UNDERSTANDING SOME HIDDEN ASPECTS OF ASSIGNMENT OF COPYRIGHTS AND INFRINGEMENT OF COPYRIGHTS

AUTHOR – RAKSHANA S, STUDENT AT SYMBIOSIS LAW SCHOOL, HYDERABAD

BEST CITATION – RAKSHANA S, UNDERSTANDING SOME HIDDEN ASPECTS OF ASSIGNMENT OF COPYRIGHTS AND INFRINGEMENT OF COPYRIGHTS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (2) OF 2024, PG. 928-933, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper talks about the some of the key yet latent aspects of Assignment of Copyrights and the Infringement of Copyrights. The paper will initially go through the basics of assignment and infringement of copyrights to give readers a brief yet clear understanding of the same. It will then move on to talk about and analyse the exclusive right of the assignor when it comes to assignment of copyrights, and the advantageous position that the owner of the copyrights holds with respect to the usage of his or her work for making derivative works. Even though the owner of the copyrights can assign the copyrights of his work to a person of his wish, it’ll only be to the extent of the usage of the work and not the modification. There will also be case laws explained in that regard to help the reader get a better understanding of such. The paper will then talk about the position of the assignee with regard to suing of infringement of contracts and the necessity of the presence of accrued causes of infringement for the benefit of the assignee. It will also talk about the loophole of the Copyrights Act that have caused the emergence of an immoral practice of backdating and how it can be dangerous to back date a contract without valid reasoning. This will also be explained with the help of a case law. The paper will conclude with recommendations and references.

Keywords: Assignment of Copyrights, Infringement of Copyrights, Exclusive Right of Assignor, Accrued Causes, Backdating