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. (ii) In case of assignment of copyright to Varun, when will it be deemed to have lapsed ?

Answer & Explanation:

According to Section 19(4) of the Copyright Act, 1957, where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment. Section 19(5) of the Copyright Act, 1957 provides that if the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

Topics: Copyright Act, 1957

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