What are the requirements for a valid copyright assignment under Section 19

Question

I want to transfer or license my copyrighted work to a company and need to know what makes the assignment legally valid. What I am unsure about is the procedure — where the application goes, what it costs, and how long copyright assignment deed matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to copyright assignment deed here is Copyright Act, 1957, Section 19 and Copyright Act, 1957, Section 19A. The detail below matters, because Copyright Act, 1957, Section 19 draws the line differently depending on what your documents show.

Section 19 of the Copyright Act, 1957 requires every assignment of copyright to be in writing and signed by the assignor or a duly authorised agent, and it must specify the work, the rights assigned, the duration and territorial extent of the assignment, and the royalty or consideration payable.

If the duration of assignment is not specified, Section 19(5) deems it to be five years from the date of assignment, and if the territorial extent is not specified, Section 19(6) deems it to extend only within India, which surprises many parties who assumed a worldwide, perpetual transfer.

Section 19(8) and 19(9), inserted by the 2012 amendment, protect authors of literary and musical works incorporated in films or sound recordings by entitling them to equal royalties for utilisation of the work, notwithstanding any assignment, a right that cannot be contractually waived except to a legal heir or a copyright society.

Section 19A allows the Copyright Board (now the Appellate Board's functions transferred to the Commercial Courts and IPD of High Courts after 2021) to revoke an assignment if the assignee fails to exercise the rights assigned within one year, at the instance of the assignor, protecting authors from indefinite dormant assignments.

In practice, in this order: 1) Draft the assignment deed in writing specifying work, rights, duration and territory; 2) State the royalty or consideration payable in clear terms; 3) Register the assignment if it relates to a registered copyright, though registration is not mandatory; 4) Retain a signed copy and proof of consideration paid.

Timing matters here: Copyright Act, 1957, Section 19 works on limitation periods, so a copyright assignment deed claim that is right on the merits can still fail if it is brought late. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in intellectual property.