Who is the Owner of Copyright?
Copyright is a legal right granted to the creator of original works like books, music, films, art, and software. It gives the creator control over how their work is used, reproduced, or distributed. But who exactly owns this right?
By default, the first owner of copyright is the author or creator of the work. For a book, it’s the writer. For a painting, it’s the artist. In the case of music, the composer or lyricist becomes the copyright holder.
However, there are exceptions. If an employee creates a work as part of their job, the employer may become the copyright owner. Similarly, in commissioned works like advertising or film production, the party that commissions the work may hold the copyright, provided there’s a written agreement to that effect.
Modes of Transfer of Copyright
Copyright is not static. It can be transferred from one person to another through various legal modes. The main ways are assignment, licensing, and inheritance.
1. Assignment of Copyright
Assignment is the most common and legally solid form of transfer. Through assignment, the original copyright owner transfers some or all of their rights to another party.
This must be done in writing, signed by both parties, and clearly state:
- The rights being transferred
- The territory of transfer
- The duration of the assignment
For example, a writer may assign the publishing rights of their novel to a publisher for five years, within India. After that period, rights revert to the writer unless renewed.
Assignment can be total or partial. A total assignment gives away all rights, while a partial one limits the use to specific rights (like reproduction or translation only).
2. Licensing
Licensing allows the owner to permit another person to use the work without transferring ownership. It is often used for broadcasting, streaming, or public performances. Licenses can be exclusive or non-exclusive.
3. Inheritance
When a copyright holder passes away, their rights automatically transfer to their legal heirs unless otherwise mentioned in a will.
