CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright
Meera, an author, grants a publisher a licence over copyright in her existing novel. Under the Copyright Act, 1957, how must a licence by an owner under Section 30 be granted?
A Section 30 licence must be in writing, granted by the copyright owner personally or by his duly authorised agent. Oral grants do not satisfy the section, and neither registration nor a copyright society is a general requirement for licensing an ordinary work.
- AOnly by registered deed attested by two witnesses
- BIn writing by the owner or by his duly authorised agentCorrect
- COrally, as long as a royalty is paid
- DOnly through a registered copyright society
Explanation
Section 30 allows the owner to grant any interest in the right by licence in writing by him or by his duly authorised agent. Since 2012 the wording is 'writing by him', replacing 'writing signed by him'. Oral licences do not meet this requirement, and use of a society is not compulsory for ordinary works.
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