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THE COPYRIGHT ACT, 1957

Title : THE COPYRIGHT ACT, 1957

Year : 1957



1[(1)] No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent.

2*[3*[ (2) The assignment of copyright in any work shall identify such work, and shall specify the rights assigned and the duration and territorial extent of such assignment.

(3) The assignment of copyright in any work shall also specify the amount of 4*[royalty and any other consideration payable], to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties.

(4) Where the assignee does not exercise the right assigned to him under any of the other sub-sections of this section within 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.

(5) If the period of assignment is not stated, it shall be deemed to be five years from the dale of assignment.

(6) If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.

(7) Nothing in sub-section (2)or sub-section (3) or sub-section (4) or sub-section (5) or sub-section (6)shall be applicable to assignments made before the coming into force of the Copyright (Amendment) Act, 1994.]]

5*[(8) 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 shall be void.

(9) No assignment of copyright in any work to make a cinema to graph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable in case of utilisation of the work in any form other than for the communication to the public of the work, along with the cinema to graph film in a cinema hall.

(10) No assignment of the copyright in any work to make a sound recording which does not form part of any cinema to graph film shall affect the right of the author of the work to claim an equal share of royalties and consideration payable for any utilisation of such work in any form.]
 
19A -6* Disputes with respect to assignment of copyright

(1) If an assignee fails to make sufficient exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the assignor, then the Copyright Board  may, on receipt of complaint from the assignor and after holding such enquiry as it may deem necessary, revoke such assignment.

(2) If any dispute arises with respect to the assignment of any copyright, the Copyright Board 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 Copyright Board shall not pass any order under the 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:

7*[Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the Copyright Board may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned:-

Provided also that] no order of revocation of assignment  under this sub-section, shall be made within a period of five years from the date of such assignment.]

8*[(3) Every complaint received under sub-section (2) shall be dealt with by the Copyright Board as far as possible and efforts shall be made to pass the final order in the matter within a period of six months from the date of receipt of the complaint and any delay in compliance of the same, the Copyright Board shall record the reasons thereof.]

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1.  Section 19 re-numbered as sub-section (1) thereof by Act 23 of 1983, sec. 9 (w.e.f. 9-8-1984).

2.  Sub-section (2) Inserted by Act 23 of 1983, sec. 9 (w.e.f. 9-8-1984).

3.  Substituted by Act 38 of 1994, Sec. 8, for sub-section (2) (w.e.f. 10-9-1995.)

4. Substituted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012 for the following : - "royalty payable, if any"

5. Inserted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012.

6. Inserted by Act 23 of 1983, sec.10 w.e.f. 9-8-1984 and Substituted by Act 38 of 1994, sec. 9 w.e.f. 10-5-1995.

7. Substituted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012 for the following : -"Provided further that"

8. Inserted by the Copyright (Amendment) Act, 2012 (Act No. 27 of 2012) w.e.f. 21.06.2012.

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Where under a bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testator's will or any codicil thereto, be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death.

Explanation.-In this section, the expression "manuscript" means the original document embodying the work, whether written by hand or not.

Last updated on July, 2016

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