Law: Copyright Ordinance, 1962

Section:

Copyright Ordinance (XXXIV of 1962)--- ---5.15---Assignment---An assignment to pass the legal title to the right assigned, must be in writing signed by the owner of the right in respect of which the assignment is made, or by his duly authorised agent and must be in respect of a work which is in existence at the time when the assignment is made and that such an assignment does not require to be expressed in any particular form of words and it in any be contained in letters. PLD 1968 Dacca 455; AIR 1973 Mad. 49; AIR 1975 Delhi 130 and AIR 1935 Ca1.508 distinguished. Halsbury's Laws of England, Vol. VIII, para. 754 ref. Iqbal Kazi for Appellant. A.A. Shareef, S. Izhar Haider Rizvi and Mubarak Hussain Siddiqi for Respondents. Date of hearing: 15th November, 1989. JUDGMENT MUKHTAR AHMED JUNEJO, J.--Appellant Shakeel Adilzadah, Editor and Publisher of a magazine namely `SABRANG' has filed this appeal against an order dated 28-9-1989 passed by learned Single Judge dismissing his application for interim injunction moved in Suit No.947 of 1989. Admittedly respondent No.2 Shoukat Siddiqui is author of a novel entitled "JANGLOOS", the instalments of which were being contributed by him to the appellant for being published in SABRANG and for each installment the respondent No.2 was being paid Rs.3,000. In the aforesaid manner, the petitioner has by now paid to the respondent No. 2 the cost of 42 instalments at the rate of Rs.3,000 per installment, the first installment having been paid for on 1-8-1977 and the last installment having been paid for on 30-12-1980. Out of 42 instalments supplied to the appellant, 28/1-2 have been published in the monthly publications of SABRANG while 13/1-2 instalments are yet to be published in the said magazine. Subsequently in November, 1986, the respondent No.2 got published the first volume of his novel "Jangloos" through the respondent No.3, as alleged by the appellant in his   Suit No.947/89 which he filed in this Court for issue of injunction restraining the respondents from publishing, telecasting, producing, filming, marketing, exhibiting, selling, exploiting, assigning and dealing with novel…