Copyright Act 1994

Dealing with rights in copyright works - Transmission of copyright

116: Future copyright

You could also call this:

"What happens to copyright that will exist in the future"

Illustration for Copyright Act 1994

You can assign future copyright in the same way as existing copyright. When the copyright exists, it will belong to the person it was assigned to. You can assign all or part of the future copyright. You can treat future copyright like existing copyright when it comes to certain rules, such as sections 111(1), 113(2), and 114. These rules apply to future copyright in the same way as existing copyright. This means you follow the same process for both types of copyright. If someone grants a licence for future copyright, it affects everyone who later owns the copyright, except people who buy it without knowing about the licence. References to getting a licence or using copyright in a certain way will consider this rule. This rule helps clarify how licences work with future copyright.

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Part 5Dealing with rights in copyright works
Transmission of copyright

116Future copyright

  1. Future copyright shall be capable of being assigned, wholly or partially, in the same manner and in all respects as if the copyright were then in existence, and on coming into existence the copyright shall vest in the assignee or the assignee's successor in title accordingly.

  2. Sections 111(1), 113(2), and 114 apply to future copyright in the same manner as they apply to existing copyright.

  3. A licence granted by a person to whom future copyright has been assigned is binding on every successor in title to that person's interest in the copyright, except a purchaser in good faith for valuable consideration and without notice (actual or constructive) of the licence or a person deriving title from such a purchaser; and references in this Act to doing anything—

  4. with, or without, the licence of the copyright owner; or
    1. other than pursuant to a copyright licence—
      1. shall be construed accordingly.