Page:The copyright act, 1911, annotated.djvu/71

 Rights. '^^

period (z«) shall, on the death of the author, not- §5(2). withstanding- any agreement to the contrary, devolve on his legal personal representatives a.'< part of his estate, and any agreement entered into by him as to the disposition of such reversionary interest shall be null and void, but nothing in this proviso shall be construed as applying to the assignment of the copyright in a collective work (2) or a licence to publish a work or part of a work as part of a collective work.

Copyright is divisible as to — Divisibility

,, . of copyright,

(1) Method 01 reproduction;

(2) Place;

(3) Time.

The actual legal property, carrying with it the title to sue, can be split up and assigned to different persons (y).

The provision that copyright may be assigned either "wholly or wholly or partially enables any part of the monopoly to partially." be separated from the rest. Thus the performing right in a work may be assigned to one person and the trans- lating right in India may be assigned to another. In the case of an artistic work the right to make repro- ductions in the form of picture postcards may be assigned to one, and the right to produce a coloured print to another. In the case of music, the right to perform in public, the right to print sheet music and the right to make records may all be assigned to different persons, so that each in respect of the rights assigned shall have the full rights of a proprietor of copyright.

The exclusive right to sell or distribute copies is not Exclusive part of the monopoly which constitutes copyright. The right of sale power to stop others from selling infringements is only separately an incidental right which is given to the owner of the assigned." copyright in order to protect his sole right of reproduc-

��(«) Sect. 16 (I).

{x) Sect. 35 (I) ("Collective work").

(>/) Sect. 5 (3).

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