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CREA TIVEFIRST COPYRIGHT 101

In order for an assignment to be valid it must:

Be in writing.

Identify the work, the rights assigned, the duration and territory of
the assignment

Specify the amount of royalty and other consideration payable to the
author

The assignment of copyright in any work should not be contrary to
the terms and conditions of the rights already assigned to a
copyright society of which the author of the work is a member.
Therefore, waiver of Section 19(8) is taken from authors.

For instance, if the author is a member of a copyright society and was
required to assign the rights in his present and future works for
administration by the society, then the producer taking assignment of
rights from the author may require the author to procure a waiver
from such a copyright society for the speci c works or give a speci c
undertaking to the producer that the assignment of rights in favour of
the producer do not contradict the terms and conditions of the rights
already assigned by the author to the copyright society.

Sample clause: The author hereby acknowledges and undertakes that
the assignment of copyright in the works as granted herein is not and
will not be contrary to the terms and conditions of the rights already
assigned to a copyright society in which the author is a member. The
author con rms that this assignment of works is not, in any way, in
contravention of Section 19 (8) of the Copyright Act, 1957.

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