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ARTICLE · 09 NOVEMBER 2012

Copyright Assignment & Advancement In Technology: The Case Of "Shalov"

In a recent significant legal development, the Copyright (Amendment) Act 2012 has amended section 18 of the Copyright Act 1957.

IndiaIntellectual Property

In a recent significant legal development, the Copyright (Amendment) Act 2012 has amended section 18 of the Copyright Act 1957, which deals with 'Assignment of Copyright'. Section 18 (1) provides that the owner of a copyright in any work or prospective owner of a future work may assign the copyright. The proviso to this subsection clarifies that in case of future work, assignments will come into force only when the work comes into existence. A second proviso has been inserted in this section by providing that no such assignment shall apply to any mode of exploitation that did not exist or was not known in commercial use when the assignment was made, namely: -

"Provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work."

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