COPYRIGHTS AND

DESIGNS LAW
Assignment and
Relinquishment of Copyright
 Assignment of Ownership (Sec.18)
 Meaning
-Transfer of ownership even if it is partial.
- Author may assign his rights to other to
exploit economically for a lump sum
consideration.
- He may license some or all of his rights to
others usually on basis of payment of
royalty.
-Assignment may be wholly or partially.
 -It may be general or wit limitation.
-It may be whole part of the copyright or
for any part thereof.

 Registration
- not compulsory, but has evidentiary
value.
 Agreement can be made to assign future
copyright work- ownership will
automatically vest in the assignee on the
work coming into existence.
 But, no such assignment shall be applied
to any medium or mode of exploitation of
the work which did not exit or was not in
commercial use at the time when the
assignment was made, unless the
assignment specifically referred to such
medium or mode of exploitation of the
 the author of the literary or musical work
included in a cinematograph film shall not
assign or waive the right to receive
royalties to be shared on an equal basis
with the assignee of copyright for the
utilisation of such work in any form other
than for the communication to the public
of the work along with the cinematograph
film in a cinema hall
 The assignee becomes owner of copyright
with respect to the rights assigned to him.

 Mode of Assignment (Sec.19)

in writing
signed by the assignee or his duly
authorised agent
 Deed of Assignment
- No specific draft, but must
-identify the work,
- right assigned and duration and
territorial extent to such right.
- amount of royalty and any other
consideration payable.
 Where the assignee does not exercise the
rights assigned to him under any of the
other sub-sections of this section within
period of one year from the date of
assignment, the assignment in respect of
such right shall be deemed to have lapsed
after the expiry of the said period unless
otherwise specified in the assignment.
 If the period of assignment is not stated, it
shall be deemed to be five years from the
date of assignment.

 The assignment of copyright in any work

contrary to the terms and conditions of the
rights already assigned to a copyright
society in which the author of the work is
a member shall be void.
 Disputes with respect to assignment of
copyright (Sec. 19A)
 the Commercial Court may, on receipt of a
complaint from the assignor and after
holding such inquiry as it may deem
necessary, revoke such assignment.

 no order of revocation of assignment

under this sub-section, shall be made
within a period of five years from the date
of such assignment
 efforts shall be made to pass the final
order in the matter within a period of six
months from the date of receipt of the
complaint and any delay in compliance of
the same, the Commercial Court shall
record the reasons thereof.
 Difference between License and Assignment
 Assignment  License
1) Assignee becomes the 1) Licensee gets the
owner of interest right to exercise
assigned. particular rights only.
2) Reassignment is 2) Not transferable
permissible without permission
3) Assignee may sue in of grantor.
his own name in case 3) Licensee cannot sue
there is violation of in his own name for
his rights. infringement of
copyright.
 Relinquishment of Copyright (Sec. 21)
 The author of a work may relinquish all or
any of the rights comprised in the
copyright.

 by giving notice in the prescribed form to

the Registrar of Copyrights or by way of
public notice.

 cease to exist from the date of the notice.

 On receipt of a notice, the Registrar of
Copyrights shall cause it to be published in the
Official Gazette

 The Registrar of Copyright shall, within

fourteen days from the publication of the notice
in the Official Gazette, post the notice on the
official website of the Copyright Office so as to
remain in the public domain for a period of not
less than three years.
 The relinquishment of the copyright in a
work shall not affect any rights subsisting
in favour of any person on the date of
notice.