Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Doctrine of indivisibility
Under 1909 Act: The following are the Differences:
1. Under this Act, only the Proprietor had the right to sue any infringer and the licensee lacked
this right as unlike the assignment, there did not subsist any ownership with the licensee. In
case of exclusive licensees, the licensee then has a right to sue with joining in with the
proprietor in the action.
2. Absent of any contractual limitation, an assignee had the right to reassign the work. A
licensee, however, had no right to resell or sublicense the rights acquired unless he had been
expressly authorized so to do.
3. An assignment of statutory copyright had to be in writing signed by the proprietor in order to
be valid, while a license could be valid through oral assignment.
4. Right to claim copyright: if an author of an unpublished work manuscript granted to a
magazine publisher the right to reproduce the work in magazine form, but reserved all the
rights (book publication, motion picture etc.), then the publisher would be merely a licensee,
ad not the proprietor of the work.
Agents:
The statute recognises transfers signed not only by the owner personally, but also by such duly
authorised agents. Accordingly, a license duty executed by the copyright owners exclusive licensing
agent can be treated as the owners contract as much as if he had executed it in person.
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Assignment
License
Agency
The owner of a
copyright in any
existing work or the
prospective owner of
the copyright in any
future work, may grant
any interest in the
right, by License in
writing, signed by him
or by his duly
authorized agent.
It can be done on
exclusive or
nonexclusive basis,
meaning the copyright
owner can license the
work to one or more
persons at the time.
The licensee can join
the copyright owner
and as a party to the
action of infringement.
Compulsory license
can also be given to
the person who
satisfies it to the
Copyright Board that
the proprietor has
stopped its circulation
or display or
performance of the
Copyright.
Compulsory licenses
can also be obtained
for the purposes of
production and
publication or
translation of the work