Professional Documents
Culture Documents
INTRODUCTION
Copyright is a form of intellectual property protection granted under Indian law to the
creators of original works of authorship such as literary works (including computer programs,
tables and compilations including computer databases which may be expressed in words,
codes, schemes or in any other form, including a machine readable medium), dramatic,
musical and artistic works, cinematographic films and sound recordings.
Copyright law protects expressions of ideas rather than the ideas themselves. Under section
13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic
works, musical works, artistic works, cinematograph films and sound recording. For example,
books, computer programs are protected under the Act as literary works.
Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of
Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any
other person who is duly licensed in this regard by the owner of copyright. These rights
include the right of adaptation, right of reproduction, right of publication, right to make
translations, communication to public etc.
As per Section 17 of the Act, the author or creator of the work is the first owner of copyright.
An exception to this rule is that, the employer becomes the owner of copyright in
circumstances where the employee creates a work in the course of and scope of employment.
This Agreement is executed at New Delhi on this 12th day of April of 2020.
BETWEEN
Mr. Rahim Mehrez, son of Mr. Karim Mehrez residing at House no. 51, Block E Lajpat
Nagar, New Delhi herein referred to as “the Author” (which expression shall unless
repugnant to the context thereof would mean and include his successors and assigns) of the
one part.
AND
M/s Sharma Publishing Private Limited, a company registered under the Companies act,
1956 and conducting business at Shop no. 19, Second floor, Mansarover Towers, Sarafah,
New Delhi herein referred to as “the Publisher” (which expression shall unless repugnant to
the context thereof would mean and include his successors and assigns) of the other part.
Recitals
1. Whereas the Author is the owner of “Methods to be Successful in Life” and on such
application, the work is duly registered under Copyright Act, 1957.(herein referred to
as “the Book”) and the Author desires to publish the same.
2. Whereas the Author owns all proprietary in and to all copyrightable or copyrighted
works described in the Book.
3. Whereas the Publisher approached the Author for license of the copyright for
publication for that purpose.
4. Whereas the Publisher has offered to purchase the license of copyright of the said
book for the purpose of Publication.
A. That Author have full right and absolute Authority to assign the said
copyright in the manner aforesaid.
B. That the said book does not contain any defamatory obscene or otherwise
objectionable matter.
B. That copyright is free from all encumbrances and claims and the Author
shall keep the Publisher indemnified against such claim.
D. That Author will execute any further deed as may be required for further
and more perfectly assuring the said copyright unto the Publisher.
E. The Publisher hereby declares and agrees that the Author will have no
liability in respect of any claim, proceedings, costs and expenses and that the
Publisher undertakes to keep the Author fully indemnified against all such
actions, claims, proceedings, costs and expenses in relation to the said
copyright, assigned herein or manufacture and sale of said product or use of
the copyright or in relation to the same.
F. That the Publisher shall have the right to get the second and subsequent
editions of the book prepared by either the Author or any other person of the
Publisher's 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 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 re-edited, enlarged or abridged
through some other Author of the Publisher's choice. For the said re-editing,
the Publisher will pay to the Author the sum of Rs.10,00,000 /- (Rupees Ten
Lakh only). The Author shall complete the re-editing within 10 (Ten) months
of being asked to do so by the Publisher.
IN WITNESS WHEREOF the Parties herein have executed these on the day, month and year
first hereinabove written
PUBLISHER AUTHOR
WITNESSES