Who Can Grant A Copyright License In Respect Of Creative Works: A Conundrum Unresolved

Introduction:

The 2012 Amendment to the Copyright Act imposed onerous obligations on “providing or giving licence” in respect of the above-mentioned works [in addition to the obligations imposed by the Copyright (Amendment) Act, 1994 (1994 Amendment)]. Section 33 of the Act, added by the 1994 Amendment, stated that only copyright societies are permitted to issue or award copyright licences. It is, however, mute on the issue of rights assignment in copyrightable works. Section 18 of the Act specifies that a copyright owner/author of creative works has the authority to assign copyright to any “person.” An author can logically assign his copyright to a production firm, which can then assign it to other people.A copyright society isn't required for this assignment. Section 33, on the other hand, prohibits any other body from issuing such licences as a copyright owner of copyrightable works if it has been awarded such rights under Section 18. The oddity is that, under