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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

Arjun assigned the copyright in his screenplay to a studio in 2020 in a deal that made no mention of any particular exploitation medium. In 2026 the studio wants to exploit it through a medium that did not exist or was not in commercial use in 2020. What is the position?

The assignment does not cover the new medium. A medium or mode of exploitation that did not exist or was not in commercial use when the assignment was made is excluded unless the assignment specifically referred to it, and this agreement did not.

  1. AThe assignment extends to the new medium automatically
  2. BThe assignment does not apply to that medium unless it specifically referred to such a medium or mode of exploitationCorrect
  3. CThe assignment applies only if the Central Government permits it by order
  4. DThe assignment extends to the new medium if the studio pays additional royalty

Explanation

The Act provides that no assignment shall apply to any medium or mode of exploitation which did not exist or was not in commercial use when the assignment was made, unless the assignment specifically referred to it. Here the agreement was silent, so the new medium is not covered. Option A is wrong because it ignores this proviso.

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