Copyright Assignment —
Transfer Creative Rights
With Legal Certainty
Copyright is a bundle of exclusive rights — and like any property, it can be transferred. Assignment of copyright passes those rights from the original owner to an assignee — a publisher, producer, company, or investor. Without a properly drafted written assignment deed recorded with the Copyright Office, the assignee cannot enforce those rights or prove clean title. TaxClue drafts the deed, advises on royalty and reversion clauses, and handles Copyright Office recording.
Register Copyright Assignment
Deed drafted & Copyright Office filing within ✅ 5–7 working days
3 Types of Copyright Assignment — Each With Distinct Legal Implications
Section 18 of the Copyright Act permits assignment of copyright in existing as well as future works. Understanding the type of assignment determines what rights are transferred, what is retained, and what reversion rights the author keeps.
Complete Assignment
All economic rights transferred absolutely to the assignee
Partial Assignment
Specific rights, territories, languages, or time periods transferred
Assignment of Future Works
Rights in works not yet created — assigned in advance
Copyright Assignment vs Licence — Key Differences
Copyright assignment and licence are often confused — but they have fundamentally different legal consequences. Choosing the wrong structure can have lasting commercial and enforcement implications.
| Feature | Assignment | Licence |
|---|---|---|
| Ownership transfer | Yes — assignor loses ownership | No — licensor retains ownership |
| Right to further licence | Assignee can sub-licence freely | Licensor controls sub-licences |
| Reversibility | Generally irrevocable (unless reversion clause) | Can be revoked per licence terms |
| Moral rights | Assignor retains — cannot be assigned (Sec. 57) | Author retains throughout |
| Duration | Full term unless time-limited in deed | Fixed period typically |
| Must be in writing | Yes — mandatory (Sec. 19) | Yes — exclusive licence mandatory |
| Enforcement | Assignee sues in own name | Exclusive licensee can sue; non-exclusive licensee needs licensor's support |
| Best for | Publisher / studio wants full ownership; startup IP vesting; employment work | Author wants to monetise while retaining ownership; multiple licensees possible |
What a Copyright Assignment Deed Must Contain
Under Section 19 of the Copyright Act, 1957, an assignment of copyright is not valid unless it is in writing and signed by the assignor or their authorised agent. TaxClue drafts assignment deeds that are legally complete, Copyright Office compliant, and commercially fair to the client.
A poorly structured assignment deed — missing the rights description, without royalty terms, or silent on reversion — can leave the assignee exposed to claims or leave the author unable to reclaim their work when exploitation fails. TaxClue balances the deal fairly while protecting whichever party is the client.
Copyright Assignment Deed — Key Clauses
Assignment Process — Step by Step
From commercial terms to Copyright Office recording — TaxClue manages every step.
Scope & Terms Discussion
Rights to be transferred, territory, duration, consideration, royalty structure, and reversion conditions discussed and agreed. TaxClue advises on what terms are standard vs unusual.
Day 1Assignment Deed Drafted
Deed prepared with all required clauses — rights description, territory, duration, royalties, moral rights, reversion. Shared with both parties for review and negotiation.
Day 1–3Stamp Duty Calculated & Paid
State-specific stamp duty calculated on the deed value. Deed stamped physically or via e-stamping. Unstamped deeds are inadmissible in court proceedings.
Day 3–4Deed Executed
Assignor signs the stamped deed before two witnesses. Assignee countersigns for acknowledgment. If a foreign party is involved, notarisation and apostille coordinated.
Day 4–5Copyright Office Recording
The assignment is recorded with the Copyright Office by filing a certified copy of the deed — updating the Register of Copyrights to reflect the new owner. Govt. fee paid.
Day 5–7Register Updated
Copyright Office records the change of ownership. The new owner (assignee) appears on the public Copyright Register — essential for enforcement and investor due diligence.
4–8 weeks6 Situations Where Copyright Assignment Is Used
Author → Publisher
An author assigns publishing rights to a publisher — print rights, digital rights, or both. The deed specifies territory, language, duration, advance, and royalty rate. TaxClue ensures the reversion clause (Section 19(6)) is included so rights revert if the publisher fails to publish within agreed period.
Screenplay / Script → Production House
A writer assigns the screenplay or underlying literary work to a production company for film or series adaptation. The deed covers adaptation rights, sequel rights, sequel compensation, screen credit obligations, and moral rights protection. OTT deals often require worldwide digital rights — TaxClue ensures the scope is precisely defined.
Composer / Lyricist → Music Label or Publisher
Musical composition rights, lyric rights, and sound recording rights are often assigned separately. TaxClue drafts separate assignment deeds for each rights layer — composer to publisher, performer to label — ensuring each party's rights are clearly demarcated and royalty flows are correctly structured.
Developer → Company / Startup Vesting
Founders or developers who build software before or during company formation need to formally assign copyright in the code to the company entity. Investor due diligence requires clean IP ownership. TaxClue drafts the developer-to-company assignment deed and records it with the Copyright Office, giving investors certainty.
Employee / Freelancer → Employer
Where the employment contract did not adequately capture copyright (or work was done by a freelancer, not an employee), a formal assignment deed is needed to transfer copyright to the company. TaxClue drafts the deed, secures the creator's signature, and ensures the company's IP register is updated.
Bulk IP Transfer in Acquisition
When a company with a copyright portfolio is acquired, each work must be formally assigned to the acquirer. TaxClue prepares a bulk assignment schedule listing all works, drafts a consolidated deed covering all copyrights, and files with the Copyright Office — ensuring clean title for the acquirer's IP register.
Sections 18–19 & 57 of the Copyright Act, 1957 — What They Require
Section 18 — Right to Assign
Section 19 — Mode of Assignment
Section 57 — Moral Rights (Cannot Be Assigned)
Stamp Duty & Copyright Office Recording
💰 Government Fees — Copyright Office Recording of Assignment
Recording a copyright assignment with the Copyright Office is done under Rule 75 of the Copyright Rules, 2013. The fee depends on the category of work.
| Category of Work | Recording Fee (per work) |
|---|---|
| Literary, Dramatic, Musical, or Artistic Work | ₹500 |
| Cinematographic Film | ₹5,000 |
| Sound Recording | ₹2,000 |
| Computer Programme / Software | ₹500 (literary work) |
* Fee is per work assigned. Bulk assignments covering multiple works require a separate filing and fee for each. Stamp duty on the assignment deed is payable additionally — varies by state and consideration value. TaxClue calculates the exact stamp duty before the deed is prepared.
❓ Frequently Asked Questions
An assignment transfers ownership — the assignor gives up their economic rights entirely and the assignee becomes the new copyright owner. A licence grants permission to use the copyright without the licensor losing ownership. After assignment, the assignor has no right to use the work (unless a back-licence is granted in the deed). After a licence, the owner retains the copyright and can grant further licences. For publishing deals, the industry norm has shifted toward licensing (which preserves the author's ownership and reversion rights) rather than outright assignment. However, employers typically require assignment of work-related IP, and startups require assignment of founder-created IP into the company. TaxClue advises on which structure is appropriate before any deed is drafted.
Generally, copyright assignments are irrevocable once executed — there is no general right to "unwind" an assignment. However, there are specific statutory protections for authors: (1) Section 19(6) provides that if the assignee fails to exercise the rights within 1 year of assignment (or such period as agreed), the assignment is deemed lapsed and copyright reverts to the author — this is the key reversion right TaxClue always includes in deed drafts. (2) Where the work is incorporated in a cinematographic film, Section 19(9) and (10) provide that the author of the underlying literary or musical work retains the right to claim royalties for certain exploitations. (3) Moral rights under Section 57 are always retained by the author and cannot be waived even in a complete assignment. Outside these statutory protections, the only way to recover an assigned copyright is by agreement with the assignee or through court proceedings if the assignment was obtained by fraud or misrepresentation.
Section 19(5) and (6) of the Copyright Act contain important default rules: if the assignment deed does not specify the territory, it is presumed to apply only within India. If the duration is not specified, the assignment is presumed to be for a period of 5 years from the date of assignment. These defaults are often commercially unfavourable for assignees — a publisher or production company that pays substantial consideration for "worldwide rights" and then discovers the deed is silent on territory may find themselves with only Indian rights after a dispute. TaxClue always specifies territory (worldwide / India / specified countries) and duration (full copyright term / fixed years) explicitly in every deed to avoid these traps.
Under the Copyright Act, recording with the Copyright Office is not a condition of validity — an unrecorded assignment is still legally effective between the parties if the deed is properly executed and stamped. However, recording is strongly recommended for two reasons: (1) it creates a public record in the Register of Copyrights, putting third parties on notice of the ownership change; and (2) it establishes a clear paper trail for enforcement — in any infringement proceeding, the assignee needs to prove they hold the copyright, and a Copyright Office record is the most straightforward evidence. For investor due diligence, publication contracts, and platform content licensing, counterparties increasingly require a Copyright Office recording as part of their IP verification process. TaxClue always recommends recording after execution.
Yes — and this is in fact the standard structure in the music industry. Copyright in music exists as three separate and independently assignable rights: (1) the musical work copyright (the composition — melody and arrangement), owned by the composer; (2) the literary work copyright (the lyrics), owned by the lyricist; and (3) the sound recording copyright (the actual recorded performance), owned by the producer / label. A songwriter can assign composition rights to a music publisher while the label holds the sound recording rights. Royalty flows — mechanical royalties, performance royalties, synchronisation fees — then split between these rights holders according to contract. TaxClue drafts separate assignment deeds for each rights layer and advises on standard industry royalty splits and MRO / IPRS registration implications.
⚠️ Copyright Assignment Mistakes That Create Legal Risk
These errors are commonly made in copyright deals — especially in publishing and entertainment — and can be costly to unwind:
- Oral or email-based copyright assignment — no legal effect under Section 19; must be a written, signed instrument
- Not specifying territory — silent deed defaults to India only under Section 19(5), even if the parties intended worldwide
- Not specifying duration — silent deed defaults to 5 years only, not the full copyright term
- Not including a reversion clause — assignee can sit on the work indefinitely without exploiting it; Section 19(6) protection only applies if period is specified
- Assigning a work the creator does not own — e.g. employer-owned work assigned by employee without employer's consent
- Not acknowledging moral rights in the deed — assignee attempting to alter or attribute the work differently creates disputes
- Unstamped deed — inadmissible in court, leaving the assignee unable to enforce their rights in litigation
- Bulk assignment deed with a vague work schedule — "all works created by X" without specific identification leads to disputes over what was included
Complete Copyright & IP Portfolio Services
Copyright Registration
Register the original work before assigning — creates the public record.
Learn More →Copyright Objection Reply
Third-party objection or examiner discrepancy — we respond and defend.
Learn More →Trademark Assignment
Transfer trademark ownership — deed drafting and TM Registry filing.
Learn More →A Copyright Assignment Is Only as Strong as the Deed Behind It
The wrong territory, a missing reversion clause, an unstamped deed — any of these can leave an assignee without enforceable rights or an author unable to reclaim their work. TaxClue structures every copyright assignment correctly from the first draft — protecting whichever party is the client.
🔒 Confidential · NDA on Request · 4.9★ · Deed + Royalty + Reversion + Moral Rights + Stamp Duty + Copyright Office Recording