Deed for Assignment of Copyright (India) by OLL
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Deed for Assignment of Copyright
THIS DEED OF ASSIGNMENT is made at ________ this _________ day of __________ between Mr. A residing at __________ hereinafter referred to as the Author of the One Part and Mr. B carrying on business at ________ hereinafter referred to as the Publisher of the Other Part.
WHEREAS:
1. The Author has written a book entitled ___________ (hereinafter called "the said book") and desires to publish the same.
2. The author is the absolute owner of the copyright in the book. The copyright is registered with the Registrar of Copyrights in ____________.
3. The publisher's representative has scrutinized in detail and to his satisfaction the manuscript of the book and has offered to purchase the copyright in the said book for the purpose of publication.
4. The Author has agreed to do so in consideration of the Publisher paying him a sum of Rs_________ as lump sum royalty and on the following terms and conditions agreed to between the parties.
NOW THIS DEED WITHNESSETH that pursuant to the said agreement and in consideration of the Publisher paying to the Author a sum of Rs_________ on the execution of the Agreement (receipt whereof the author admits) he the Author hereby assigns to the Publisher the Copyright in the said book TO HOLD the same unto the Publisher absolutely throughout India and subject to reservations hereinafter contained:
1. And the Publisher agrees and undertakes that the said assignment is restricted to publish the said book in India only and the Publisher shall not without the prior consent in writing of the author, publish any translation thereof in any other language and shall not allow it to be exploited for converting into a play or any cinematographic film or any Television serial.
2. The Publisher undertakes to mention in the first edition, all reprints and subsequent editions the name of the author as author of the book.
3. The Author hereby warrants to the Publisher that:
a. The Author is the exclusive owner of the copy right in the said book and he has not assigned the Copyright in or given license to use the copy right to anybody else or encumbered the same or done anything so as to prevent him from assigning the said right.
b. That the said book does not contain any defamatory obscene or otherwise objectionable matter; and
c. That the contents of the current edition of the said book are the original work of the author and do not constitute breach of copyright vesting in any other person/s. Where limited extracts have been taken from other published or unpublished works in which copyright vests in other person/s proper acknowledgement has been made in the book.
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This legal template is a deed for the assignment of copyright between an author and a publisher. It allows the publisher to purchase the absolute rights to publish a specific book in India in exchange for a lump sum royalty payment, while ensuring the author retains credit and protection against unauthorized translations.
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About this template
What is this template?
This is a formal deed for the permanent transfer of intellectual property from a creator to a business. It is not a royalty-on-sales agreement as it uses a lump sum payment structure. It contains specific protections for the author's moral rights, including the right to attribution in all reprints.
When should you use it?
Use this when a writer is selling their work outright for a single payment instead of ongoing royalties. Use a Publishing License Agreement instead if the author wants to retain ownership and only grant temporary rights.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Recitals and Habendum | Assignment of Copyright | The Author assigns the copyright in the book to the Publisher absolutely throughout India for a lump sum royalty payment in Rupees. |
| 1 | Territorial and Media Restrictions | Restricts publication to India and prohibits the Publisher from translating the work or adapting it into film or television without consent. |
| 3 | Author's Warranties | The Author warrants that the work is original, not defamatory, and does not infringe third-party copyrights or existing licenses. |
| 3(f) | Subsequent Editions | Requires the Author to re-edit subsequent editions for a fee of [Amount] within a specified number of months of request. |
| 4(a) | Indemnity | Obliges the Author to indemnify the Publisher against legal claims or damages arising from a breach of the provided warranties. |
| 6 | Arbitration | Mandates that disputes be referred to a common arbitrator or two party-appointed arbitrators under the Arbitration and Conciliation Act 1996. |
Who it's for
- an Indian author transferring absolute ownership of a manuscript to a publisher for a one-time fee
- a publisher acquiring exclusive printing and distribution rights for a literary work within the Indian territory
How long it runs and how it's signed
Law it's drafted under
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