Copyright Assignment — Applicable Law
Copyright Act 1957 — ss.17–19 (Assignment), s.57 (Moral Rights) Indian Contract Act 1872 Indian Stamp Act 1899 IT Act 1961 — s.194J (TDS on royalties / software fees) Copyright assignment must be in writing signed by the assignor (s.19). Moral rights under s.57 are not fully assignable. Future works assignment without a specified period is limited to 5 years (s.18 proviso).
DEED OF ASSIGNMENT OF COPYRIGHT THIS DEED OF ASSIGNMENT OF COPYRIGHT ("Deed") is made and executed on [DATE] by and between:
1. Vikram Nair (or Acme Creative Studios Pvt Ltd) of Assignor address ("Assignor"); and
2. TechStartup Private Limited of Assignee address ("Assignee").
Together, the "Parties".
1. Background
The Assignor is the author / creator of and is vested with all copyright in the computer programme / software described as: A mobile application for GST reconciliation named 'GST-Buddy', version 1.0 and all subsequent versions, including all source code, documentation, and UI/UX designs. (Copyright Registration No. L-123456/2024 ) ("Work"). The Assignor has agreed to assign the copyright in the Work to the Assignee on the terms set out in this Deed.
2. Assignment of Copyright
In consideration of ₹0 (Rupees [AMOUNT_IN_WORDS] only) paid by the Assignee to the Assignor (receipt acknowledged), the Assignor hereby ASSIGNS, TRANSFERS, and CONVEYS to the Assignee absolutely all economic rights subsisting in the Work under the Copyright Act 1957 throughout the world for the full term of copyright protection and all renewals and extensions thereof.
The assignment includes:
(a) the right to reproduce, publish, communicate to the public, adapt, translate, and exploit the Work in any medium;
(b) the right to create derivative works;
(c) the right to assign, licence, or sub-licence the Work to third parties;
(d) the right to bring proceedings for infringement and retain damages;
(e) all updates, enhancements, modifications, and future versions of the Work, which shall vest in the Assignee immediately upon creation;
(f) all documentation, source materials, and related assets comprising or associated with the Work.
3. Moral Rights
To the fullest extent permitted by law, the Assignor hereby waives all moral rights in the Work under Section 57 of the Copyright Act 1957, including the right to claim authorship and the right to object to any modification or adaptation of the Work. The Assignor acknowledges that the Assignee may adapt, modify, or use the Work without attribution.
4. Assignor's Representations and Warranties
The Assignor represents and warrants that:
(a) the Assignor is the sole author of the Work and has the full right to assign the copyright without obtaining consent of any third party;
(b) the Work is original and does not infringe any copyright, trade secret, patent, or other intellectual property right of any third party;
(c) the Work is not subject to any existing assignment, exclusive licence, charge, or encumbrance;
(d) the Work does not contain any defamatory, obscene, or unlawful content.
5. Further Assurance
The Assignor shall, at the Assignee's cost and reasonable request, execute and deliver such further documents and do all such acts as may be necessary to vest the copyright in the Assignee and to enable the Assignee to register or record the assignment with the Copyright Office of India or any other authority.
6. Governing Law
This Deed is governed by the laws of India, including the Copyright Act 1957. Any dispute arising out of or in connection with this Deed shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996, at [CITY].
IN WITNESS WHEREOF the Parties have executed this Deed on the date first written above.
ASSIGNOR
__GAP[ca_assignor_name|Vikram Nair (or Acme Creative Studios Pvt Ltd)]__
Vikram Nair, Director
______________________
ASSIGNEE
__GAP[ca_assignee_name|TechStartup Private Limited]__
Priya Sharma, CEO
______________________
WITNESSES:
1. Name: ___________________ Signature: _______________ Address: _______________
2. Name: ___________________ Signature: _______________ Address: _______________