Assignment of Copyright with Royalty (India) by OLL
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This document is a formal agreement for the assignment of copyright from an author to a publisher in exchange for royalty payments. It details the transfer of rights under the Copyright Act, 1957, including provisions for publishing timelines, royalty percentages, profit sharing, and the author's obligation to revise the work. It also includes an arbitration clause and an indemnity provision regarding the originality and legality of the content.
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About this template
What is this template?
This is a full assignment of copyright ownership from an individual author to a commercial publisher under Indian law. It is not a mere license; it transfers the title of the work, but includes a specific reversion trigger if the publisher fails to keep the work in print for six months. It uniquely contains a 50% profit-sharing clause for secondary rights transactions.
When should you use it?
Use this when an author wants to sell the rights to a manuscript to a publisher but retain a percentage of every sale and half of any sub-licensing fees. Use a Copyright License Agreement instead if the author wants to retain ownership and only grant the publisher permission to print the work for a limited time.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Assignment of Copyright | Assigns copyright as defined in Section 14 of the Copyright Act, 1957, to the Publishers for the full legal term. |
| 2 | Royalty Payment | Obliges the Publishers to pay a specified percentage royalty on the nominal selling price of all copies actually sold every year. |
| 3 | Profit Sharing | Requires the Publishers to pay the Author half of the net profits earned from any further transfer or licensing of the copyright. |
| 4 | Statement of Account | The Publishers must submit a detailed statement of stock and sales to the Author between January and June each year. |
| 5 | Revision and Adaptation | The Author must revise or update the work when requested, though the Publishers cannot require this more than once every two years. |
| 7 | Author's Warranty and Indemnity | The Author guarantees the work is original and not obscene, agreeing to indemnify the Publishers against any third-party infringement claims. |
| 8 | Arbitration | Mandates that disputes be settled by two nominated arbitrators or an umpire before legal proceedings can be initiated. |
Who it's for
- an author in India transferring ownership of a book to a publishing house for royalties
- a publisher acquiring full copyright of a work while sharing profits from subsequent licensing
- parties requiring a copyright transfer that reverts to the author if the work stays out of print
How long it runs and how it's signed
Law it's drafted under
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