License Of a Copyright

INTRODUCTION

A license is a transfer of copyright interest[1]. A license entitles another person to use the copyrighted material. The license may grant copyright in existing work or copyright in future work. The licensee may use the copyrighted work unless the right holder has brought any claim of infringement or illegal use to the licensee.

The license agreement must contain the following information for use:

  • Identification of work and licensed rights
  • Length of license
  • Amount payable
  • Conditions related to renewal, extension and / or termination of license.

The license must be in writing and signed by the copyright owner or his or her authorized representative. [2]Information about current or future copyrighted work If the licensee of a future work dies before the work is created, his or her legal representatives will be entitled to benefit from the license, if no infringement.

A license can be of two types:

  • Voluntary License
  • Compulsory license

A voluntary license is covered under Section 30 of the Indian copyright law, which defines voluntary licensing as:

The copyright holder of any existing employee or potential patent holder of any future employee may grant any interest in the right with a written license signed by him or her or a duly authorized agent[3].

Therefore, an existing copyright holder or future patent holder may offer an interest in the right in the form of a license, in the case of a copyrighted work of a future license the license will only apply if the work arises.

Compulsory license is subject to Section 31 of Indian Indian copyright law. A term used for a legal license that grants the exclusive right to act without the prior permission of the copyright holder. Section 31 provides for compulsory copyrighted work by copyrighted work.

In case the copyright owner refuses to do this:

  • Re-publishing or approving the reprint of a work or refusing to allow the public works to be performed on the grounds that the work has been withheld from the public.
  • Allow work communication in the public domain through the broadcast of that work, or in the case of audio recordings of the work recorded in that audio record in terms of which the plaintiff deems it appropriate.

The Copyright Board, after giving a reasonable opportunity to the copyright holder to be heard, after which it conducts an investigation and is satisfied, may direct the Copyright Registrar to issue a compulsory license to the plaintiff to re-publish the work, publish or communicate the work to the public, etc.

The primary goal of compulsory licensing is to make copyrighted work available to the general public. Copyright protects the work of writers, artists, etc. to benefit from the results of their hard work and creativity. However, such work must be available to the people in order to achieve it. In some cases, copyright owners are not willing to part with their work and in that case, in order to make the work available to the public, compulsory licenses are issued by the Registrar of Copyright.

Validity of a license

If the licensee does not exercise the right to which the license has been granted within one year, the license in respect of that right will be deemed to have expired after the expiration of one year unless otherwise specified in the license deed.

If the duration of the license is not stated in the title deed, it will be deemed to be five years.

In the event of any dispute between the licensor and the licensee, the victim may lodge a complaint with the copyright board, which will conduct an investigation and pass appropriate orders that may place an order for any fees.

A license revocation order will not be issued before the expiry of the five-year period unless the terms of the agreement are too strict for the licensee and the licensor is re-authorized.

Copyright may be owned by more than one owner. In such a case, if the joint owner grants a patent license or any part of it without the consent of the other owners / owners, then the joint owner may sue the joint owner and the licensee to whom the right was granted. given.

Consideration forms an important part of granting a copyright license. If there is no consideration, the license is revoked, however, if there is a particular consideration then it cannot be revoked as interest is created in the patent.

References:

  1. https://copyrightalliance.org/faqs/what-is-copyright-licensing/
  2. https://copyright.gov.in/

[1] License-authorize the use, performance, or release of (something).

[2] Copyright-the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.

[3] https://copyright.gov.in/documents/copyrightrules1957.pdf

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

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