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CREA TIVEFIRST COPYRIGHT 101

If the assignee does not exercise the rights assigned to him within a period of
one year from the date of assignment, the assignment in respect of such rights
shall be deemed to have lapsed after the expiry of the said period unless
otherwise speci ed in the assignment.

Tip: Therefore, if you are procuring an assignment, always include a waiver of
Section 19(4) of the Copyright Act or speci cally mention that the rights shall
not lapse if not exercised within one year from the date of assignment.

Sample clause: It is agreed by the Parties that the provisions of Section 19(4) of
the Copyright Act, 1957 shall have no application or effect on the terms of this
Agreement. The rights assigned herein shall not lapse if not exercised within a
period of one year from the date of assignment.

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