Deed of Assignment of Copyright (India)

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Deed of Assignment of Copyright for use in India.

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This kit includes tools and guidelines to assist you in drafting a Deed of Assignment of Copyright.

This Deed of Assignment of Copyright is an instrument by where the owner of the copyright of an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof. In the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence.

Among others, this form includes the following key provisions:
  • Scope of assignment
  • Publisher warranties
  • Author warranties
  • Indemnification
  • Arbitration
This attorney-prepared Deed of Assignment of Copyright packet contains:
  1. Description and Instructions for Deed of Assignment of Copyright
  2. Deed of Assignment of Copyright for use in India
Law Compliance: This form is designed for use in India.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Deed of Assignment of Copyright
(India)












This Packet Includes:
   1. Description
   2. Instructions
   3. Deed of Assignment of Copyright (India)






 General Description
 Deed of Assignment of Copyright
(India)

This Deed of Assignment of Copyright is an instrument by where the owner of the copyright of an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially, and either generally or subject to limitations, and either for the whole term of the copyright or any part thereof.  In the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence.

Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of the Copyright Act of 1956 as the owner of copyright and the provisions of the Act shall have effect accordingly.





Instructions
Deed of Assignment of Copyright
(India)

   No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorised agent.

   The assignment of copyright in any work shall identify such work and shall specify the rights assigned and the duration and territorial extent of such assignment.

   The assignment of copyright in any work shall also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties. 

   Where the assignee does not exercise the rights assigned to him under any of the other subsections of this section 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 specified in the assignment.

   If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment.

   If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within India.











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Deed for Assignment of Copyright
THIS DEED OF ASSIGNMENT is made at ________ this _________ day of __________ between Mr./Ms.__________ residing at __________ hereinafter referred to as the “Author” of the One Part and Mr./Ms. _______________ carrying on business at ________ hereinafter referred to as the Publisher of the Other Part.
WHEREAS the Author has written/authored a [book/article] entitled ___________ (hereinafter called "the said [book/article]") and desires to publish the same.
WHEREAS the Author is the absolute owner of the copyright in the [book/article]. The copyright is registered with the Registrar of Copyrights in ____________[Mention Place] under the Copyright Act of 1956.
 WHEREAS the Author has agreed to do so in consideration of the Publisher paying him a sum of Rs_________ as lump sum royalty and on the following terms and conditions agreed to between the parties.
NOW THIS DEED WITHNESSETH that pursuant to the said agreement and in consideration of the Publisher paying to the Author a sum of Rs._________ on the execution of the Agreement (receipt whereof the Author does hereby admit), the Author hereby assigns to the Publisher the Copyright in the said [book/article] TO HOLD the same unto the Publisher absolutely throughout India and subject to reservations hereinafter contained:
1. The Publisher acknowledges and undertakes that the said assignment is restricted to publish the said [book/article] in India ONLY and the Publisher shall not without the prior approval in writing of the Author, publish any translation thereof in any other language and shall not allow it to be exploited for converting into a play or any cinematographic film or any television serial.
2. The Publisher warrants to mention in the first edition, all reprints and subsequent editions the name of the Author as author of the [book/article].
3. The Author hereby warrants and represents to the Publisher that:
    The Author is the sole copyright holder of the said [book/article] and he has not assigned the copyright or rights in or given license to use the copyright to anybody else or encumbered the same or done anything so as to prevent him from assigning the said right.
    The Author has the right or the power to enter into this deed.
    That the said [book/article] does not contain any material of defamatory, obscene, indecent, libelous or otherwise unlawful nature; and
    That the contents of the current edition of the said [book/article] are the original work of the Author and do not constitute breach of copyright vesting in any other person/s. Where limited extracts have been taken from other published or unpublished works in which copyright vests in other person/s proper acknowledgement has been made in the [book/article].
    That if the Publisher requires any other person/s to assist the Author in preparing subsequent editions of the [book/article] the names of those persons will also be mentioned as joint author/s of the [book/article]. And the Author will do and execute such other acts or deeds, if required, to confer entire copyright in the said [book/article] and as hereby assigned as may be necessary.
    [The Author has obtained the necessary permission from the copyright holder/s to reproduce in the article, in all media in all countries, any materials including tables, diagrams or photographs not owned by me/us. (Please attach any permission documents)]
    The said [book/article] has not been published before and is not being considered for publication elsewhere in its final form either in printed or electronic form
    That he will not publish either himself or through any other publisher an abridgment of the said [book/article] or any other [book/article] on the same subject and which would be competing with the [book/article] or get it published by any other person so long as the said [book/article] which is the subject matter of the present is being published by the Publisher and sold in the market.
    That the Publisher shall have the right to get the second and subsequent editions of the [book/article] prepared by either the Author or any other person of the Publishers choice. If the Publisher requires the Author to prepare the second or any subsequent edition, the Author undertakes that he will re-edit the said [book/article] at the time of publishing second edition thereof and to make it up-to-date when required by the Publisher. In case of Authors failure to do so, the Publisher will be entitled to get the [book/article] re-edited, enlarged or abridged through some other Author of the Publishers choice. For the said re-editing, the Publisher will pay to the Author the sum of Rs. __________/-.  The Author shall complete the re-editing within _________ months of being asked to do so by the Publisher.

4. The Author hereby agrees to:
    Indemnify and keep indemnified the Publisher against all claims, proceedings, costs and damages incurred or suffered or awarded or paid in respect of or arising out of any breach or non performance of any of the warranties on the part of the Author hereinbefore given or out of any claim by a third party based on facts, which if substantiated would constitute a breach or non-performance of such warranties.
    The Publisher shall have full right to assign the said copyright to publish the [book/article] in any part of India, to any person.

5. Permit the Author to take ___________ copies of the [book/article] on publication free of cost.
6. In the event of any dispute or difference between the parties hereto arising out of or in connection with this deed of whatsoever nature the same shall be referred to arbitration of a common arbitrator if agreed upon, failing which to two Arbitrators one to be appointed by each party to the Arbitration. The said Arbitrators shall appoint a presiding Arbitrator and the Arbitration shall be governed by the Arbitration Act and Conciliation Act, 1996, or any statutory modification thereof.
IN WITNESS WHEREOF the Assignor has put his hand the day and year hereinabove written.
Signed and delivered by the                    )
Within named Assignor Mr. __________)
In the presence of........                             )

Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33485

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I found your website from a friend of mine who has extensive librarian research experience and who's also an author. The instructions were very straightforward and once payment had been checked and arranged, the procedure was duly completed without delay. The forms were just exactly what was required to complete the business transaction, to the mutual satisfaction of all parties.


Palm Desert,

CA

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This document was clear, concise and very easy to use. It saved me several hours and produced a document that our lawyers approved immediately.


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