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    COPYRIGHT

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    Srestha Das
    The document discusses the legal provisions around authorship and ownership of copyright in India. It defines authorship as originating a creative work, while ownership refers to legal rights over the copyright. Generally, the author and owner are the same, but ownership can be assigned through employment contracts or commissioning work. The key provisions are: 1) The author is typically the first owner, such as the writer, composer, photographer. 2) For works created during employment, the employer may own the copyright depending on the contract. 3) Ownership can be assigned through written and signed agreements but assignments must be clearly stated with durations not exceeding 5 years if not specified. 4) Case law has held that post

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    © All Rights Reserved
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    COPYRIGHT

    Uploaded by

    Srestha Das
    23 views3 pages
    The document discusses the legal provisions around authorship and ownership of copyright in India. It defines authorship as originating a creative work, while ownership refers to legal rights over the copyright. Generally, the author and owner are the same, but ownership can be assigned through employment contracts or commissioning work. The key provisions are: 1) The author is typically the first owner, such as the writer, composer, photographer. 2) For works created during employment, the employer may own the copyright depending on the contract. 3) Ownership can be assigned through written and signed agreements but assignments must be clearly stated with durations not exceeding 5 years if not specified. 4) Case law has held that post

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    Description of copyright

    Copyright

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    The document discusses the legal provisions around authorship and ownership of copyright in India. It defines authorship as originating a creative work, while ownership refers to legal rights over the copyright. Generally, the author and owner are the same, but ownership can be assigned through employment contracts or commissioning work. The key provisions are: 1) The author is typically the first owner, such as the writer, composer, photographer. 2) For works created during employment, the employer may own the copyright depending on the contract. 3) Ownership can be assigned through written and signed agreements but assignments must be clearly stated with durations not exceeding 5 years if not specified. 4) Case law has held that post

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views3 pages

    COPYRIGHT

    Uploaded by

    Srestha Das
    The document discusses the legal provisions around authorship and ownership of copyright in India. It defines authorship as originating a creative work, while ownership refers to legal rights over the copyright. Generally, the author and owner are the same, but ownership can be assigned through employment contracts or commissioning work. The key provisions are: 1) The author is typically the first owner, such as the writer, composer, photographer. 2) For works created during employment, the employer may own the copyright depending on the contract. 3) Ownership can be assigned through written and signed agreements but assignments must be clearly stated with durations not exceeding 5 years if not specified. 4) Case law has held that post

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    QUESTION-

    EXPLAIN THE LEGAL PROVISIONS RELATING TO AUTHORSHIP AND OWNERSHIP OF COPYRIGHT OF


    INDIA.

    INTRODUCTION
    The concept of ownership and authorship of copyright in India is very distinct in nature and
    attracts its own peculiar rights. Authorship and ownership in some cases may be referred to
    the same person, thereby, the owner of the copyright may also be the author of the copyright.
    The first owner of a copyright in a work is called an author. But sometimes, there may be
    certain limitations according to the law, with regard to the right of an author, where the
    author(employee) of the work is under a contract of service with an express agreement that
    reserves the rights of ownership of the employer. Hence, the concept of authorship and
    ownership of the copyright in India is not the same.
    WHAT IS AUTHORSHIP OF COPYRIGHT?
    An author is an individual who writes, collects, composes, and draws the work in the issue,
    although the whole idea of the work was suggested by some other person. The main reason
    behind the concept of an author is that he is the originator of a brilliant idea but may or may
    not be the copyright owner of the work.
    An author may create work on his own or at the instance of another person for any valuable
    consideration in the course of employment by another person. In the first case, the author is
    the owner of the copyright in the work. Where ownership depends upon the nature of
    employment, authorship depends upon the nature of work. But in the case of literary,
    dramatic, musical or artistic work which is system generated or computer generated, the
    person who creates the work is the author.
    According to Section 2(d), as a general rule, the author is the first owner of the copyright in
    his work, i.e.,
    1. For Literary or dramatic work, the author is the person who creates the work.
    2. Musical work- the Composer.
    3. Artistic work other than a photograph- the Artist.
    4. Photographs- the Cameraman.
    5. Cinematographic film and Sound recording- the Producer.
    ESSENTIAL REQUIREMENTS FOR THE PURPOSE OF AUTHORSHIP
    Section 13(2) describes the following essentials:
    i. Published work
    ii. Unpublished work
    iii. Architectural work
    WHAT IS OWNERSHIP OF COPYRIGHT?
    Ownership of copyright is different from any other type of ownership in a material form
    where the work is fixed. Generally, the creator or author of the work is the owner of the work
    and therefore, is entitled to get the ownership of the copyright for the work. A person owning
    a book may not be the owner of the copyright of the book.
    Example-
    If a painting, photograph, or portrait is made at the instance of any other person for a valuable
    consideration, such other person is considered the first owner of the copyright.
    Therefore, with regard to ownership, any person having any brilliant idea where that person
    communicates the idea to a dramatist who later goes on to make a play on the same idea, then
    the originator or creator of such an idea has no right in the product as a copyright owner
    because copyright ownership subsists only in a tangible form and not in a mere idea.

    LEGAL PROVISIONS OF OWNERSHIP UNDER THE COPYRIGHT ACT, 1957


    1. Section 17
    Section 17 of the Copyright Act lays down the provisions for acquiring ownership of
    Copyright. The ownership right is available only if the person qualifies the provisions
    of the Copyright Act, 1957.
    According to this provision, the author of the work shall be the first owner of the
    copyright. Hence, from legal perspectives, the following are the owners of copyright:
    i. In the case of musical work and sound recordings, the lyricist, composer,
    singer, musician, and any other person who produced the sound recording are
    called the owners of the copyright.
    ii. In any work done by any journalist, the proprietor or editor may be the owner
    of the copyright.
    iii. In works produced for valuable consideration at the instance of another person
    and also in absence of any agreement to the contrary, the person at whose
    instance the work is so produced may be called the owner of that work.
    iv. In relation to any literary or dramatic work, the author is considered the owner
    of the work.
    v. In relation to any work which is computer generated, the owner is the person
    who causes the work to be created.

    2. Section 18
    According to this provision, the owner of a copyright in an existing work may assign
    to any person the copyrighted work:
    i. Either wholly or partially;
    ii. Either generally or subject to any limitation;
    iii. Either for the whole term of the copyright or any part thereof.
     SUNIL AGARWAL v. KUMKUM TONDON
    (1995) II A.D. Delhi 627
    In this case, it was observed by the Hon’ble Court that Section 18 of the Act
    confers ownership right in copyright in any kind of assignment. The creator or
    author of the work is called the owner of the work and therefore is entitled to get
    the copyright for the work.
    3. Section 19
    According to this provision, the assignment of copyright in any work shall be
    considered invalid unless it is in writing signed by the assignor or by his duly
    authorized agent. If the period of assignment is not stated, it shall be deemed to be 5
    years from the date of such assignment.

    JUDICIAL INTERPRETATION OF AUTHORSHIP AND OWNERSHIP IN


    COPYRIGHT LAW
     V.T. THOMAS AND OTHERS
    V.
    MALAYA MANORAMA COMPANY LTD., AIR 1989 (KOL) 49
    In this case, the Hon’ble Court held that in case of termination of
    employment, the employee is entitled to ownership of the copyright for work
    created subsequently and the former employer has no right over such work.

     I will add another case law.

    ALL THE BEST. :*

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