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- A sample of such a contract was read out in the Upper House by member Javed Akhtar in furtherance of moving the bill, the mandatory contractual obligation which binds all authors provides for unjust terms which vests in the producer not just rights in relation to the relevant project but also future exploitation of the work, through various modes existing or which may be invented in the future.
- Even on assignment, the rights of the author shall remain alive, he can receive royalties along with the assignee for utilization of his work anywhere other than in the particular film for which it was created, any agreement/assignment to the contrary would be void. This provision would go a long way in protecting the authors who lack bargaining power before large producers and under pressure are forced to succumb to the unfair contract terms; whereby they lose rights to subsequent non-film exploitation of their works.
- Blanket assignments are avoidable under the original provisions of the act, section 18 of the act provides that the owner of the copyright can impose limitations on the assignment made by him, however this provision is made redundant by s.17 whereby the first ownership of copyright is transferred to the assignee and the original author is no longer in a position to put limitations on the future assignments.
- 227th Report on Copyright (Amendment) Bill, 2010 of The Parliamentary Standing Committee on Human Resource Development, p. 27
- See s. 33A of the Copyright Bill 2012
- See s. 38A of the Copyright Bill 2012, By written contract, the performance by a performer in a film shall stand excluded for payment of royalties, but for subsequent commercial use of the performance royalty would be payable to the performer.
- See S. 31 C of the Copyright (Amendment) Bill, 2012
- Based on discussions in the Rajya Sabha by member Javed Ahktar on 17th May, 2012 and discussions in the Lok Sabha by Union Human Resource Development Minister, Kapil Sibal on 22nd May, 2012, in furtherance of moving the bill to amend the Copyright Act 1957.
- Bobby Bedi, All Emotion no Reason, The Tribune, June 10, 2012
- AIR 1977 SC 1443
- AIR 1998 Mad 294
- 2000 PTC 556 (Bom)
- CS(OS) No. 490/2011
- 227th Report on Copyright (Amendment) Bill, 2010 of The Parliamentary Standing Committee on Human Resource Development, p. 66
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