Licensing and Transference of Copyright

By Malika Bajpai

A Copyright acquired by an individual or a party may be transferred to another party. To accomplish this some conditions must be carried out among the parties. This is a common practice in the music industry. The creator of a music or song forms an agreement with the music company in which the company acquires all the rights to copy, distribute and publicize the items in the market. The original creator is provided with royalties in return. Due to the advent of the internet much of the copying and distribution is done through the internet but the company also pays heed to the marketing factor. The company looks after the marketing the creator (singer or musician) among the masses.

It depends on the copyright holder whether he/she wants to transfer all the vested rights to other. The owner of the right may transfer few of the rights to some party. When the transfer is done the original owner have to sign in legal documents. For exclusive license this is particularly useful where both the parties agree on the conditions and give their sign. The rights that are handed over to the party are mentioned exclusively leaving behind other rights. Legal documents involving such transfers of right should be with the concerned Copyright office. In US this is the rule.

Licensing of the Copyright is also performed in some countries. The benefit that adheres to the license considerably helps individual to acquire the copyrighted work without the consent of the owner. For this the concerned, issues a notice to the authority and pays some amount of money as fixed by the authority. If someone violates the law related to licensing it may lead to infringement. Various bodies have been formed to look that the policies and procedures are carried out properly. Thus doing this ensures that the creators are returned with adequate fees fixed for them.

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