Sirs,
A novel written by an author ( who is no more) is going to be made as a film. its Copyrights are with his sons. Now the producer of the film wants to get the copyright from the Sons of the late author . my doubt is that whether it can be done by an agreement of assignment between the producer of the film and the Sons of the late author in a Stamp Paper ?
The copyright assignment process involves transferring ownership of copyrighted work from the original creator (or owner) to another person or entity. In this case, the producer of the film wishes to obtain the copyright from the late author’s sons.
Here are the key points regarding copyright assignment in India:
Written Assignment Agreement:
As per the Copyright Act, 1957, the assignment of copyright must be done through a written assignment deed.
This agreement should be signed by the assignor (the late author’s sons) or their duly authorized agent.
The assignment deed must identify the specific work (in this case, the novel) and clearly specify the rights being assigned.
Agreement Content: The agreement should clearly outline:
*Names and details of the parties involved (sons and producer)
*Descripttion of the copyrighted work (novel title, author)
*Specific rights being assigned (film adaptation rights, including remakes, sequels, etc.)
*Territory (where the film can be distributed)
*Duration of the rights transfer (perpetual or limited time)
*Consideration (payment to the sons for the rights)
*Representations and warranties (confirming ownership and right to assign)
*Termination clauses (conditions under which the agreement can be terminated)
*Dispute resolution process
Assignment without Goodwill:
The assignor transfers absolute rights and values associated with the copyright to the assignee (producer). After this agreement, the assignor will not be able to use any works related to the copyright. For instance, if the novel is part of a series or label, all associated works will belong to the assignee.
Types of copyright Assignments
Under this type, the copyright related to a particular work is assigned to the assignee, but the assignor retains the right to use and assign other works not covered by this agreement.
Stamp Paper Requirement:
While a stamp paper is not mandatory for copyright assignment, it is advisable to execute the assignment deed on a stamp paper for legal validity.
The value of the stamp paper depends on the state where the agreement is executed. Generally, a nominal value is sufficientauthor.
Royalty and Consideration:
The assignment agreement should specify the amount of royalty and any other consideration payable to the author’s legal heirs during the currency of the assignment. Parties can mutually agree on terms related to revision, extension, or termination of the assignment.
In summary, the producer can indeed obtain the copyright from the late author’s sons through a properly drafted assignment agreement.
Additional Points:
Make sure the sons are the legal heirs and copyright holders. If there are other heirs, their consent might be required.
The agreement should specify if the sons retain any moral rights over the work (e.g., right to attribution).
By following these steps, the film producer can secure the film adaptation rights through a well-defined Agreement of Assignment with the sons of the late author.
