Who can issue or grant license bu his own name in copyright
Dipal vyas
(Querist) 28 July 2017
This query is : Open
Dear Sir,
According copyright section-30,
30. Licenses By Owners Of Copyright: - The Owner Of The 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:
Provided That In The Case Of A License Relating To Copyright In Any Future Work, The License Shall Take Effect Only When The Work Comes Into Existence.
Explanation:- Where A Person To Whom A License Relating To Copyright In Any Future Work Is Granted Under This Section Dies Before The Work Comes Into Existence, His Legal Representatives Shall, In The Absence Of Any Provision To The Contrary In The License, Be Entitled To The Benefit Of The License.
Example:-
(1) Company-A is copyright owner in Music Industry and Company-B is duly authorised agent of company-A.
(2) According to section-30 Company-B is duly authorised agent of company-A and company-B can Grant license and collect Royalty on behalf of company-A.
(3) Company-B is neither a copyright owner nor a registered copyright society, company-B act only as an authorised Agent.
(4) If I am right, only copyright owner (i.e. yash raj, t-series etc...) or a registered copyright society (i.e. PPL, IPRS, ISRA...) can issue and grant license by his own name. Duly authorise agent company-B can collect license fees on behalf of owner of copyright but B cannot issue Payment receipt or licence by his own name on behalf of company ‘A’ because Company-B is not copyright owner and also not a Registered copyright society.
Here in sec-30 mentioned - Grant Any Interest in the Right by License in Writing Signed by Him or by His duly Authorised Agent.
Important Question: - If duly authorised agent is neither an owner of copyright nor a copyright society then such duly authorised agent can collect only royalty on behalf of copyright owner? Or such Agent can collect royalty and also issue license by his (Agent) own name on behalf of copyright owner?
So my Question is company-B can issue payment receipt and/or licence by his own name on behalf of copyright owner A or not. Company-B is neither a copyright owner nor a registered copyright society but he acts only as an Agent.
Here is referral link of Bombay high court judgement:-
https://indiankanoon.org/doc/44713127/
Wait for your authentic reply sir.
With regards,
Paritosh Parikh
