Oral assignment of copyright is not valid and permissible in law as per Section 19 of the Copyright Act, 1957.

( 1 ) THIS appeal is preferred against the judgment Decree dated 5-10-1979 passed by the learned Additional District Judge, Bangalore, in O. S. No. 9/1975. The appellant is the defendant in the suit and the respondent is the plaintiff. The respondent-plaintiff filed the aforesaid suit for a permanent injunction restraining the defendant either himself or through his agent etc. from further printing and publishing the book titled "a Concise History of Karnataka".

( 2 ) IT is the case of the plaintiff that he is the author of the book "a Concise History of Kamataka" and the manuscript of the same was given to the defendant for printing; that he had not assigned his copyright to the defendant and therefore, the defendant was and is not entitled to publish the book without assignment of the copy right in writing to him by the plaintiff; that when the book was printed and ready for publishing, the defendant came forward with the plea that the plaintiff had assigned the copy-right though no such assignment had been made by the plaintiff either orally or in writing; that as the defendant tried to publish the book claiming that the plaintiff had assigned the copy-right of the book in question, the plaintiff had no other go but to seek relief as claimed in the suit.

( 3 ) THE appellant-defendant resisted the suit and inter alia contended that there was an oral complete agreement between the plaintiff and the defendant in which the plaintiff agreed to assign the copy-right. Therefore, the defendant was entitled to publish it since the copy right had been assigned to him in lieu of the expenditure incurred for printing the book.

( 4 ) ON the basis of the evidence on record, the trial court framed the following issues : 1. Whether the plaintiff had agreed to assign the copy right of the book "concise History of Karnataka" to the defendant and whether there is equitable assignment of the same in favour of the defendant? 2. Whether the suit is premature? 3. Whether the plaintiff is entitled to the relief of permanent injunction prayed for?

( 5 ) ON the basis of the evidence on record, the trial court has held that assignment of the copy right is not proved, that oral assignment is not permissible in the light of the provision contained in Sec. 19 of the Copyright Act, 1957 (hereinafter referred to as the 'act'), The trial court has also held that as the defendant tried to assert that the copy-right was assigned by the plaintiff, the plaintiff was entitled to seek the relief, and as such the suit was not premature. Consequently, in the light of the findings recorded on issues 1 and 2, the trial court has decreed the suit.

( 6 ) THE points that arise for consideration in this appeal are as follows 1. Whether an oral agreement of assigning copy-right is valid and permissible in law? 2. Whether the defendant has proved that there was any such oral agreement entered into by the plaintiff assigning the copy-right in relation to the book called "a Concise History of Karnataka"? 3. Whether the decree of the trial court requires to be interfered with.

( 7 ) IN support of his case, the plaintiff has examined himself as P. W. 1 and has produced 11 documents marke as Exhibits P. 1 to P. 11. The defendant has examined himself as D. W. 1 and has produced one document marked as Ex. D. 1. As points 1 and 2 go together, we consider them together. Point Nos. 1 and 2

( 8 ) THE trial court has held that the plea of the defendant that the plaintiff orally agreed to assign the copy-right is not proved. There is only an oral evidence of the defendant in support of his case of oral agreement which is denied by the plaintiff. There is no evidence on record which can persuade us to come to the conclusion different from the one arrived at by the trial court and hold that the oral agreement is proved. Therefore, we are of the view that the finding recorded by the learned trial Judge that the oral agreement is not proved, is correct and deserves to be confirmed