Template Description

This template is a comprehensive legal document that facilitates the transfer of copyright ownership from an author to a publisher or any other entity. It is a 4- page MS Word document that is an essential tool for authors, publishers, and legal professionals who need to formalize the transfer of copyright as per the provisions of the Copyright Act, 1957.

Understanding an Assignment of Copyrights

Key Terminologies:

• Assignment of Copyrights: The legal transfer of copyright ownership from the original creator (the author) to another party (the publisher), giving the latter full rights to use, modify, and sell the work as per the agreed terms.
• Author: The original creator of the work, who holds the copyright before it is assigned.
• Publisher: The entity that receives the copyright from the author and gains the rights to utilize the work under the terms agreed upon in the deed.

Procedure for Assigning Copyright:

Drafting the Deed:

The deed must be prepared on non-judicial stamp paper as per the relevant state laws. It should clearly state the date, the parties involved, and the title and subject of the work being assigned.

Execution of the Deed:

• The author agrees to transfer all rights of the work to the publisher in exchange for agreed-upon terms, such as royalty payments or lump sum consideration.
• The publisher agrees to pay the author a royalty based on the sales of the work or a share of profits from the sale or assignment of any rights.

Rights and Obligations:

• The author may be required to update or modify the work upon the publisher’s request.
• The author must ensure that the work is original and does not infringe on any existing copyrights or other legal rights.

Dispute Resolution:

Any disputes arising from the agreement will be resolved through arbitration as per the Arbitration & Conciliation Act, 1996.

Signatures:

Both parties, along with witnesses, must sign the deed to make it legally enforceable.

Conclusion

An Assignment of Copyrights is a critical document for authors and publishers to formalize the transfer of intellectual property rights. By using this template, parties can ensure that the terms of the assignment are clear and legally binding, protecting both the author's original work and the publisher's investment. This template is particularly beneficial for authors looking to monetize their creative works and for publishers aiming to secure rights to publish and distribute literary content.