This post was first published on 27th June, 2014.
The owner of the copyrights of any work may grant a license under the Copyright law to authorize a third party to use and distribute the copyrighted work. A copyright license may be exclusive or nonexclusive.
The term Exclusive License is defined in section 2(j) of the Copyright Act to mean and include a license which confers on the licensee and the persons authorized by him, to the exclusion of all other persons,…
This post was first published on 26th June, 2014.
This post is in continuation of my earlier post regarding the meaning and principles behind copyright assignments in India. In this post, we will be specifically addressing the factors that should be taken into account while preparing an Assignment Deed and License Agreement.
Section 19 of the Copyright Act, 1957 as amended in 2012, lists certain exhaustive factors that should be taken into consideration by the parties involved, while preparing an Assignment…
This post was first published on June 21, 2011.
FAO. No. 82 of 2009, Kerala High Court, decided by Justice M.N. Krishnan
FACTS
The Petitioner no 1, Matrubhumi Printing and Publishing Ltd who operates a licensed Radio Station “Club FM 94.3” in parts of Kerala has a license from the Phonographic Performance Limited (PPL) to broadcast sound recordings. Indian Performing Rights Society (IPRS), the defendant, a society of composers, lyricists etc which grants licenses with respect to musical and literary works threatened…
The Copyright Amendment brought in a few important changes with respect to mode of assignment of works. Not exercising due care with these provisions might result in reversion of rights. Thankfully, some of these changes were all encompassing and not limited only to authors or owners of works for films.
Relevant provisions of Section 19 read as follows:
"19. Mode of assignment. ...
(4) Where the assignee does not exercise the rights assigned to him under any of the other…