Assignment of Copyright in Cinematograph Works

Hi Friends..

I would like to have the List's opinion on a hypothetical..

Film production company assigned few films to Distributor A for 20 years on condition that the rights revert back after the expiry of the term. Dist. A again assigns the rights to Dist.B for 75 years, who in turn assigns it to Dist.C for 75 years, who in turn assigns it to a Broadcasting company for 75 years.

At the end of the 20th year the Production company solicits new assignees through public notice. Broadcasting company sues Production company claiming rights over those films for 75 years citing assignment links from C,B and A.

The Indian copyrigh act u/s 26 grants a term of only 60 years for copyright in cinematograph works after which it goes into public domain.

Can the Broadcasting company claim and sue the Production company in any manner? Did Dist. A had the rights to assign a title which he himself didnt have? Are all subsequent assignments passing from Dist. A valid?

Hoping to be favored with valuable opinions.

Regards

Raza Ahmed Siddiqui
B.Com(H),LLB,PGDIPR,GCIP
Trademark & Copyright Attorney
Hyderabad,India
Mobile : 091-40-56531923
Email : razabhai[_at_]yahoo.com Received on Tue Nov 11 2003 - 02:23:23 GMT