Manish assigned the copyright of his book to his niece Sujata in 2020. In 2022, due to some misunderstanding between them, Manish wants to revoke the assignment. Sujata contents that she has not made any fault and that s

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
Manish assigned the copyright of his book to his niece Sujata in 2020. In 2022, due to some misunderstanding between them, Manish wants to revoke the assignment. Sujata contents that she has not made any fault and that she had helped a lot and there is no ground for revocation of assignment. Discuss.

Answer & Explanation:

Section 19A of the Copyright Act, 1957 deals with disputes with respect to assignment of Copyright. It provides that: If an assignee fails to exercise the right assigned to him, the Appellate Board may, on receipt of a complaint from the assignor and after holding an inquiry, revoke such assignment. However, the Appellate Board will not pass an order to revoke the assignment unless the terms of the assignment are harsh to the assignor. It is also provided that no order to revoke the assignment can be passed within a period of 5 years from the date of assignment. Thus, Manish can successfully revoke the assignment only after 5 years of the assignment if he shows to the Appellate Board that the terms of the assignment are harsh to him. Hence, Manish cannot revoke the assignment in 2022 if he has made the assignment in 2020, as the 5-year period has not elapsed.

Topics: Copyright Act, 1957

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