Section 53A of Copy Right Act - Resale share right in original copies

Section 53A: Resale share right in original copies - Copy Right Act 1957

(1) In the case of resale for a price exceeding ten thousand rupees, of the original copy of a painting, sculpture or drawing, or of the original manuscript of a literary or dramatic work or musical work, the author of such work if he was the first owner of rights under section 17 or his legal heirs shall, notwithstanding any assignment of copyright in such work, have a right to share in the resale price of such original copy or manuscript in accordance with the provisions of this section:

Provided that such right shall cease to exist on the expiration of the term of copyright in the work.

(2) The share referred to in sub-section (1) shall be such as the 2[Commercial Court] may fix 3***:

Provided that the 2[Commercial Court] may fix different shares for different classes of work:

Provided further that in no case shall the share exceed ten percent, of the resale price.

(3) If any dispute arises regarding the right conferred by this section, it shall be referred to the 2[Commercial Court] whose decision shall be final.

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1. Ins. by Act 38 of 1994, s. 18 (w.e.f. 10-5-1995).

2. Subs. by Act 33 of 2021, s.10, for "Appellate Board" (w.e.f. 4-4-2021).

3.The words "and the decision of the Appellate Board in this behalf shall be final" omitted by s. 10, ibid. (w.e.f. 4-4-2021).