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

Kavita, a lyricist, wrote songs for a film and assigned all her rights to the producer, with a clause waiving her right to share royalties equally for uses other than communication to the public along with the film in a cinema hall. The producer later earns revenue from other uses of the songs. Which statement is correct?

The waiver is void. An author of a literary or musical work in a film cannot assign or waive the equally shared royalty for uses other than cinema-hall communication with the film, except to legal heirs or a copyright society, and contrary agreements are void.

  1. AThe waiver is valid because she was paid a lump sum
  2. BThe waiver is valid if registered with the Registrar of Copyrights
  3. CThe waiver is valid for five years and void afterwards
  4. DThe waiver is void; she cannot assign or waive this royalty right except to legal heirs or a copyright societyCorrect

Explanation

The author of a literary or musical work included in a cinematograph film cannot assign or waive the right to receive royalties shared equally with the assignee for utilisation in any form other than communication to the public along with the film in a cinema hall, except to legal heirs or a copyright society. Any contrary agreement is void. A lump sum or registration does not cure this.

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