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Sec 19A, Copyright Act 1957: Disputes with respect to assignment of copyright

Section 19A (Disputes with respect to assignment of copyright) under Chapter IV (Ownership of Copyright and the Rights of the Owner) of the Copyright Act 1957

❝(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 Appellate Board may, on receipt of a complaint from the assignor and after holding such inquiry as it may deem necessary, revoke such assignment.

(2) If any dispute arises with respect to the assignment of any copyright, the Appellate 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 the Appellate Board 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:

 Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the Appellate 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.

(3) Every complaint received under sub-section (2) shall be dealt with by the Appellate 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 Appellate Board shall record the reasons thereof.❞




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Notes:

Section 19A of the Copyright Act 1957 was amended by:
- the Copyright (Amendment) Act 2012 (No. 27 of 2012), sec. 10, w.e.f. 21-Jun-2012;
- the Finance Act, 2017 (No. 7 of 2017), sec. 160, w.e.f. 26-May-2017.

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