannerAssignment/Licence of copyright 335 __ an author assigns the right to serialise the work Illustration yn serial to a producer for a period of 20 years into a televierial is broadcast only within the territory of India. provided - “ makes a limited assignment for a limited period Here the eae territorial restrictions at the same time, of time piacint ‘assignment a c 119 elaborates the mode of assignment in the following er nar sas, “a Assignment is valid only when it is in writing signed by : the assignor or by his duly authorised agent. (2) The assignment instrument shall identify the work and specify the rights assigned and the duration and territorial extent of such assignment. (3) The instrament of assignment of copyright shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the subsistence of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties. If the assignee does not exercise the rights assigned to him within one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment instrument. When the period of assignment is not stated, the period Shall be deemed to be five years from the date of assignment. @ 6) (6) If the territorial extent of any assignment of the rights is Et specified, it shall be presumed to extend within dia. (7) When the assignment has been inade before the coming into force of the Copyright (Amendment) Act, 1994, the above provisions of the above sub-sections (2),.(3), (4), (5), (6) shall not be applicable. However, even such an assignment has to be through a written instrument. Can an assignee sue an assignor for infringement? An assignee, to whom certain rights have been assigned by Scanned By Camera Scanner436 Patents, Trade Marks, Copyright, Designs & Geog, indications thor), can restrain the author from exercig; the Se ih have already been assigned to him by moving a competent jurisdiction for infringement. co Can assignment be made in respect of work which has oF " i come into existence? Section 18 provides that copyright can be assi wih spect of future works of the author before their comi sf re’ igned existence. But in that case, the assignment will take effect only when the work comes into existence. i By Transmission of copyright by operation of law ; 4 Copyright is a kind of personal movable property. It can be transferred by assignment (details of which have been di above), testamentary disposition (through will) or by operat of law e.g. when the owner of copyright whether it is publis or unpublished, dies. The copyright will pass on to hi representative as part of the estate, if such a person dies intest (without making a will). Section 20 provides that if a manuscript of a literary, or musical work or an artistic work has been bequeathed beneficiary without specifically bequeathing copyright, bequest will carry with it the copyright to the work also. In¢ the owner of copyright becomes bankrupt, the copyright \ vest in the official receiver and will pass to the trustee bankrupt's estate as assets for distribution among the credit Relinquishment of copyright ‘ 4 all or any of the rights comprised in the copyright giving notice to the Registrar of Copyright. LICENSING OF A COPYRIGHT A licence can transfer the interest ina copyright. the rights granted are limited. The ownership Temains with the author. In the case of ownership in the rights is transferred to the Illustration When an author licenses only the right of work to a publisher, the publisher is 0 Scanned By Camera ScannerAssignment/Licence of copyright a9) 337 PYTIght, however, ts Of circulation of the work. An assignee of the co rculatic » ied to the accompanying benefit a entitled © would D° thew of Dharam Dutt Dhawan v. Ram Lat Su in the co" "980, the plaintiffs entered into a punjab 77 fandants (Publishers) to publish a boo with the ity basis. In the agreement, the auth them on tT g and selling rights shall be vested in and remain the publis! iblishers. The preamble defined the parties so as to with the it respective heirs, executors, administrators or include ’ it was held that this was partial assignment of a ing rights and not a mere licence. pul relevant provisions of the Copyright Act concerning joes of copyright areas follows: rl, AIR 1953 IN agreement K written b; Or agreed that Licences by owners of: copyright Section 30 provides— The owner of the copyright in any existing work of the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing signed by him orby his duly authorised agent: Provided that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence. Explanation —Where a person to whom a licence relating to copyright in any future work is granted under this section, dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence. Application of sections 19 and 19A Section 30A stipulates— The provisions of sections 19 and 19A shall, with any Ha" adaptations and modifications, apply in relation to a fan under section 30 as they apply in relation to assignment **oPytight in a work. k Compulsory licence in works withheld from public ; @ 31 provides— : ) at any time during the term of copyright in any Indian a Hcl i. salamat Scanned By Camera Scanner338 Patents, Trade Marks, Copyright, Designs & Geog, Indications . ¢ been published or performed in Reon rie ® the Copyright Board that the orale ight in the work— u Ba has refused to republish or allow the republication of the work or has refused to allow the performance in Of the work, and by reason of such refusal the work ig withheld from the public; or (b) has refused to allow communication to the public § broadcast, of such work or in the case of a “ste recording the work recorded in such sound rec on terms which the complainant considers’ the Copyright Board, after giving to the owner of the copyright in the work a reasonable opportunity ofbeing heard and after holding such inquiry as it may deem 4 necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the Registr Copyrights to grant to the complainant a licence to re- publish the work, perform the work in public communicate the work to the public by broadcast, a case may be, subject to payment to the owner o copyright of such compensation and subject to other terms and conditions as the Copyrights Board 1 determine; and thereupon the Registrar of Ci shall grant the licence to the complainant in a with the directions of the Copyright Board, on pa of such fee as may be prescribed. Explanation—In this sub-section, the expressi work” includes— i i (i) an artistic work, the author of which is a cit and (ii) a cinematograph film or a sound manufactured in India. (2) Where two or more persons have made a sub-section (1), the licence shall be granted who in the opinion of the Copyright Board wou interests of the general public. 7 Compulsory licence in unpublished Indian Section 31A provides— ; % i, Scanned By Camera ScannerAssign wewPrens =O ase of an Indian work referred to in sub- int (1) of section 2, the author is dead or Where B (ii) 0 oe se traced, or the owner of the copyright in en or a" ye found, any person may apply to the ume work Nl" J ticence to publish such work of a Copyright Bereal in any language. translation aking an application under sub-section (1), the @ Before publish his proposal in one issue of a daily applicant $e English language having circulation in the newspape’ 1 6 country and where the application is for the major part of a translation in any language, also in one issue of “teal newspaper in that language. a , such application shall be made in such form as may @ weeks and shall be accompanied with a copy of the See emer issued under sub-section (2) and such fee as may be prescribed. . (4) Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, direct the Registrar of Copyrights to rant to the applicant a licence to publish the work or a translation thereof in the language mentioned in the application subject to the payment of such royalty and subject to such other terms and conditions as the Copyright Board may determine, and thereupon the Registrar of Copyrights shall grant the licence to the applicant in accordance with the direction of the Copyright Board. (6) Where a licence is granted under this section, the Registrar of Copyrights may, by order, direct the applicant to deposit the amount of the royalty determined by the Copyright Board in the piceoonnt of India or in any other account specified by the peraght Board S0 as to enable the owner of the copyright or, as . rase may be, his heirs, executors or the legal representatives claim such royalty at any time. hone Prejudice to the foregoing provisions of this oe pee of a work referred to in sub-section (1), if the cinders that ie dead, the Central Government may, if it "ational int Publication of the work is desirable in the est, require heirs, executors or legal representatives Of the ; ‘eed by ie Publish such work within such period as may be Scanned By Camera Scanner49 Patents, Trade Marks, Copyright, Designs & Geog, 1 ic x ‘a j y work is not published within ¢h 7) Where any work is nol ‘ ed by the Central Government under sub-secti One pec i spect Board may, on an application made by any person ips copie to publish the work and after hearing the Patties perm permit such publication on payment of such foyal the Copyright Board may, in the circumstances of such case, {a jermine in the prescribed manner. y Licence to produce and publish translation section 32 of the Act provides— (1) Any person may apply to the Copyright Board for a licence to produce and publish a translation of a literary or dramatic work in any language after a period of seven years from the first publication of the work. A (1A) Notwithstanding anything contained in sub-section (1), any person may apply to the Copyright Board for a licence to produce and publish a translation, in printed or analogous forms of reproduction, of a literary or dramatic work, other than an Indian 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 purposes of teaching, scholarship or research: : Provided that where such translation is in a language not in. general use in any developed country, such application may be made after a period of one year from such publication. _ ot (2) Every application under this section shall be made in such form as may be prescribed and shall state the proposed retail Price of a copy of the translation of the work. 1 (3) Every applicant for a licence under this section shall, along with his application, deposit with the Registrar of Copyrights such fee as may be prescribed. pe (4) Where an application is made to the Copyright under this section, it may, after holding such inquiry as m prescribed, grant to the applicant a licence, not being exclusive licence, to produce and publish a translation 0 work in the language mentioned in the application— (i) Subject to the condition that the applicant the owner of the copyright in the work respect of copies of the translation of the Scanned By Camera ScannerAssignment/Licence of copyright 341 Copyright Board te as the 5 public, calculated at such rate deteriora may, in the Sil. of each case, prescribed manner; an Wt . (ji) where such licence is granted on an petites —. sub-section (1A), subject also to the condi eit licence shall not extend to the export of copies ss translation of the work outside India and every copy : such translation shall contain a notice in thelanguage of such translation that the copy is available for distribution only in India: Provided that nothing in clause (ii) shall apply to the export by Government or any authority under the Government of copies of such translation in a language other than English, French or Spanish in any country (1) such copies are sent to citizens of India residing outside India or to any association of such citizens outside India; and (2) such copies are meant to be used for purposes of teaching, scholarship or research and not for any commercial purpose; and (3) in either case, the Permission for such export has been given by the Government of that country: Provided further that no licence under this section shall be granted, unless— (@) a translation of the work in the language mentioned in the application has not been Published by the owner of the copyright in the work or any person authorised by him, (within years or one year, as the case may be, of the first publication of the work), been 2 tanslation has been so published, it ie out of print; (b) the applicant has Proved to the satisfacti a ion of hag oP yFight Board that he had Tequested and been denied authorisation by the owner of a “opyright to Produce and Publish such ‘anslation, or that he was, after due diligence Scanned By Camera Scannera2 Patents, © (cc) (ccc) (i) (ii) (d) Trade Marks, Copyright, Designs & Geog, Indications f th on his part, unable to find the owner of the cobyslen Je to find the » applicant was unable to r Mad the oe yriahts he has sent a copy of his ies for such authorisation by registered air meal post 10 ve name are poe work, and in the case of an application, feu licence under sub-section (1), not less than two months before such application; six months in the case of an application under sub-section (1A) (not being an application under the proviso thereto), or nine _ seeiths in the case of an application under the roviso to that sub-section, has elapsed from the date of making the request under clause (b) of this proviso, or where a copy of the request has _ been sent under clause (c) of this proviso, from the date of sending of such copy, and translation of the work in the lang mentioned in the application has not published by the owner of the copyright in work or any person authorised by him wii the said period of six months or nine months, the case may be; ‘ in the case of any application made under section (1A)— vei ct ee a edition of we translated are printed on fal ae ‘9 translation; Oe if the work is composed mainly of illustrat the provisions of secti ¢ section 32A are also with; the Copyright Board ihe is satisfied at yield is competent to produce and that nan translation of the work and P ae to the owner of the copys royalties payable to him under this secti a period of Scanned By Camera Scannerfar as they are application under sub-section (LA), shall with the odifications, apply to the grant of a licence under {G) and such licence shall not also be granted (a) the translation is made from a work lawfully acquired; ®) the broadcast is made through the medium of sound and visual recordings; ~@ such recording has been lawfully and exclusively made for the purpose of broadcasting in India by the applicant or by other broadcasting agency; and. Scanned By Camera Scanner344 Patenta, Trade Marks, Copyright, Designs & Geow: indteations ‘orporate orate owned 6 : iL ent lol ta ld jation of body: controlled by Government) or other 480° of persons for commercial purpose’) ( or scholars! (4) “purposes of tenching, research inchides,— ; i tall levels ional activity 4 ) Smet including ich col universities and tutorial ent “educa (ii) purposes of all other types of OFB"™ a r activity, ha Licence to reproduce and publish works for certain p! Section 32A(1) provides— Where, after the expiration of date of the first publication of an ¢ artistic work— | ? & {a), the copies of such edition are not available in india (b) such copies have not been put on sale in India period of six months, j a to the general public, or in connection with sys instructional activities at a price reasonably relate that normally charged in India for comparable the owner of the right of re-production or by any pe authorised by him in this behalf, any person may to the Copyright Board for a licence to reprodi publish such work in printed or analogous reproduction at the price at which such edition is s¢ at a lower price for the purposes of syste instructional activities, fi Section 32A(4) provides— Ai mee an application is made to the Copyright Bos Section, it may, after holding such an inquiry as” pete’, grant to the applicant a let a i a ive licence, to produce and publish a reproductiol mentioned in the application subject to the (}) the applicant shall 4 pay to the owner of the work royalties in. respect ‘i the poses the relevant period from t dition of a literary, scientific Scanned By Camera ScannerAssignment/Licence of copyright 345, reproduction of the work sold to the public, ealeulated at fh rate as the Copyright Board may, in such tances of each case, determine in rpeeien manner; one licence granted under section shall not extend to fr export of copies of the reproduction of the work outside India and every copy of such reproduction shall contain a notice that the copy is available for distribution in India: (ii) onl Provided that no such licence shall be granted unless— (a) the applicant has proved to the satisfaction of the Copyright Board that he had requested and had been denied authorisation by the owner of the copyright in the work to reproduce and publish such work or that he was, after due diligence on his part, unable to find such owner; (b) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such suthorisation by registered airmail post to the publisher whose name appears from the work not less than three months before the application for the licence; (c) the Copyright Board is satisfied that the applicant is competent to reproduce and publish an accurate reproduction of the work and possesses the means to pay to the owner of the copyright the royalties payable to him under this section; ¥ (d) the applicant undertakes to reproduce and publish work at such price as may be fixed by the Copyright Board, being a price reasonably related to the price normally charged in India for works of the same standard on the same or similar subjects; a period of six months in the case of an application for the reproduction and publication of any work of nal science, physical science, mathematics or technology, OF a period of three months in the case of an application for the reproduction and publication of any other work, has elapsed from the date of making the under clause (a), or where a copy of the request hhas been sent under clause (b), from the date of sending of a COPY and (e Scanned By Camera Scanner" . Indications — 346 Patents; Trade Marks, Copyright, Designs & Geom NSS been published by” @ reproduction of the work has no! °°" or any person the owner of the copyright in the We’ of six month authotised by him within the said Per! or three months, as the case May Pe of therpl (© the nate! of the author and the HY” produced dition sfithe work proposed 1 4, printed on all the copies of the (g) ‘the author has not withdraw? the work; and Waris givens ; i being he ight in the work. (h) an “Opportunity of right in practicable, to the owner cof the Copy’ Termination of licences Section 32B provides— : : oa »(A)rIf, at any time after the ane oe ; ee : and publish the translatio cae p-section (1A) of sectior pee the licensed work), the own sub-section referred to as the al of the copyright in the work or any person autho! him publishes a translation of such work in the language and which is substantially the same in cont at a price reasonably related to the price no: charged in India for the translation of works of the standard on the same or similar subject, the li granted shall be terminated: Provided that no such termination shall take effect u after the expiry of a period of three months date of service of a notice in the prescribed ma the person holding such licence by the owner of of translation intimating th ication | n ie publi translation as aforesaid: - s ane rep! Scanned By Camera ScannerAssignment/Licence of copyright 387, aan of any person authorised ction pies of such work or a cane maa ay be, in the same language and which is as the “jally the same in content at a price reasonably subs ; ne price normally charged in India, for works the same * tandard on the same or similar subject, the a -r anted shall be terminated: provi ded that no such termination shall take effect until xpiry of a period of three months from the date of service of @ notice in the prescribed manner on the person holding the licence by the owner of the right af reproduction intimating the sale or distribution of the copies of the editions of work as aforesaid: provided further that any copies already reproduced by the licensee before such termination takes effect may continue to be sold or distributed until the copies d are exhausted. already produce aie Scanned By Camera Scanner