Copyright Assignment Deed — Draft Template

DEED OF ASSIGNMENT OF COPYRIGHT

(Under Section 18 & 19 of the Copyright Act, 1957)

THIS DEED OF ASSIGNMENT is made and executed at [City] on this [Day] day of [Month, Year].

BETWEEN

[Name of Assignor], [S/o / D/o / W/o] [___], aged [__] years, residing at [Full Address], PAN [______] (hereinafter called the "ASSIGNOR", which expression shall, unless repugnant to the context, include his/her heirs, executors, administrators and assigns) of the ONE PART;

AND

[Name of Assignee], [S/o / D/o / a company incorporated under the Companies Act, 2013, CIN ______], having its [residence / registered office] at [Full Address], PAN [______] (hereinafter called the "ASSIGNEE", which expression shall include its successors and assigns) of the OTHER PART.

WHEREAS:

(a) The Assignor is the sole author and first owner of the copyright, within the meaning of Section 17 of the Copyright Act, 1957, in the original [literary / dramatic / musical / artistic / cinematograph film / sound recording / software] work titled "[Title of Work]", more particularly described in the Schedule hereto (the "Work").

(b) The Work [is / is not] registered with the Copyright Office under Registration No. [ROC/____/20__].

(c) The Assignee is desirous of acquiring the copyright in the Work, and the Assignor has agreed to assign the same on the terms below.

NOW THIS DEED WITNESSETH as follows:

1. Assignment. In consideration of the sum of ₹[Amount] (Rupees [amount in words] only) paid by the Assignee to the Assignor (the receipt whereof the Assignor hereby acknowledges), the Assignor hereby absolutely assigns and transfers unto the Assignee all rights comprised in the copyright in the Work under Section 14 of the Act, including the right to reproduce, issue copies, perform, communicate to the public, make adaptations and translations, and to reproduce the Work in any material form or medium, whether now known or hereafter devised.

2. Rights Assigned. The assignment covers the following rights: [list specific rights e.g. reproduction, publication, distribution, digital & electronic rights, merchandising, adaptation]. Rights not expressly assigned herein are retained by the Assignor (Section 19(4)).

3. Territory. This assignment is valid for the territory of [India / worldwide]. (If territory is not specified, it is presumed to extend within India — Section 19(6).)

4. Duration. The assignment is for the [full term of copyright / a period of [__] years from the date hereof]. (If the period is not stated, it shall be deemed to be five years from the date of assignment — Section 19(5).)

5. Consideration & Royalty. The consideration is ₹[Amount] as a one-time lump sum [and/or] royalty of [__]% of net receipts payable [quarterly], as per the Schedule. The Assignor and his/her legal heirs shall have an equal right to royalty and consideration in the event of further assignment/exploitation, in accordance with the proviso to Section 18(1).

6. Reversion. If the Assignee does not exercise the rights assigned within one year from the date of assignment, the assignment in respect of such unexercised rights shall be deemed to have lapsed, unless otherwise specified herein (Section 19(4)).

7. Moral Rights. Notwithstanding this assignment, the Assignor retains his/her special (moral) rights under Section 57 — the right to claim authorship of the Work and to restrain or claim damages for any distortion, mutilation or modification prejudicial to his/her honour or reputation.

8. Warranties. The Assignor warrants that he/she is the sole owner of the copyright, that the Work is original and does not infringe any third-party right, and that the copyright is free from encumbrances, liens or prior assignment.

9. Further Assurance. The Assignor shall execute all documents and do all acts, including joining any application to the Registrar of Copyrights, reasonably required to perfect the Assignee's title.

10. Governing Law & Dispute Resolution. This Deed is governed by the laws of India. Any dispute regarding the assignment may be referred to the Commercial Court having jurisdiction, or, where it concerns the terms/duration/royalty of the assignment, to the Commercial Court (the erstwhile jurisdiction of the Copyright Board/Appellate Board now vesting in the Commercial Courts / High Court) under Section 19A. Courts at [City] shall have jurisdiction.

SCHEDULE — Description of the Work

Title: [Title]  |  Class/Category: [literary/artistic/musical/software]  |  Year of creation: [Year]  |  Copyright Registration No. (if any): [____]  |  Description: [brief description / medium].

IN WITNESS WHEREOF the parties have set their hands to this Deed on the date first above written.

WITNESSES:

1. ______________________   [Name & Address]      2. ______________________   [Name & Address]