Copyright : Assignment, Sue Rights

 Under the Copyright Act, 1957, a copyright is not just a single right but a "bundle of rights." These rights can be transferred through assignment, allowing the owner to monetize their creativity.

1. Can a Copyright  be Assigned

Yes. Under Section 18, the owner of a copyright (the assignor) can transfer their rights to another person (the assignee).

• Scope: The assignment can be total (all rights) or partial (specific rights, like only movie rights for a book).

• Duration: It can be for the full term of the copyright or for a limited period.

• Future Works: You can even assign a work that hasn't been created yet (a "future work"), but the assignment only becomes effective once the work actually comes into existence.

2. Mode of Assignment (Section 19)

For a copyright assignment to be legally valid in India, it must follow strict formal requirements. An oral agreement is not valid.

• In Writing: The assignment must be in a written document (an Assignment Deed).

• Signed: It must be signed by the assignor or their authorized agent.

• Key Details: The document must specifically identify:

  • The work being assigned.

  • The specific rights being transferred (e.g., reproduction, performance).

  • The duration (if silent, it is presumed to be 5 years).

  • The territorial extent (if silent, it is presumed to be India only).

  • The royalties or consideration payable to the author.

Crucial 2012 Amendment: Authors of literary or musical works used in films or sound recordings cannot "assign away" their right to receive royalties for any use of the work (except for cinema hall screenings). They must be paid a share of royalties on an equal basis.

3. Can an assignee sue an assignor?

Yes. Once the assignment is complete, the assignee becomes the legal owner of the assigned rights.

• Assignee as Owner: Under Section 18(2), the assignee is treated as the owner of the copyright for the rights transferred to them.

• Right to Sue: If the assignor (the original creator) continues to use the work in a way that violates the specific rights they sold, the assignee can sue them for copyright infringement.

• Example: If an author assigns the "exclusive publishing rights" of a book to a publisher but then decides to self-publish the same book on Amazon, the publisher (assignee) can sue the author (assignor) for violating their exclusive rights.

4. Can an assignor sue an assignee?

While the assignee usually holds the power to sue for infringement, the assignor also has remedies if the assignee fails to uphold the contract:

• Revocation (Section 19A): If the assignee fails to sufficiently "exercise" the rights (e.g., a publisher buys the rights but never publishes the book), the assignor can approach the Commercial Court (formerly the Appellate Board) to have the assignment revoked.

• Lapse (Section 19(4)): If the assignee does not exercise the rights within one year from the date of assignment, the rights automatically lapse back to the assignor (unless a different time is specified in the deed).