Copyright Licenses & Assignments

Under the Copyright and Neighboring Rights Act, 1999 a copyright owner can exploit his rights either directly (i.e. selling copies of the work himself), or indirectly (i.e. giving other the right to exploit his work). Indirect exploitation can be achieved by the copyright owner through assigning his copyright to a third party, or licensing his copyright to a third party. The Copyright and Neighboring Rights Act, 1999 sets out detailed rules on assignment and licensing of a copyright.

Generally, assignment must be in writing and it may be in whole or in part. Depending on the terms of assignment, the act of assignment transfers the title in the work such that even the assignor can subsequently be restrained from doing an act that infringes the rights of the assignee as the new owner of the copyright. Licensing confers contractual right on the licensee and it does not pass any title in the work. The copyright may be licensed on exclusive or non-exclusive basis. The Copyright Administrator can register assignment and licensing of a copyright.