Section 19A of Copy Right Act - Disputes with respect to assignment of copyright

Section 19A: Disputes with respect to assignment of copyright - Copy Right 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 2[ Commercial Court] 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 2[Commercial Court] 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 2[Commercial Court] 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:

3[Provided further that, pending the disposal of an application for revocation of assignment under this sub-section, the 2[Commercial Court] 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.]

4[(3) Every complaint received under sub-section (2) shall be dealt with by the 2[Commercial Court] 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 2[Commercial Court] shall record the reasons thereof.]

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1. Subs. by Act 38 of 1994, s. 9, for section 19A (w.e.f. 10-5-1995).
2. Subs. by Act 33 of 2021, s.21, for "Appellate Board" (w.e.f. 4-4-2021).
3. Subs. by Act 27 of 2012, s. 10, for Provided further that (w.e.f. 21-6-2012).
4. Ins. by Act 27 of 2012, s. 10 (w.e.f. 21-6-2012).