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CS Professional · Intellectual Property Rights - Law and Practice · Copyrights

Author Sunita gives notice in the prescribed form to the Registrar of Copyrights relinquishing some rights in her novel. Before that date, she had granted a licence to Lakshmi Films, which is still subsisting. Which statement is correct?

Relinquished rights cease from the date of the author's notice, but relinquishment does not affect rights already subsisting in favour of any person on that date. Lakshmi Films' existing licence therefore continues, and Gazette publication does not delay the effect.

  1. AThe relinquished rights cease from the date of the notice, but Lakshmi Films' subsisting rights are not affectedCorrect
  2. BThe relinquished rights cease only after the Registrar publishes the notice in the Official Gazette, and the licence also ends
  3. CThe licence of Lakshmi Films ends on the date of the notice
  4. DThe relinquishment takes effect only when the notice has been posted on the website for three years

Explanation

Under section 21, relinquished rights cease from the date of the notice, subject to sub-section (3), which says relinquishment does not affect rights subsisting in favour of any person on the date of notice. Gazette publication and website posting are duties of the Registrar and do not postpone the effect.

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