COPYRIGHT LICENSE

Copyright licensing is a process of transferring of all or some of the rights to a third party in order to explore it in the commercial world. It one of the primary way the creator or the owner get financial value for its creation.

Copyright license can be categorized in 2 ways:

  1. Exclusive
  2. Non-exclusive

Exclusive License is defined in section 2(j) of the Copyright Act which include a license which confers on the licensee and the persons authorized by him, to the exclusion of all other persons, any right comprised in the copyright of a work.

TYPES OF LICENSES UNDER THE COPYRIGHT ACT

  1. Compulsory licenses for works withheld from the public [Section 31]
  2. Compulsory License in Unpublished “or Published Works [Section 31A]
  3. Compulsory License for Benefit of Disabled [Section 31B]
  4. Statutory licenses for Cover Version [Section 31C ]
  5. Statutory License for Broadcasting of Literary and Musical Works and Sound Recording [Section 31D]
  6. License to Produce and Publish Translations [Section 32]

Copyright Agreement shall be in written and be duly signed by both the parties. It shall be accompanied with the fee or royalty that shall be provided to the copyright owner. A copyright license agreement consists of:

  • Name of the parties
  • Term of license.
  • Rights to be transferred
  • Description of the property
  • Rights to be reserved
  • Fees or royalty payment
  • Attorney fees etc

In case where the term of license is not mentioned the license may get expired after 1 year from the date of granting such license. However, the order of revocation of the license cannot be passed before the expiry of a period of five years.

However, license can be terminated if at any time after the granting of a license, can be terminated so granted shall be terminated. However, such termination shall take effect only after