A copyright subsists with the owner of copyright for a term of sixty years, The rights can be transferred in following manner Copyright Transfer
1) Licensing of Copyright
The licensing of copyright involves the transfer of some or all of the rights to a licensee to utilize his work for financial benefits by the copyright owner or licencor. However, there is a distinction between the licensing and assignment of copyright.
In licensing, the ownership rights do not vest with the licensee whereas in the case of assignment, the ownership do not vest with the assignor anymore.
Types of Copyright Licenses
a) Voluntary license
A copyright license agreement should have the following features:
1) Time period for which the license is granted.
2) Rights licensed and nature of the work.
3) Geographical extent of the license.
4) Terms and conditions relating to the termination, revision and extension of the license.
5) Total amount of royalty.
b) Compulsory License Copyright Transfer
Compulsory license is granted by the copyright board in some special circumstances which are:
i) If a copyright owner for an Indian work, which has already been published, has refused to republish the work and is not giving allowance for the same.
ii) If a copyright owner for an Indian work has refused to allow the performance of the work in public, which has already been worked in public, and as a result the work is withdrawn from the public.
iii) If a copyright owner for an Indian work has refused the communication of the work to the public by broadcast.
The “Indian work” includes:
- A cinematographic film or a sound recording made in India.
- An artistic work created by a citizen of India.
2. Assignment of Copyright
The rights of a copyright owner can be assigned by him to any other person by way of an assignment. As soon as a work is created or comes into existence, a copyright owner naturally gets entitled to assign his rights. Further, a copyright owner is entitled to multiple rights i.e both economic rights and moral rights.
According to the Indian Copyright Act, 1957 a prospective owner of copyright of the future work may also assign his rights partially or wholly. The assignment will have the effect only when the work would come in existence.
The assignment should have the following features:
1) The terms and conditions regarding the revision and termination of the assignment should be explicit.
2) The total amount of royalty should be mentioned.
3) The assignment should be in writing duly executed by the copyright owner (Assignor).
4) The copyright work and the rights assigned should be mentioned clearly.
5) 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 extent within India.
3. Transmission of copyright
If the owner of the copyright dies, who was working on a manuscript of dramatic, literary, artistic or musical work and was unable to publish the manuscript before dying, then, in that case, the copyright ownership is transmitted to the person stated in the will.
4. Relinquishment of Copyright
All or any of the right vested in the copyright of a work, can be relinquished by an author of a work, by giving a notice to the Registrar of Copyrights in a prescribed form. The rights shall cease to exist from the date of the notice. The registrar shall cause the notice to be published in the Official Gazette, once he receives such notice, or he may cause the notice to be published in such a manner as he deem to be fit.