Kavita is planning to write a Poetry-Book and intend to apply for its copyright. However, the copyright has not been granted as of now. She wants to assign the copyright to her friend in the current situation and she is
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Kavita is planning to write a Poetry-Book and intend to apply for its copyright. However, the copyright has not been granted as of now. She wants to assign the copyright to her friend in the current situation and she is not conversant with the concept of assignment of copyright. Brief her about various provisions pertaining to the assignment of copyright explaining her whether she can assign the same prior to holding copyright ?
Answer & Explanation:
The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof. The assignment mentions the rights, duration, the territorial limits of the assignment and the royalty payable thereon and should be in writing signed by the assignor or by his duly authorized agent. The Copyright Act, 1957 prescribes that a prospective owner of a copyright in future work may assign the copyright, to any person, either wholly or partially, although the assignment shall take effect only when the work comes into existence. Therefore, in accordance with the above-mentioned provisions, Kavita can assign the copyright prior to holding it.
Topics: Intellectual Property Rights
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