Rohit has authored a book titled "A Concise History of Jaipur", and the manuscript was given to Varun for printing. A dispute arose among the two as Rohan contended that Varun had no right to publish the book as there wa
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
Rohit has authored a book titled "A Concise History of Jaipur", and the manuscript was given to Varun for printing. A dispute arose among the two as Rohan contended that Varun had no right to publish the book as there was no assignment of the copyright. On the other hand, Varun argued that there was an oral agreement in which Rohit assigned the copyright in exchange for the printing expenses that entitled him to publish it. In reality, Rohit did not give a written or oral copyright assignment in favour of Varun to publish the books. Based on the above, answer the following questions with relevant provisions of the Copyright Act, 1957. (i) Do you think the requirements for the assignment of copyright were fulfilled?
Answer & Explanation:
Section 19 of the Copyright Act, 1957 provides that an assignment of the copyright in any work should be in writing signed by the assignor or by his duly authorised agent. The assignment of copyright in any work required to identify such work, and also specify the rights assigned; the duration; territorial extent of such assignment; the amount of royalty and any other consideration payable to the author or his legal heirs during the currency of the assignment and the assignment subject to revision, extension or termination on terms mutually agreed upon by the parties. In view of the above provision the requirement of copyright were not fulfilled.
Topics: Copyright Act, 1957
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