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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

An Indian copyright society has an agreement with a foreign society to administer Indian-held rights abroad and foreign-held rights in India. Under section 34 of the Copyright Act, 1957, which condition applies to such an agreement?

The agreement must not allow discrimination. The proviso to section 34(2) says no such society or organisation shall permit discrimination in the terms of licence or the distribution of fees collected between rights in Indian works and rights in other works.

  1. AThe foreign society must keep all fees collected in India
  2. BNo discrimination is permitted in licence terms or fee distribution between Indian and other worksCorrect
  3. COnly Indian works may be licensed under the agreement
  4. DThe agreement is valid only if the Registrar signs it

Explanation

Section 34(2) permits such agreements, but the proviso says no society or organisation shall permit any discrimination in licence terms or distribution of fees between rights in Indian and other works. The other options add conditions not in the section.

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