Super Cassettes Industries Private Limited V. Rbep Entertainment Private Limited & Ors.

The Court, while interpreting a Long Form Agreement pertaining to inter alia assignment of copyright, held that the termination of the said agreement because of non-payment of dues, does not result in the copyright being re-assigned to the original assignor.

A deed of re-assignment needs to be executed in writing as per Section 19 of the Copyright Act as a prerequisite. This is especially when the agreement states that in the event of termination, “copyright shall be re-assigned”, which is distinct from “copyright stands assigned.”

Relying on Yennes Infotech v. Managing Director, eNoah Solution, the Court held that –

“a claim of money may lie in such circumstances, but re-assignment of the copyright in the absence of the document in writing, cannot be contemplated”.