The Copyright Attorneys at Patracode have vast experience of acquiring Copyright licenses since 2010. In India copyright licenses are granted by the copyright owner including the existing owner as well as the prospective owner. Generally, when a work is already authored or created by an author or artist, its have the copyright by virtue of its creation itself and so, if a licence is executed for such a subject matter a copyright owner shall be a existing copyright owner.
However, in cases when an author or artists creates/authors a work under an agreement, may be an agreement of “work for hire” or an agreement for purpose of his upcoming piece of work, in such cases the author or artists shall be in prospection with relation to an yet to be created work, and shall be known as prospective copyright owner.
In the event of the death of a assignee to any future work of copyright license, before the work is comes into existence then the legal representatives of that assignee become entitled to receive the benefits of the license, provided that there is absence of any provisions to the contrary of the license. There are various copyright societies formed and licenses are provided by these societies.
These societies have one main function of issuing licenses to individuals in accordance to the rights that are administered by the respective society, including the collection of the fees for pursuance of the licenses and the distribution of the fees to the copyright owners after administrative expenses deductions. The procedure for getting copyright licenses is filing an application form and submitting the form in the respective societies.Then a scrutiny is done and some legal formalities is performed and the licenses is issued. The application for copyright license in India can be applied by any person and it will grant the person the right to not just produce but also to publish the translations of a dramatic or literary work in other languages for general purpose uses in India, and this can be done after a three year period after the work has been published, and the translation should serve the purpose of scholarship or teaching or research.
Where two or more persons have made a complaint to the Copyright Board for not giving license in India then it shall be granted to the complainant who in the opinion of the Copyright Board would best serve the interests of the general public. We at Patracode assist our client to procure copyright licenses from the various copyright societies for a smooth running of their business.