Assignment, transmission, and relinquishment of copyright govern the transfer or surrender of copyright rights under the Copyright Act, 1957. Assignment involves voluntarily transferring rights to another party. Transmission occurs by law through inheritance or bankruptcy. Relinquishment means voluntarily surrendering rights, placing the work in the public domain. 

Copyright is a legal right granted to the creator of an original work, including literary, dramatic, musical, and artistic works.

It provides the creator exclusive rights to use, distribute, and reproduce the work.

In India, the Copyright Act of 1957 governs the protection and enforcement of copyright.

This article explores the assignment, transmission, and relinquishment of copyright, highlighting the relevant sections of the Copyright Act of 1957.

Also Read: Salient Features of the Paris Convention, 1883

Definition of Copyright

Under Section 2(d) of the Copyright Act, 1957, “copyright” refers to the exclusive rights granted to the creator of an original work, allowing them to control the use and distribution of that work.

The term “work” in this context includes:

1. Literary works: This includes books, articles, essays, and any other written material.
2. Dramatic works: This includes plays, scripts, screenplays, and other works intended for stage or screen performance.
3. Musical works: This covers compositions of music, whether with or without accompanying lyrics.
4. Artistic works: This includes paintings, drawings, sculptures, photographs, and other forms of visual art.
5. Cinematograph films: This covers movies and other visual recordings, including sound recordings that accompany them.
6. Sound recordings: This includes audio recordings, whether musical, spoken word, or any other form of recorded sound.

Also Read: Procedure for Registration of Designs under the Design Act 2000

Meaning of Copyright

The meaning of copyright encompasses a bundle of rights that the law provides to the creator or owner of the original work.

These rights typically include:

1. Reproduction Right: The exclusive right to reproduce the work in any material form, including storing it electronically.
2. Distribution Right: The right to distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
3. Public Performance Right: The right to perform the work publicly, whether directly or by means of any device or process.
4. Adaptation Right: The right to make adaptations, translations, or other derivative works based on the original work.
5. Communication to the Public Right: The right to communicate the work to the public, including broadcasting, streaming, or making it available online.
6. Moral Rights: These include the right to claim authorship of the work and to oppose any distortion, mutilation, or other modification of the work that would harm the creator’s reputation.

The First Owner of Copyright

The general rule is that the author of a work is the first owner of the copyright. However, there are specific exceptions based on the nature of the work and the circumstances under which it was created.

1. Works Created for Newspapers or Magazines: If an author creates a literary, dramatic, or artistic work as part of their employment for a newspaper, magazine, or periodical, the publisher owns the copyright only for publication and reproduction in that periodical. However, for any other use, the author retains the copyright.
2. Works Created for Payment: If a photograph, painting, portrait, engraving, or cinematograph film is created in exchange for payment, then the person who paid for it becomes the first owner of the copyright, unless there is an agreement stating otherwise.
3. Works Created During Employment: If an employee creates a work as part of their job under a contract of service, the employer owns the copyright unless there is an agreement to the contrary.
4. Public Speeches & Addresses: The person who delivers a speech or public address owns the copyright in it. If the speech is delivered on behalf of someone else, then that other person owns the copyright. Even if the speech is arranged by an employer, this does not transfer copyright to the employer.
5. Government Works: For works created by or for the Government, the Government owns the copyright, unless stated otherwise in an agreement.
6. Public Undertakings: If a work is made or first published by a Government-owned company or a statutory body, the public undertaking owns the copyright unless agreed otherwise.
7. International Organizations: If a work falls under Section 41, the international organization involved owns the copyright.
8. Cinematograph Works Exception: If a work is incorporated into a cinematograph film, this does not affect the original author’s rights over literary, dramatic, musical, or artistic works used in the film.

Assignment of Copyright

Assignment of copyright refers to the transfer of ownership rights from the original copyright holder (assignor) to another party (assignee).

This transfer can be partial or complete, depending on the terms agreed upon by both parties.

The assignment can cover all rights or specific rights such as reproduction, distribution, or public performance.

Legal Provisions

Under the Copyright Act of 1957, Section 18 deals with the assignment of copyright.

It states that the owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially.

The section outlines the necessary conditions and formalities for a valid assignment.

Also Read: Salient Features of the Design Act, 1911

Section 18: Assignment of Copyright

Who Can Assign Copyright?

• The owner of an existing work or the prospective owner of a future work can assign copyright, either fully or partially.
• The assignment takes effect for future works only when they come into existence.

Limitations on Assignment

• The assignment does not automatically apply to new technologies or platforms unless specifically mentioned.
• Authors of literary or musical works in films cannot give up their right to equal royalties, except to legal heirs or copyright societies.
• The same rule applies to authors of musical or literary works in sound recordings (not part of a film). Any contract violating this is void.

Rights of the Assignee

• The assignee (new copyright holder) gets full ownership of assigned rights, while the original owner retains any unassigned rights.
• If the assignee dies before a future work is created, their legal representatives inherit the rights.

Legal Precedents

• An agreement to assign does not transfer ownership immediately but creates a legal right to transfer once the work exists. (Reoti Saran Sharma case)
• If a work is substantially similar to another and the accused party cannot prove otherwise, it counts as copyright infringement. (Godrej Soaps case)

Also Read: Powers and Duties of Controller of Designs

Section 19: Mode of assignment

Formal Requirements

• The assignment must be in writing and signed by the assignor or their authorized agent.
• It must identify the work, specify the rights assigned, and mention the duration and territorial scope of the assignment.

Royalty and Consideration

• The agreement must include details about royalty and any other payments to the author or their legal heirs.
• The assignment can be revised, extended, or terminated based on mutual agreement.

Lapse of Assignment

• If the assignee does not use the assigned rights within one year, the rights automatically lapse unless stated otherwise.

Default Duration and Scope

• If no duration is specified, the assignment is valid for five years.
• If no territorial extent is mentioned, it is assumed to apply within India.

Exceptions

1. These rules do not apply to assignments made before the 1994 Copyright Amendment Act.
2. If a copyright society already holds rights to a work, conflicting assignments are void.

Royalties for Cinematograph Films and Sound Recordings

• If a work is assigned for a cinematograph film, the author still has the right to equal royalty shares if the work is used separately from the film.
• If a work is assigned for a sound recording (not part of a film), the author retains the right to equal royalty shares for any other use.

Transmission of Copyright

Transmission of copyright occurs when the rights in a copyrighted work are transferred from one party to another by operation of law.

This can happen through inheritance, bankruptcy, or other legal mechanisms.

Transmission differs from assignment as it is not based on an agreement between the parties but rather a legal process.

Legal Provisions

Section 20 of the Copyright Act of 1957 addresses the transmission of copyright. It states that copyright is transmissible by testamentary disposition or by operation of law as movable property.

The section highlights the legal framework governing the transfer of copyright in situations such as inheritance or bankruptcy.

Types of Transmission

Transmission of copyright can occur in various ways, including:

• By Will: The copyright holder can transfer their rights through a will. Upon the holder’s death, the rights are passed to the beneficiaries named in the will.
• By Operation of Law: In cases of bankruptcy or insolvency, the copyright may be transferred to creditors or a trustee appointed by the court.
• Through Inheritance: If the copyright holder dies intestate (without a will), the copyright rights are transferred to the legal heirs according to the succession laws.

Rights of the Transferee

The transferee, whether by inheritance, bankruptcy, or other legal means, acquires the rights of the original copyright holder.

These rights include the ability to exploit the work as permitted by the Copyright Act.

The transferee can also assign or license these rights to others, subject to any legal restrictions.

Relinquishment of Copyright

The author of a work may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to the Registrar of Copyrights or by way of public notice and thereupon such rights shall, subject to the provisions of sub-section (3), cease to exist from the date of the notice.

Relinquishment of copyright refers to the voluntary surrender of copyright rights by the copyright holder.

This can be done for various reasons, including the desire to place the work in the public domain or to disclaim rights due to lack of interest or economic benefit.

Legal Provisions

Section 21 of the Copyright Act of 1957 addresses the relinquishment of copyright.

It states that the owner of a copyright may relinquish all or any of the rights comprised in the copyright by giving notice in the prescribed form to the Registrar of Copyrights.

The section outlines the procedure for relinquishment and its effects.

Procedures and Formalities

For a valid relinquishment, the copyright holder must submit a notice in the prescribed form to the Registrar of Copyrights.

The notice should clearly specify the rights being relinquished and be signed by the copyright holder or their authorized agent.

Upon receipt of the notice, the Registrar will make the necessary entries in the Register of Copyrights.

Effects of Relinquishment

Once relinquishment is effected, the specified rights are no longer protected by copyright.

The work enters the public domain, allowing anyone to use, reproduce, and distribute the work without seeking permission or paying royalties.

Relinquishment is irreversible, and the former copyright holder cannot reclaim the rights once relinquished.

Also Read: Powers and Functions of State Biodiversity Board and Biodiversity Management Committee

Comparison of Assignment, Transmission, and Relinquishment of Copyright

Case Laws

Indian Performing Rights Society Ltd. vs Eastern Indian Motion Pictures Association (1977)

Citation: AIR 1977 SC 1443

Summary: In this landmark case, the Supreme Court of India dealt with the issue of assignment and licensing of copyright in musical works. The Indian Performing Rights Society (IPRS) claimed rights to perform certain songs in public, arguing that they held the exclusive performing rights. However, the Eastern Indian Motion Pictures Association contended that the rights to the music were assigned to the film producers. The court held that the assignment of rights by the music composers to the film producers was valid, and the IPRS did not have exclusive rights to perform the music in public.

Entertainment Network (India) Ltd. vs Super Cassette Industries Ltd. (2008)

Citation: AIR 2008 SC 61

Summary: This case involved the assignment of copyright in sound recordings. Entertainment Network (India) Ltd. (ENIL) operated radio stations and sought a compulsory license to broadcast songs owned by Super Cassette Industries Ltd. (SCIL). SCIL argued that ENIL could not use the songs without obtaining a license from them. The Supreme Court ruled in favor of ENIL, granting them a compulsory license under Section 31 of the Copyright Act, 1957, highlighting the circumstances under which compulsory licenses can be issued for copyrighted works.

Rameshwari Photocopy Services vs University of Delhi & Others (2016)

Citation: 2016 SCC OnLine Del 4541

Summary: In this case, the Delhi High Court addressed the issue of the transmission of copyright in educational materials. The plaintiffs, publishers of academic books, filed a lawsuit against Rameshwari Photocopy Services for making photocopies of their copyrighted works and distributing them to students. The court held that the act of photocopying was not an infringement of copyright as it fell under the “fair use” provision for educational purposes. This case emphasized the limitations on copyright holders’ rights in the context of educational use.

Anil Gupta & Anr. vs Kunal Dasgupta & Ors. (2002)

Citation: 2002 (25) PTC 1 (Del)

Summary: Anil Gupta, the creator of a popular TV show format, filed a suit against Kunal Dasgupta and others for unauthorized use of his show’s format. The Delhi High Court examined whether the format of a TV show could be protected under copyright law and whether there was an assignment of copyright. The court ruled in favor of Anil Gupta, recognizing the format as a copyrightable work and holding that the defendants had infringed Gupta’s rights by not obtaining a proper assignment or license for the use of the format.

Amarnath Sehgal vs Union of India (2005)

Citation: 117 (2005) DLT 717

Summary: This case involved the relinquishment of copyright in an artistic work. Amarnath Sehgal, a renowned sculptor, created a mural for the Government of India, which was later damaged and neglected. Sehgal filed a suit for damages and the right to remove his mural. The Delhi High Court recognized the moral rights of the artist under Section 57 of the Copyright Act, 1957, which includes the right to protect the integrity of the work. The court ruled in favor of Sehgal, ordering the government to return the mural to the artist and pay damages for the moral rights violation.

Conclusion

Understanding the mechanisms of assignment, transmission, and relinquishment of copyright is crucial for creators, rights holders, and legal practitioners.

The Copyright Act of 1957 provides a comprehensive framework governing these processes, ensuring that the rights of all parties involved are protected and enforced.

By following the legal provisions and formalities, stakeholders can effectively manage and transfer copyright rights, fostering creativity and innovation in the creative industries

Follow The Legal QnA For More Updates…