Section 20 of the Copyright Act, 1957: Transmission of Copyright by Testamentary Disposition

Section 20 of the Copyright Act, 1957 deals with the effect of a will or codicil where a person is bequeathed the manuscript of an unpublished literary, dramatic or musical work, or an unpublished artistic work. Subject to a contrary intention expressed in the testamentary document, the bequest is construed as including the copyright owned by the testator immediately before death.

Text and scope of Section 20

Where a bequest gives a person the manuscript of a literary, dramatic or musical work, or an artistic work, and that work had not been published before the testator's death, the bequest is construed as including copyright in the work to the extent that the testator owned that copyright immediately before death, unless the will or a codicil indicates a contrary intention.

Explanation: For Section 20, "manuscript" means the original document embodying the work, whether it is handwritten or produced by another method.

What Section 20 means

The provision creates a statutory rule for interpreting a testamentary bequest. Ordinarily, ownership of a physical manuscript and ownership of copyright are distinct concepts. Section 20 addresses a particular situation involving an unpublished work and provides that a bequest of the manuscript is presumed to carry the testator's copyright with it, unless the testamentary instrument shows a different intention.

Conditions for Section 20 to apply

There must be a bequest under a will or other testamentary disposition.
The subject must be the manuscript of a literary, dramatic or musical work, or an artistic work.
The work must have been unpublished before the death of the testator.
The testator must have owned the relevant copyright immediately before death.
The will or any codicil must not disclose a contrary intention.

Meaning of "testamentary disposition"

In this context, a testamentary disposition is a transfer intended to take effect on the death of the testator, principally through a will and any valid codicil modifying it. Section 20 is therefore concerned with succession to copyright through a testamentary instrument rather than an inter vivos assignment.

Meaning of "manuscript" under Section 20

The statutory explanation is broader than ordinary usage. A manuscript is the original document embodying the work and need not be handwritten. The focus is on the original embodiment of the work rather than the method by which the document was created.

Physical manuscript and copyright are different rights

Copyright is an intangible statutory right, while a manuscript or original artistic work is a physical object. Section 20 does not generally equate ownership of a physical object with ownership of copyright. Instead, it supplies a specific interpretative rule for a qualifying testamentary bequest of an unpublished work.

Effect of a contrary intention in the will

The statutory presumption is displaced where the testator's will or a codicil indicates that copyright is not intended to pass with the manuscript or artistic work. Clear drafting is therefore important where the testator wishes the physical work and the copyright to pass to different beneficiaries.

Relationship with Sections 18 and 19

Section 18 concerns assignment of copyright, while Section 19 prescribes requirements concerning the mode of assignment. Section 20 specifically addresses transmission through testamentary disposition in the circumstances stated in that section.

Practical point: Where valuable unpublished writings, compositions, scripts, drawings or other artistic works form part of an estate, the will should identify separately, where appropriate, the physical originals and the copyright or other intellectual property rights intended to pass to each beneficiary.

Official legal resources

For the authoritative statutory text and current legislative material, consult the Government of India resources linked in the sidebar. The Copyright Act, 1957 is Central Act No. 14 of 1957.

Legal information page. Readers should verify the current statutory text and obtain professional advice where a particular will, succession issue or copyright ownership dispute is involved.