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. (iii) What rights can Rohit claim if the work is utilised in any other form?

Answer & Explanation:

The assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member is void. The Assignment of copyright in any work to make a cinematograph film does not affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilization of the work in any form other than for the communication to the public of the work, along with the cinematograph film in a cinema hall. Rohit can claim his rights if the work is utilised in the aforesaid form.

Topics: Copyright Act, 1957

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