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Assignment of Copyright It could be temporary or permanent. An assignment serves two purposes. As far as the assignee is concerned, it confers on him the right of exploitation of work for a specified territory or period. For the assignor, it confers the right to receive royalty or other consideration.
As per section 19, assignment of copyright is valid only if it is in writing and signed by the assignor or his duly authorized agent. The assignment of a copyright in a work should identify the work and specify kind of rights assigned and the duration and territorial extent of such assignment.
The owner of the copyright of a work has the right to assign his copyright to any other person. The effect of assignment is that the assignee becomes entitled to all the rights related to the copyright to the assigned work2.
In general, all you need to do is create a work of authorship and write it down or otherwise record it somewhere. This will automatically create copyright protections. In theory, you do not need to own the original copy in order to own the copyright.
In case of assignment in work yet to be created, the assignment shall take effect only after the work comes into existence. Since registration of Assignment is not compulsory, the Assignee has no way of finding out if there are previous assignments except through the Assignor.
The Licensing Agreement is between the licensor and licensee while the Assignment deed is between the assignor and the assignee. Any IPR can be licensed for eg. Copyright, trademark, design, or patents. Copyrights, trademarks, geographical indications, patents rights and designs, etc.
A copyright assignment is the transfer of copyright ownership rights from one party to another. This transfer is not valid unless it is in writing and signed by the owner or its authorized agent. If you want to transfer a right on a non-exclusive basis, a written agreement is usually not required.
Further, if the assignee does not exercise or utilize the rights of the work assigned to him, within a period of 1 year from the date of assignment, the assignment in the said work shall be lapsed on completion of 1 year from the date of assignment.