Question

The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion.

Principle: Licence is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licenses. Assignment is an agreement whereby the owner of the copyright transfers all the property rights to the assignee. Property right is a bundle of rights consisting of right to possess, right to use, right to alienate and the right to exclude others.

Facts: An owner of the copyright in a cinematographic film enters into an agreement with B, a film distributor. B agrees to distribute the film only in Mumbai. A also enters into many such agreements with other distributors for distribution of his film in other cities.

पर्याय

• The agreement between A and B is more in the nature of assignment than in the nature of licence

• The agreement between A and B is more in the nature of licence than in the nature of assignment

• The agreement between A and B is both in the nature of assignment and licence

• The agreement between A and B is neither in the nature of assignment nor in the nature of licence

Answer 1

The agreement between A and B is more in the nature of license than in the nature of the assignment

Explanation:

"The agreement between A and B is more in the nature of license than in the nature of the assignment" must be upheld as per the guiding principle which says licence is an agreement whereby the owner of the copyright agrees to grant an interest in the copyright to the licences and not necessarily triangles the whole property rights thus in the present case the agreement is encompassed in the definition of licence and is not in the nature of assignment wherein all the rights are transferred to assignee.