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. (v) What will the Court do if it receives a complaint regarding this assignment of copyright?

Answer & Explanation:

According to Section 19A (2) of the Copyright Act, 1957, if any dispute arises with respect to the assignment of any copyright, the Court may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable. Provided that the Commercial Court shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author.

Topics: Copyright Act, 1957

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