What is an Assignment and Licensing of Copyright?

 

What is an Assignment of Copyright?

An assignment is, in spirit, a transfer of ownership, even if it is partial. The copyright owner in an existing work or the future owner of the copyright in a further work may assign to any person the copyright either wholly or partially, either generally or subject to limitation, either for the whole of copyright or any part thereof. In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea.

No one has the right to copy, reproduce, sell, or publish an original work without the permission of the creator. It means that only the owner of the copyright can transfer the ownership of the copyright to a third party. Another important thing to note is that with the assignment of a copyright, the assignee shall also enjoy all the rights related to the copyright of the assigned work.

Copyright is a bundle of rights and can be exploited in several ways independently from each other. Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.

An assignment has two objectives:

1. Where an assignee is concerned, it confers on him the right of exploitation of work for a specified period in the specified territory; and;
2. For the assignor, it confers on him the right to receive a royalty on the work assigned.

Mode of Assignment of Copyright

The owner of the copyright in the existing or future work may assign it to any person. It can be assigned either wholly or partially and with or without limitation on the whole or any part of the copyright. Assignment of copyright in any work shall not be valid unless it is in writing and signed by the assignor or by his authorized agent. Oral assignment of copyright is usually neither permissible nor valid. It shall identify the work and specify the rights assigned, the duration, the territorial extent of such assignment, and the amount of royalty payable to the author.

Difference between Assignment and Licensing of Copyright

Copyright license and assignment of copyright are two dissimilar terms that cannot be used interchangeably. Each of them is different in its own way. A license provides approval of an act, and without it, the authorization would amount to infringement. Licensing usually involves authorizing some of the rights out of many. It can either be exclusive or non-exclusive. In the case of assignment, it includes the disposal of the copyright, which in simple terms means the assignor assigns the copyright to another person or the transfer of ownership of the copyright to some other person, whereas in the case of a license, only some Intellectual Property (IP) is transferred and the ownership is not transferred to the licensee. A license does not confer any right to the licensee against a third party or licensor, but an exclusive licensee has substantial rights against the licensor and even a right to sue the licensor.

A licensee also has the right to make amendments provided that his license does not restrict that right. In case there is a failure in paying the royalties, the licensor can revoke the license. When it comes to the assignment, the same is not possible. However, if there is anything harsh that can affect the author, it may lead to revocation in the event of a complaint made to the copyright board.

A copyright license, unlike a copyright assignment, needs to be in writing. It can be oral or implied after considering all the facts and circumstances relating to the transaction between the owner of the copyright and the licensee. Thus, if an individual who is the owner of a copyrighted work thinks about assigning the copyright, he can consider licensing his copyright instead of assigning it. It would help in retaining ownership, thereby licensing only certain rights to another party.

Essential Features of a Copyright Assignment Agreement

• The assignment must specify the amount of copyright. The creator shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright, subject to certain conditions.
• The ownership may be assigned either wholly or partially.
• The assignment should also specify the duration.
• The territorial extent of such assignment should be specified.
• The assignment shall be subject to revision, extension, or termination on terms mutually agreed upon by the parties.
• The creator is entitled to subsequent royalties in the course of future exploitation of a work.
• The assignee has the rights of translation, abridgment, adaptation, and dramatic and filmmaking in the work after obtaining the rights via assignment deed.

The main objective of the assignment process is to give financial and distribution benefits to the original work. Copyright assignment can prove to be a necessity in this world as it may lead to enhancing the potential of the original work by reaching several individuals as they may add their creativity to the original work. However, the practicality of copyright assignment has been controversial on several occasions due to the increasing number of Copyright Infringement cases.

Copyright Infringement And Ways Of Avoiding It

Intellectual works such as written stories, poems, recorded songs, artworks, and photographs are just some of the original creations that can obtain Copyright Protection. It implies that the authors, creators, or artists or these original works own the exclusive rights to sell, distribute, derive, or modify their material. Without the owner's expressed permission, it is not legal for anyone to use the copyrighted work. Otherwise, the owner can sue you for violating the Copyright Law, and you may be held liable for Copyright Infringement.

COPYRIGHT INFRINGEMENT

Copyright Infringement is just another term for theft of ideas and piracy. To be specific, it refers to the act of stealing someone's original creations and violating his Intellectual Property (IP). It is indeed an illegal offense, especially when the person who has copied the idea, recoups all the benefits on behalf of the original creator.

EXAMPLES OF COPYRIGHT INFRINGEMENT

1. A classic example of copyright infringement involves the use of music in your videos. If you haven't obtained the legal consent to use a song or audio as the background music in your creative works, presentations, or movies, you could be held liable for copyright infringement. Nowadays, various video-sharing social media platforms like Facebook and YouTube actively mute songs and music for preventing Copyright Violation.
2. Quite often, many creators provide the option of downloading their original works for a fee. However, downloading a TV show, music, software, or movie, that is not owned by the creator leads to copyright violation. Such non-authorized websites automatically prompt you to share the same material with others as well, which results in you redistributing the copyrighted material intentionally or unintentionally and without the owner's permission or knowledge.Another typical example of copyright infringement involves using a creator's artwork, photograph, or graphics in your website's posters, banners, or brochures, without seeking their permission. You can't use such material in your marketing campaigns as well until and unless you either buy the photograph or artwork or pay the creator a certain fee. Furthermore, purchasing or paying for someone's artwork doesn't permit you to use the same for merchandising without any explicit consent.
3. Even if it's a derivative or inspired work, you can't copy it and claim it as your own; it is referred to as 'plagiarism' in the music or publishing industry.
4. Although it is reasonably acceptable to record a TV show at home for watching it later; however, passing the recorded material to others, producing a bunch of its copies to sell and gain profit, or broadcasting and posting the video online becomes a case of copyright infringement.

HOW TO AVOID COPYRIGHT INFRINGEMENT

In today's digitally transformed world, it has become ever-easier to reproduce or distribute the original works of the creators. However, the risks and consequences associated with copyright infringement won't be worth the trouble to your finances, peace of mind, reputation, and time. Few tips to avoid copyright infringement are as follows:

Always Assume There's Copyright

Assuming that a created work has copyright protection is the safest option. Even if you don't come across any official statement regarding the public use of that particular material, there's still a probability that someone already owns its Intellectual Property Rights (IPRs). Therefore, it is better to get written consent from the copyright owner whose work you wish to use. Put in efforts to contact the owner for making or negotiating a deal.

Research Well Before Using the IP of Others

Some creators share their works for a price, while others grant permission, only if there is proper attribution. In case there are no attribution conditions or specific fee involved, you must go through the clause of Terms and Conditions on the official website of the copyright owner. Besides, contacting the owner for his expressed consent is usually the best possible way of preventing infringement.

Understand the term 'Fair Use'

Making yourself aware of the rights under 'Fair Use' can help you in taking advantage of the original works for non-commercial endeavors. However, it is imperative to know about a few factors that may affect your usage and its value in the market. Consulting a legal expert on copyright laws can clear your doubts as well.

Pay Someone for the Original Works or Create your Own

If you have the right creative and artistic skills, you can also come up with your original content, rather than copying someone else's work. On the other hand, if you have adequate financial resources, then you can pay other people to be the creator yourself.

Source Free-to-Use Materials under the Public Domain

Nowadays, there are many sources for free-to-use materials under the Public Domain. You can search for the works with 'Creative Commons' (CC) license (enabling the free distribution of the otherwise copyrighted work), which can be commercially viable.

Ref: Copyright Infringement And Ways Of Avoiding It ✅ https://t.co/gs6jVho96A#trademarkregistration #trademark #patentregistration #industrialdesign #copyright #patent #intellectualProperty#IP #kipg #domainname pic.twitter.com/yNbwPwHYRk

— Kashish Intellectual Property Group (@Kashish_IPGroup) September 20, 2019

Marvel Wins Copyright Lawsuit Over 'Iron Man 3' Poster

Marvel Entertainment has finally won a Copyright Infringement lawsuit after four years that alleged the company had copied the design of their movie poster for "Iron Man 3" from two comic book artists' work.

Horizon Comics Production, owned by comic book artists and brothers Ben and Ray Lai, had sued Marvel in 2016 by claiming that the official poster of Iron Man 3 was way too similar to the appearance of a character named Caliban from their comic book series called Radix. In their lawsuit, Horizon claimed that six employees of Marvel were well aware of Radix and the design of Caliban. Additionally, the Copyright Infringement Lawsuit read that two of those employees had even worked with the comic artists and influenced the creators of the Iron Man 3 poster.

However, J. Paul Oetken, a US District Judge in New York, in his ruling asserted that the poster was designed based on inspiration boards made by Marvel's creative team, images from the movies of Iron Man, and a photoshoot starring Robert Downey Jr. To this, Horizon argued by saying that the two works were strikingly identical, and even produced an expert report discussing the aspects of anatomical structures and camera views. But the judge sided with Marvel by pointing out the differences in the pose, placement of lights, and overall coloring.  At last, the judge stated that in contrast to Horizon's no virtual evidence of copying in the records, Marvel was successful in introducing a piece of unrebutted evidence, which showed its independent creation of the Iron Man 3 poster.

Ref: https://www.kashishworld.com/blog/marvel-wins-copyright-lawsuit-over-iron-man-3-poster/