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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Rohan, a Delhi composer, authorised a copyright society to administer his rights, but later wishes to take back control. Under the Copyright Act, 1957, what is his position?

Rohan may withdraw the authorisation he gave to the copyright society. The Act expressly gives owners this right, but the withdrawal does not affect whatever rights the society has under its contract with him.

  1. AHe may withdraw the authorisation, without prejudice to the society's rights under any contractCorrect
  2. BHe cannot withdraw, because the authorisation is exclusive
  3. CHe can withdraw only with the society's consent
  4. DHe can withdraw only through a court order

Explanation

Section 34(1)(b) gives the author and other owners of right the right to withdraw the authorisation. This is without prejudice to the society's contractual rights. Exclusivity does not make it irrevocable.

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