What are the Ways of Initiating Copyright Transfer in India?
1. Copyright Licensing
Types of Copyright Licenses
- Voluntary license: A license signed voluntarily by two parties, the licensor and the licensee is a Voluntary License. It should contain the following details.
- Rights licensed and nature of the work.
- Geographical extent of the license.
- Terms and conditions relating to the termination, revision, and extension of the license.
- Total amount of royalty to be paid in exchange of the license
- Compulsory License: A compulsory license is granted by the copyright board to third parties without the permission of the Copyright Owner. This is usually done when the owner refuses to make the work available in the public domain. Specific circumstances may include:
- If a copyright owner has already published his work once, and is refusing to republish it in order to make it available in the public domain.
- If a copyright owner has refused to allow the performance of a work in public, which has already been performed previously, and as a result, restricting its availability in the public domain.
- If a copyright owner has refused the communication of a work in the public domain by broadcast.
2. Copyright Assignment
- The terms and conditions regarding the revision and termination of the assignment should be explicit.
- The total amount of royalty paid for the assignment should be mentioned.
- The assignment agreement should be in writing duly executed by the copyright owner (Assignor).
- The copyrighted work and the rights assigned should be mentioned clearly.
- If the term of assignment is not mentioned, then the term shall be taken as 5 years from the date of assignment by default. If the geographical limit is not stated, then it is assumed to the extent within India.
3. Copyright Transmission
4. Copyright Relinquishment
In the ever-evolving landscape of creativity and intellectual property, copyright transfer emerges as a vital mechanism for creators to protect and share their works. Whether through licensing or assignment, the transfer of copyright enables innovation, collaboration, and the responsible utilization of creative works. By understanding the intricacies and importance of copyright transfer, both creators and recipients can navigate the complex terrain of intellectual property, fostering a thriving ecosystem that respects the rights of creators while promoting the free flow of ideas. Embracing copyright transfer as a tool for empowerment and growth, we pave the way for a future where creativity flourishes and society benefits from the collective wealth of human expression.
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