Interpreting Section 19(5) of the Copyright Act, 1957 through Pine Labs v. Gemalto: When Does Contractual Intention Override the Default Rule?

Background Pine Labs developed and maintained the software powering Indian Oil’s Fleet Card Programme under a work order issued by Gemalto. During performance of this engagement, the parties executed a Master Services Agreement (MSA) dated 24.06.2004 governing development of future software. Under Clause 7.1, Pine Labs ‘assigns’ copyright and IP in project materials to Gemalto, and Clause 7.2 obligated Pine Labs to execute further documents if needed to enable Gemalto to enforce those rights....