Skip to content

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

Kavita is granted a written licence over copyright in a future work by a composer, but Kavita dies before the work is created. The licence is silent on this. What is the position under Section 30?

Her legal representatives are entitled to the benefit of the licence. The Explanation to Section 30 gives them that benefit when a licensee of a future work dies before the work exists, unless the licence contains a contrary provision, and here it is silent.

  1. AThe licence lapses automatically on her death
  2. BHer legal representatives are entitled to the benefit of the licenceCorrect
  3. CThe copyright reverts to the Central Government
  4. DHer legal representatives may claim only a refund of fees

Explanation

The Explanation to Section 30 provides that if the licensee of a future work dies before it exists, her legal representatives are entitled to the benefit of the licence unless the licence provides otherwise. Since the licence here is silent, the benefit passes to them. Lapse would apply only if the licence said so.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Copyright shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to CopyrightFree diagnostic mock

More Law relating to Copyright questions