of 1994]
Copyright (Amendment)
257
- (5) If the period of assignment is not stated, it shall be deemed to be five years from the date 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.”.
Substitution of new section for section 19A. 9. For section 19A of the principal Act, the following section shall be substituted, namely:—
- Disputes with respect to assignment of copyright.“19A. (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 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 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 the Copyright 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 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.”.
Insertion of new section 30A. 10. After section 30 of the principal Act, the following section shall be inserted, namely:—
- Application of section 19 and 19A.“30A. The provisions of sections 19 and 19A shall, with any necessary adaptations and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work.”.
Substitution of new Chapter for Chapter VII. 11. For Chapter VII of the principal Act, the following Chapter shall be substituted, namely:—
“CHAPTER VII
Copyright societies
- Registration of Copyright Society.33. (1) No person or association of persons shall, after coming into force of the Copyright (Amendment) Act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this Act except under or in accordance with the registration granted under sub-section (3):
