Future rights in the assignment of copyrights

Abstract

The protection of the copyright owners has always been in question when the copyright has been made and for the purpose of public awareness the rights are being assigned to others for the output to be in different platforms that is available to the people. But it is being exploited in a manner that the authors are not at all being benefitted by the same. This paper examines the integration of future works—those not yet created—into the concept of “whole rights” within copyright law. It focuses on key amendments in India and the UK, highlighting the legislative intent to balance contractual flexibility with authors’ safeguards. Using illustrative case-law—such as Indian Performing Right Society v. Eastern India Motion Pictures Association (1977) and Stevenson, Jordan & Harrison Ltd v. MacDonald & Evans—the paper demonstrates how future rights are assigned, triggered, and legally recognized. By analyzing legislative objectives, implementation, and judicial interpretations, it elucidates the nuanced relationship between contract drafting and statutory protection. The conclusion offers recommendations for future-proof contracting practices, particularly relevant in today's digital and AI-driven creative environments.