Copyright and Related Rights Act, 2000

Presumption of transfer of rental right in case of film production agreement.

124.—(1) Without prejudice to the right of an author to receive equitable remuneration in respect of a rental right, where an agreement concerning film production is concluded between an author or a prospective author of a copyright work and a film producer, the author or prospective author shall be presumed, unless the agreement provides to the contrary, to have transferred to the film producer any rental right in relation to the film arising by virtue of the inclusion of a copy of the work of the author in the film.

(2) Where a presumption of transfer of the rental right arises by virtue of subsection (1), the absence of a signature by or on behalf of the author shall not restrict the operation of section 120 or 121 .

(3) The reference in subsection (1) to an agreement concluded between an author or a prospective author and a film producer includes any agreement whether made by them directly or through intermediaries.

(4) The right to equitable remuneration on the transfer of the rental right applies where there is a presumed transfer under this section as in the case of an actual transfer.