Copyright is an official term used to describe creators’ rights over their art and craftwork. Copyrighted works range from books, music, paintings, photographs, and films, to computer programs, websites, advertisements, maps, and digital graphics.

Copyright protection extends only to discourses, not to ideas, processes, methods or mathematical concepts as such. Copyright may or may not be available at most items such as titles, slogans, or logos, depending on the content.

What is Copyright Commercialization

Copyrights are one of the most important reasons for the creation or success of the product. Businesses do not acquire the intellectual property for criminal purposes but to have transferable ownership over a few valuable intangible assets. Intellectual property rights assessment helps you determine the true value of your business. Copyrighted work rights may be transferred and allocated from one person or organization. For example, the artist usually signs an agreement with the album recording company and signs a contract with the recording company. The artist transfers his rights to the company to receive payments and the like.

How to Commercialize Copyrights?

A copyrighted work can be commercialized by many means like 

  • By transfer of rights: Copyright can be transferred in one of two ways: selling or licensing; licenses may be sub-licensing or exclusive. Assignments may be partial or complete in the future. The present function is subject to legal assumptions such as terms unless otherwise specified in the agreement or unless the agreement provides for an emergency. Rights are exercised in the work period from the date assigned or licensed are deemed to have expired according to the employee service. The Copyright Board may revoke an allocation for more than five years if the author proves it to be challenging or complex. Also, the license will generally be bound to terminate if the licensee fails to comply with the conditions of the license. A transfer of rights may also, presumably, be considered illegal under contract law.
  • by license, or: In this case, the licensee may grant a license to authorise the copyrighted work by the licensee and shield the licensee from any infringement or unauthorised use by the licensee.

Types of licenses: 

  1. Compulsory licenses for works withheld from the public: In terms of this regulation, any person may approach the copyright board to issue a compulsory license to use the copyrighted work. However, before going to the Copyright Board, the complainant had to contact the copyright owner to obtain a reprint or reprieve license. The copyright owner must unreasonably refuse the plaintiff’s request.
  2. Compulsory licenses for unpublished works of unknown authors: In the case of unpublished works of anonymous or deceased authors, any person may apply to the Copyright Board for a license to publish or communicate those works or their translation work. However, before making such a request, the applicant is required by law to publish his or her proposal in the national newspaper.
  3. Compulsory licenses for the benefit of the disabled: Any person or non-profit organisation working to assist persons with disabilities can apply to the Copyright Board for a compulsory license to publish any work in the appropriate format for their access.
  4. Statutory licenses for Cover Version: Section 31C of the Copyright Act grants legal licenses to make cover versions of any recorded audio. This section explicitly requires the Copyright Board to adjust the minimum amount due to creating such a version.
  5. Statutory licenses for Broadcasting literary, musical works and sound recordings: This license is issued by the Copyright Board in favour of any broadcasting organisation wishing to publicly publish any book, music work or audio recording already published by the copyright owner. Although the Copyright Board is authorised to determine the fees charged under this license, the Board will still meet and determine these benefits.
  6. License to produce and publish translations: This license issued by the Copyright Board allows the applicant after the applicant has paid the prescribed fee to produce and publish a translation or transcription work after seven years of publishing the work. It is worth noting here that this licensing does not apply to cinematographic films and sound recordings.
  7. License to reproduce and publish works for limited purposes: The Copyright Board may issue licenses to publish works in India if the arrangement of such literary, scientific or artistic works can be made available in India. Copyright Board, in the event of such requests, may issue a license after determining the amount due to the copyright owner.
  • by assigning the rights: Copyright gives authors a large number of personal property or economic rights in the original copyright work. These rights include reproducing, creating based works, distributing work to the public, performing work in public, exposing visual functions, and transferring audio records digitally. They are the only copyright owners. The granting of rights usually involves the sale of rights exclusively by the document of the work to be given to the grantor to be considered for a single lump sum or an extended period of low royalty to the bad. The transfer of economic rights may be on a special basis, requiring a written agreement, or a special basis, which does not require a written agreement. Usually, this transfer is done through work or license. Unlike a license where the copyright owner retains his or her identity, the share is the same as for sale. The original copyright owner sells the rights to another person and cannot control how the rights are used, as he or she will not be able to control how the personal property he or she sold is used once it has been transferred.

Conclusion: To understand, if you have created something compelling in the market, it should be traded to the highest potential use. In a highly competitive environment in the developing Indian economy, it is essential to selling your creations. Copyright licensing is the most common way to enter the market and gain monetary benefits. Further, trading has many benefits as it gives you faster access in the industry, and the amount of effort, marketing, and resources are reduced. You do not have to reproduce and distribute it yourself.

References: 

  1. https://www.findlaw.com.au/articles/6208/how-is-copyright-commercialised-in-the-media-and-c.aspx
  2. https://taxguru.in/chartered-accountant/commercialization-intellectual-property-rights-key-business-concerns.html
  3. https://excelonip.com/copyright-commercialization-services/
  4. https://www.researchgate.net/publication/327221607_Intellectual_Property_Commercialisation
  5. https://www.bananaip.com/ip-news-center/licensing-copyrights-india/

Disclaimer: The present article intends to provide general guidance on the subject, and you can also consult us in your specific case.

Author

  • Title

    Mehak Bhatia is a law student pursuing BA LLB (Hons) from Manipal University Jaipur. She is exploring various kinds of streams in law with enthusiasm in cyber, intellectual and family law. Mehak has a keen interest and experience in writing blogs and legal research articles.