Dipal vyas
28 July 2017 at 19:43
Dear Sir,
According copyright section-30,
30. Licenses By Owners Of Copyright: - The Owner Of The Copyright In Any Existing Work Or The Prospective Owner Of The Copyright In Any Future Work May Grant Any Interest In The Right By License In Writing Signed By Him Or By His Duly Authorized Agent:
Provided That In The Case Of A License Relating To Copyright In Any Future Work, The License Shall Take Effect Only When The Work Comes Into Existence.
Explanation:- Where A Person To Whom A License Relating To Copyright In Any Future Work Is Granted Under This Section Dies Before The Work Comes Into Existence, His Legal Representatives Shall, In The Absence Of Any Provision To The Contrary In The License, Be Entitled To The Benefit Of The License.
Example:-
(1) Company-A is copyright owner in Music Industry and Company-B is duly authorised agent of company-A.
(2) According to section-30 Company-B is duly authorised agent of company-A and company-B can Grant license and collect Royalty on behalf of company-A.
(3) Company-B is neither a copyright owner nor a registered copyright society, company-B act only as an authorised Agent.
(4) If I am right, only copyright owner (i.e. yash raj, t-series etc...) or a registered copyright society (i.e. PPL, IPRS, ISRA...) can issue and grant license by his own name. Duly authorise agent company-B can collect license fees on behalf of owner of copyright but B cannot issue Payment receipt or licence by his own name on behalf of company ‘A’ because Company-B is not copyright owner and also not a Registered copyright society.
Here in sec-30 mentioned - Grant Any Interest in the Right by License in Writing Signed by Him or by His duly Authorised Agent.
Important Question: - If duly authorised agent is neither an owner of copyright nor a copyright society then such duly authorised agent can collect only royalty on behalf of copyright owner? Or such Agent can collect royalty and also issue license by his (Agent) own name on behalf of copyright owner?
So my Question is company-B can issue payment receipt and/or licence by his own name on behalf of copyright owner A or not. Company-B is neither a copyright owner nor a registered copyright society but he acts only as an Agent.
Here is referral link of Bombay high court judgement:-
https://indiankanoon.org/doc/44713127/
Wait for your authentic reply sir.
With regards,
Paritosh Parikh
Anonymous
18 November 2011 at 15:28
Dear Expert,
The record with the Trademark Office has a date of dispatch of TM 5 on 25.02.2011 and the client must have received it after that, however the client is unable to provide the exact date as to when actually the TM 5 was received.
Now the TM Office says that the 2 months stipulated time to reply back has to be counted from the date of dispatch of TM 5 from Trademark office for applicant has expired. If that is the case then the stipulated time ends on 25.04.2011 (2months).
Now being the month of November 2011 the application will be abandoned in due course. The same is still as opposed in the public site.
My question before you is whether there is any way TM 6 can be filed on this date.
Secondly whether the date of dispatch of TM 5 is to be considered correct.
What is the remedy to save the application.
Or should a new application be filed as no intimation was sent from the Trademark Office in this regard.
Pls advice.
Regards and Thanks in advance
Legal_Query
02 March 2011 at 17:12
Dear All,
kindly suggest an excellent lawyer at chennai who can represent before Chennai HC in the matter relating to patents and designs act.
thnks to all.
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About sethwar copy
SIR
WE HAVE AGRICULTURE LAND 69 SY NO=2 ACR
1-IN SETHWAR 1954 IN THAT PHANI =INAM LAND WRITTEN IN THE COLOUM
BUT
2-PT REGISTER MY GRAND FATHER NAME IS THERE
3-WE GOT 38-E ALSO
4-WE PAY LAND TAXES 1954 TO TILL NOW
MY QUESTION
EITHER ITS COMES UNDER INANM LAND OR PATTA LAND