Commentary

113 Distinction between an assignment and a licence

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

113 Distinction between an assignment and a licence

| Commentary

113 Distinction between an assignment and a licence

Depending on the wording of the document, it can sometimes be difficult to determine whether a licence or an assignment has been granted. Where the consideration for the grant is the payment to the author of royalties or a share of the profits rather than a lump sum it has been held that there is an inference that a sole and exclusive licence has been granted rather than an assignment of copyright1. However, where the words ‘the publisher shall during the legal term of the copyright have the exclusive right of producing,

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