Section 20 of the Copyright and Neighbouring Rights Act 2000 governs how copyright changes hands.
Section 20 — the three rules
(1) Economic rights in respect of a copyright work may be assignable in whole or in part.
(2) An assignment of an economic right, and any licence to do an act subject to authorization by the author or other owner of the copyright, shall be in writing signed by the assignor and the assignee, or by the licensor and the licensee, as the case may be.
(3) An assignment in whole or in part of any economic right, or a licence to do such an act, shall not include, or be deemed to include, the assignment or licence of any other right not explicitly referred to therein.
Subsection (1) — divisible rights
The ten rights in section 6 may be dealt with in whole or in part. An author may assign the reproduction right to a publisher, license the translation right to another publisher for a particular language, retain the adaptation right for a film, and license the public performance right separately again.
Splitting can be by right (reproduction, translation, broadcasting), by territory, by medium (print, digital, audio), by time, and by exclusivity. Nothing in the Act restricts how finely the bundle may be divided.
Note what is not divisible or assignable: the moral rights in section 7, which under section 7(2) apply whether or not a person no longer owns the rights in the work.
Subsection (2) — writing, signed by both
This is stricter than many copyright statutes, which require writing only for an assignment or an exclusive licence. Section 20(2) covers any licence to do an act subject to authorization — that is, any licence of any of the section 6 rights.
And it must be signed by both parties: assignor and assignee, licensor and licensee. A signature by the rights owner alone does not comply on the face of the section.
The practical consequence: an oral permission, an email exchange that nobody signs, or a handshake at the end of a shoot does not satisfy section 20(2). Businesses that rely on informal permissions to use photographs, music, artwork or software are exposed — and the person exposed is the user, who bears the risk of damages under section 27.
Subsection (3) — nothing passes unless it is named
An assignment or licence shall not include, or be deemed to include, the assignment or licence of any other right not explicitly referred to therein.
There is no room for implied grants, no “whatever is necessary to give business efficacy”, and no reading-in of related rights. If the document does not name the right, the right stays with the owner.
| What the document says | What is not included |
|---|---|
| “Licence to reproduce the photograph in the annual report” | Putting it on the website — that is communication to the public, s 6(1)(j); and any cropping is an adaptation, s 6(1)(c) |
| “Assignment of the copyright in the manuscript” | The translation right and the adaptation right, unless named — ss 6(1)(b), (c) |
| “Licence to broadcast the programme” | Re-broadcast, on-demand streaming, and fixation — ss 6(1)(i), (j) |
| “Licence to use the software” | Rental or lending of copies — s 6(1)(e); and any adaptation beyond section 14 |
| “Assignment of all economic rights” | The moral rights, which are never assigned and require a specific written waiver under s 7(4) and (5) |
- List the rights by reference to section 6 — reproduction, translation, adaptation, distribution, rental and lending, importation, public display, public performance, broadcasting, and other communication to the public — and delete what is not granted.
- State the territory, term, media and exclusivity expressly.
- Have both parties sign, as subsection (2) requires.
- Add a moral rights waiver that complies with section 7(4) and (5): in writing, specifying which rights are waived, in what circumstances, and for the integrity right, the nature and extent of the modification permitted.
- Where the creator is a contractor, remember that section 18 leaves ownership with them — there is no commissioning rule. An express assignment is essential.
Dealings in neighbouring rights
Section 20 is in Part II and speaks of a copyright work. Part III deals with performers, producers and broadcasters separately, and contemplates transfer of those rights — section 21(3) refers to the performer’s moral rights subsisting notwithstanding the transfer of the economic rights.
Section 21(5) — nothing in the section is to be construed to deprive a performer of the right to agree by written agreement on such terms and conditions as are most favourable to him in respect of his performances.
Section 23(2) — unless otherwise agreed between the performers and the producer, half the equitable remuneration received by the producer must be paid to the performers. That default can be varied by agreement, so performers should read recording contracts with section 23(2) in front of them.
Finally, note the effect of section 3(2): nothing in the Act constitutes a breach of, or terminates, an agreement concerning works, performances, recordings or broadcasts concluded or existing when the Act came into operation. Older agreements were preserved as made.
Sources
- Copyright and Neighbouring Rights Act 2000 — ss 3, 6, 7, 14, 18, 20, 21, 23, 27
Before relying on anything here, read the current text of the Copyright and Neighbouring Rights Act 2000 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.