hi, I want to know about intellectual rights? as i am a designer and when i design something and sell to client, when client asks me to transfer the intellectual rights to him what shoul di do ?? is there any certificate or something to get from any authority for my each artwork ?? plz help if you can! thanks
Don't know about India, but generally if you are hired to do something, unless specifically stated in the contract, the intellectual rights transfer to the client.
In terms of copyright, India is signatory (may not be grammatically correct - sorry) to the Berne Union for the Protection of Literary and Artistic Property (Berne Convention); the Universal Copyright Convention (UCC) and the Geneva Phonograms Convention - you can find out more at http://www.copyright.gov/circs/circ38a.pdf, however, you should check with a local attorney as this is information from the United States concerning international copyright relations. In terms of transfer, registration, and the like, in the U.S., copyright is automatic upon creation and dissemination, however, while registration is optional, it is required for certain protections. Also, copyright can be transferred (in the U.S.), and it is recommended by the U.S. Copyright Office that such transfers be made in writing. See also: http://www.copyright.gov/help/faq/ I understand this really doesn't help you as you are in India, but, perhaps, it'll give you somewhere to start. Possibly, India has its own copyright laws. Also, India may have based their own laws (if there are) on U.S. law. Finally, I would think India has a government website - check it out. You just might get the answer cheaper than a lawyer. Oh, and I forgot, you could ask the client to specify exactly what he wants, i.e., an invoice, a letter, whatever. Oh, and one more thing, if it is work-for-hire, in the States, at least, the copyright already belongs to the person/company paying for it (as hostlonestar already pointed out.).
Now, if you design something one day, not for any specific client. And later on someone wishes to buy it and the intellectual rights. You would have to draft some sort of document (you could probably find many via google) and specify whether you are merely licensing them to use it, or giving up the intellectual rights, at which time, any and all use by you will probably have to cease unless you specify in the contract that such and such site may continue using it, or however you want it worded and is agreed upon by the other party as well. Can you give a little more detail and I may be able to guide you, at least as far as the Berne Convention/US Law.
I am an attorney in the US. I can suggest Rahul Dutta in India. He specializes in intellectual property matters. His website is: http://www.iplab.in/ Feel free to tell him that you heard about him from IPWatchdog. Good luck. -Gene