Assignment of Copyright of Book Reserving Royalty
This deed of assignment is made this 5th day of December 1999 between CD son of ……………… residing at …………………… (hereinafter called the author) of the one part and Eastern Law Ltd. a company registered under the Companies Act 1956 having its Registered Office and carrying on business of Publishers and Booksellers at 54 Ganesh Chunder Avenue, Calcutta 700 013 (hereinafter called the publisher which term shall include its successors and assigns) of the other part. Whereas the author is entitled to the copyright of the book known as ……… and whereas the publishers approached the author for assignment thereof which the author has agreed to do on terms hereunder contained.
Now this deed of assignment witnesses as follows:
(1) In consideration of and subject to the covenants on the part of the publishers as hereinafter contained, the author does hereby grant, convey, transfer, sell, assign and assure unto and to the use of the publishers all that copyright as defined in section 14 of the Copyright Act 1957, of the book entitled ……… on the subject of ……… to have and to hold the same as absolute owners thereof for the full term of copyright as prescribed by law.
(2) The publishers shall, so long as the said work or any adaptation, modification or translation thereof is published and sold, submit to the author twice every year, once during the month of January and the other by June, a statement of account showing details of the copies
printed, published, held in stock and sold or disposed of (except otherwise by sale of damaged or destroyed copies) and of the profits, if any, earned thereunder.
(3) The publishers shall pay or cause to be paid to the author or his nominee or nominees a royalty at the rate of ………… per cent on the sale proceeds of the copies of the work or adaptations or translations thereof that may be actually published and as disclosed in the statement of account referred to in clause (2). No royalty shall be payable on any copies of work that may be damaged or destroyed or disposed of otherwise than by regular sale.
(4) That the publishers shall also pay to the author half the net profits earned by them, if any, from transfer, sale or assignment of any of the rights comprising the copyright or from grant of any interest or licence therein: provided that the publishers shall not be entitled to and shall not do or cause anything to be done in derogation of the author’s other rights, particularly the right to royalty reserved hereunder.
(5) That the author does hereby agree to revise the work and bring it up to date or otherwise modify, alter, adapt or translate it or get it translated whenever reasonably required by the publishers: provided also that the publishers will not normally require the author to do so more than once in two years; provided further that in case the author shall fail and/or neglect, and/or refuse to revise, modify, alter, translate the work or get it translated as and when reasonably required by the publishers, they shall be at liberty to get the same done on his account by any person or persons of their choice after due notice to the author and deduct all costs, charges and expenses out of moneys payable to the author. Provided also that in selecting the person proposed to revise, modify, alter, adapt or translate the work and in fixing the remuneration to be paid therefor, the author’s wishes, if any, shall so far as possible be respected by the publishers.
(6) That the author has delivered or shall deliver (within a period of ……… months from the date hereof) the manuscript of the said work to the publishers.
(7) That the author does hereby declare that the work of which the copy is being hereunder assigned is entirely original work of the author and that the same does not in any manner whatsoever violate or infringe any existing copyright or any other right of any other person or other persons; and further that it does not contain anything which may be considered as obscene, libellous, scandalous or defamatory.
(8) The author hereby agrees to indemnify and keep the publishers indemnified against all claims, demands, suits and other actions and proceedings, if any, that may be instituted or taken and also against all damages, costs, charges, expenses which the publishers shall or may suffer, on account of printing, publication or sale of the said work or any part thereof, or by reason of such printing, publication and/or sale being an infringement of some other person’s copyright or other rights in the work or by reason of its containing anything which may in any sense be obscene, libellous, scandalous or defamatory.
(9) The publishers shall print and publish the work or cause the same to be printed and published as soon as practicable within a period of 12 months from the date of this contract, and in default thereof the author may, by a notice in writing, call upon the publishers to print and publish the work within two months of the receipt of the said notice; and if the publishers shall still fail and/or neglect to print and/or publish the work within the said period, save and except in so far as they are prevented from doing so by circumstances beyond their control, the author shall be at liberty to rescind the contract on giving a notice to that effect to the publishers when the copyright shall revert fully to the author and all the rights of publishers shall, as from that date, stand determined.
(10) That in case of dispute or difference arising between the parties touching the meaning, construction, interpretation, breach or fulfilment or non-fulfilment of the terms of these presents or any clause or condition thereof, the same shall be referred to the decision of arbitrator(s) in accordance with the provisions of Arbitration and Conciliation Act 1996.
(11) That the words author and publishers, “party” or “parties”, unless there be something contrary in the context, include their respective heirs, survivors, successors, representatives, executors, administrators and assigns and successors in business.
In witness whereof the parties hereto have executed these presents, the date, month and year first hereinbefore mentioned.
Signed, sealed and delivered by CD the author in the presence of:
Signed, sealed and delivered
by Mr. M.K. Chawla pursuant to
Board Resolution of Eastern Law Ltd. dated …………… in the