{"id":8162,"date":"2020-05-08T16:33:49","date_gmt":"2020-05-08T11:03:49","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=8162"},"modified":"2021-01-21T15:47:08","modified_gmt":"2021-01-21T10:17:08","slug":"ownership-and-authorship-of-copyright-in-india","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/ownership-and-authorship-of-copyright-in-india\/","title":{"rendered":"Ownership and Authorship of Copyright in India"},"content":{"rendered":"\n<p class=\"has-drop-cap\">The owner of\nCopyright has no domination in the subject matter of the creation. Other people\nhave the liberty to make or produce the same result from the &#8216;common source,&#8217; provided\nthat they do so independently, and the work is &#8216;original.&#8217; Another person can\noriginate from another work in the same general form, provided he\/she does so\nfrom the resources available to him\/her on its own and makes the work\noriginated by him\/her as a work of his own by his\/her labor and industry.\nCopyright law does not prevent any person from taking away what is useful from\nan original work and create a new work with some improvements and additions in\nit. <\/p>\n\n\n\n<p>The ownership in\nCopyright has totally different implications as contrasted against ownership in\nphysical materials. It is very well known to all that the author of a work is\nthe first owner of a work created by him\/her. But this prefix of \u201cfirst\u201d before\n\u201cowner\u201d generated many exceptions. But the exceptions related to the rule of\nthe first owner do not diminish the genuine importance of ownership of the\nauthor of Copyright, which is in the interest of the advancement of knowledge\nand progress of the society. The Ownership and Authorship of Copyright are two\ndistinct concepts. In the article, we will discuss in detail the concepts of\nOwnership and Authorship of Copyright in India.&nbsp;\n<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_82_2 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title ez-toc-toggle\" style=\"cursor:pointer\">Page Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 eztoc-toggle-hide-by-default' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/corpbiz.io\/learning\/ownership-and-authorship-of-copyright-in-india\/#What_is_an_Ownership_and_Authorship_of_Copyright_in_India\" >What\nis an Ownership and Authorship of Copyright in India?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/corpbiz.io\/learning\/ownership-and-authorship-of-copyright-in-india\/#What_are_the_statutory_exceptions_to_the_rule_of_Ownership_and_Authorship_of_Copyright_in_India\" >What are the statutory exceptions to the rule of Ownership and Authorship of Copyright in India?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/corpbiz.io\/learning\/ownership-and-authorship-of-copyright-in-india\/#What_are_the_limitations_on_the_rights_of_Ownership_and_Authorship_of_Copyright_in_India\" >What\nare the limitations on the rights of Ownership and Authorship of Copyright in\nIndia?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/corpbiz.io\/learning\/ownership-and-authorship-of-copyright-in-india\/#Conclusion\" >Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_is_an_Ownership_and_Authorship_of_Copyright_in_India\"><\/span>What\nis an Ownership and Authorship of Copyright in India?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p><strong><em>The terms Ownership and Authorship of Copyright are explained as follows: <\/em><\/strong><\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><img decoding=\"async\" width=\"576\" height=\"336\" src=\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/05\/image-38.png\" alt=\"Ownership and Authorship of Copyright in India\" class=\"wp-image-8163\" srcset=\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/05\/image-38.png 576w, https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/05\/image-38-300x175.png 300w\" sizes=\"(max-width: 576px) 100vw, 576px\" \/><\/figure><\/div>\n\n\n\n<h3 class=\"wp-block-heading\">Ownership of Copyright<\/h3>\n\n\n\n<p>Ownership in Copyright\nis different from other ownership in physical material in which work is fixed.\nA person owning a book may not be the owner of the Copyright of the book. As per\nthe general rule, the author is the first owner of Copyright of a work. The Copyright\nLaws provide certain exceptions to the general rule mentioned above, which are\nnecessary to clearly examine the two different concepts of Ownership and\nAuthorship of Copyright in India. To clear the above point, if a painting,\nphotograph, or a portrait is made at the instance of any other person for a\nvaluable consideration, such other person is the first owner of the Copyright\nin such a case. <\/p>\n\n\n\n<p>The creator\/inventor\nof an idea of creation\/invention is also not the true owner of Copyright in\nwork, unless he\/she is the creator\/inventor of the work. Therefore, any person\nis having any brilliant idea, and he\/she communicates the idea to a dramatist\nwho later on goes on to make a play on the same idea, the originator\/creator of\nidea has no right in the product of the dramatist, as a Copyright subsists in a\ntangible form and not in a mere idea. <\/p>\n\n\n\n<p><strong><em>Section\n17 of the Copyright Act, 1957,<\/em><\/strong> provides for\nprovisions of acquiring Ownership of Copyright. The Ownership right is\navailable only if the person qualifies the provision of the <strong><em>Copyright Act,\n1957<\/em><\/strong>. In other laws prevailing in India, no other remedy is available\nto counter the violation of Ownership of Copyright. &nbsp;<br>\n<strong><em>Section 17 of the Copyright Act, 1957<\/em><\/strong>,\nprovides for the provision that the first owner of Copyright is defined to be\nthe author of the work. The definition of the author is defined separately\nunder the <strong><em>Copyright Act, 1957, <\/em><\/strong>to clearly explain the distinction\nbetween the Ownership and Authorship of Copyright in India<strong><em>.<\/em><\/strong> The\ndefinition of author related to various works is provided under the <strong><em>Copyright\nAct, 1957.<\/em><\/strong><strong><em><\/em><\/strong><\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Authorship of Copyright<\/h3>\n\n\n\n<p>An author is an individual who writes, collects,\ncomposes, and draws the work in issue, although the whole idea of the work was suggested\nby some other person. The rationale behind the concept of an author is that the\noriginator of a brilliant idea is not the Copyright owner in the work, unless\nhe\/she is also the creator of the work. The nationality of an author is not the\nprime factor to determine the right of an author to a Copyright under the Copyright\nAct, 1957. Though, the existence of Copyright has certain essential requirements\nunder <strong><em>Section 13 (2) of the Copyright Act, 1957. <\/em><\/strong><\/p>\n\n\n\n<p><strong><em>The\nessential requirements under Section 13(2) of the Copyright Act, 1957 are as\nfollows:<\/em><\/strong><\/p>\n\n\n\n<ul><li><strong>Published work<\/strong><\/li><\/ul>\n\n\n\n<p>The work should\nbe published in India, or when publication is done outside India, the author of\nthe work, at the date of publication, must be a citizen of India, if alive at\nthat date, or if dead, at the time of the death of the author. <\/p>\n\n\n\n<ul><li><strong>Unpublished work <\/strong><\/li><\/ul>\n\n\n\n<p><strong><em>As\nper Section 7 of the Copyright Act, 1957<\/em><\/strong>,\nwhere the making of the work was extended for a considerable time period, the\nauthor of a work, should be deemed to be a citizen of, or domiciled in, the\ncountry of which he\/she was a citizen or wherein he\/she was domiciled for any\nsubstantial part of that time period. The unpublished work does not include the\narchitectural works.<\/p>\n\n\n\n<ul><li><strong>Architectural work <\/strong><\/li><\/ul>\n\n\n\n<p>The\narchitectural work of the author should be located in India only then the work\nwill be considered as a subject of copyright protection under the Copyright\nAct, 1957, in India.<\/p>\n\n\n\n<p><strong><em>On\nthe other hand, as a rule, the author is the first owner of the Copyright in\nthe work. The Copyright Act, 1957, under Section 2(d) defines the author of\nvarious works as follows: <\/em><\/strong><\/p>\n\n\n\n<ul><li>In the case of literary\nor dramatic works, the author of the work is the author, <\/li><li>In the case of musical\nworks, the composer of the work is the author, <\/li><li>In the case of an\nartistic work other than the photographs, the artist of the work is the author,\n<\/li><li>In the case of a\nphotograph, the person who takes a photograph is the author, <\/li><li>In the case of\ncinematographic films, the producer of the work is the author,<\/li><li>In the case of sound\nrecordings, the producer of the work is the author, and <\/li><li>In the case of\nliterary, dramatic, musical, or artistic works, which is computer-generated,\nthe person who causes the works to be created is the author.<\/li><\/ul>\n\n\n\n<p>As per <strong><em>Section 2 (ffa) of the Copyright Act, 1957<\/em><\/strong>, a \u201cComposer\u201d in relation to a musical work means any person who composes the music irrespective of the fact that whether he\/she records the musical works in any form of graphical notation. Though, the definition of the composer may not enable him\/her to prove his\/her authorship except the composition of musical work is recorded in any form of musical notation or otherwise.  As per <strong><em>Section 2 (p) of the Copyright Act, 1957<\/em><\/strong>, a \u201cMusical work\u201d means a work comprising of music and contains any graphical notation of such work but does not include any words or actions intended to be spoken, sung or performed with the music.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/avoid-copyright-infringement\/\">Legal Action Against Copyright Infringement Under the Copyright Act<\/a><\/mark><\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_are_the_statutory_exceptions_to_the_rule_of_Ownership_and_Authorship_of_Copyright_in_India\"><\/span>What are the statutory exceptions to the rule of Ownership and Authorship of Copyright in India? <span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>Under Section 17 of the Copyright Act, 1957, the author of a work is the first owner of Copyright. This rule under Section 17 of the Copyright Act, 1957 regarding the Ownership and Authorship of Copyright, is subject to certain statutory exceptions. <\/p>\n\n\n\n<p><strong><em>The statutory exceptions related to Ownership and Authorship of Copyright in India are as follows:<\/em><\/strong><\/p>\n\n\n\n<div class=\"wp-block-image\"><figure class=\"aligncenter\"><img decoding=\"async\" width=\"589\" height=\"399\" src=\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/05\/image-39.png\" alt=\"statutory exceptions related to Ownership and Authorship\" class=\"wp-image-8164\" srcset=\"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/05\/image-39.png 589w, https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/05\/image-39-300x203.png 300w\" sizes=\"(max-width: 589px) 100vw, 589px\" \/><\/figure><\/div>\n\n\n\n<h3 class=\"wp-block-heading\">Literary,\ndramatic, artistic work<\/h3>\n\n\n\n<p>Under <strong><em>Section\n17 (a) of the Copyright Act, 1957,<\/em><\/strong> where any literary, dramatic or\nartistic work is made by an author in the course of his\/her employment or\nservice by the owner of a magazine, newspaper or similar periodical under a\ncontract of service or traineeship, for the purpose of publishing the work of\nan author in a newspaper, magazine or any such periodical, etc., the owner, in\nthe absence of any prior agreement to the contrary, will be the first owner of\nthe Copyright of the work of the author. The rule, as mentioned above, applies\nso far as it relates to the publishing of the work in the magazine, newspaper,\netc. or the reproduction of the work for the purpose of work being so\npublished. But in all other cases, the author will be considered the first\nowner of the Copyright. <\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Photograph,\npainting, portrait, engraving or cinematographic film<\/h3>\n\n\n\n<p>As per <strong><em>Section\n17 (b) of the Copyright Act, 1957<\/em><\/strong>, the cases where a painting or\nportrait is drawn, or where a photograph is taken, or an engraving or\ncinematographic film is made for a valued consideration at the instance of any\nsuch person, in the absence of any prior agreement to the contrary, the person\nwho paid valuable consideration will be the first owner of the Copyright. <\/p>\n\n\n\n<p>Where, however,\nany person does any of the things as mentioned above in the course of his\/her\nemployment or service by the owner of a newspaper, magazine or similar\nperiodical under a contract of service or traineeship, for the purpose of publishing\nthe work in a newspaper, magazine or any such periodical, etc., the said owner\nof the magazine, newspaper, etc., in the absence of any prior agreement to the\ncontrary, will be the first owner of the Copyright.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Work\nmade in the course of employment<\/h3>\n\n\n\n<p>The <em><strong>Copyright Act, 1957, as per Section 17 (c)<\/strong><\/em><sup><a href=\"https:\/\/indiacode.nic.in\/handle\/123456789\/1367?view_type=browse&amp;sam_handle=123456789\/1362\"><strong>[1]<\/strong><\/a><\/sup><strong><em>,<\/em><\/strong> provides that in the case where a work is made by the author in the course of employment under a contract of service or traineeship, the employer or proprietor (not being proprietor or owner of a magazine, newspaper or similar periodical), in the absence of any prior agreement to the contrary, is the first owner of the Copyright.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Lectures\ndelivered in public<\/h3>\n\n\n\n<p>As per <strong><em>Section\n17 (cc) of the Copyright Act, 1957<\/em><\/strong>,\nin the case where any person has delivered any\nspeech or address in public, that same person delivering the speech or address\nwill be the first owner of the Copyright. In case if the speech or address is\ndelivered on behalf of some other person, such other person will be the first\nowner of Copyright. The same situation is also in the case if any person who\ndelivers the speech, is employed by any other person, who arranges such speech\nor address or on whose behalf or premises the speech or address is delivered\nwill be the first owner of the Copyright. In the case of Nicols vs. Pitman {[1884]\n26 Ch D 374}, the students were held not permitted to publish the notes of\nlectures which they attended. <\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Government\nwork<\/h3>\n\n\n\n<p>Under<strong><em>\nSection 17 (d) of the Copyright Act, 1957<\/em><\/strong>,\nin the case of any government work, in the absence\nof any prior agreement to the contrary, the government will be the first owner\nof the Copyright.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Work\nmade on behalf of a public undertaking<\/h3>\n\n\n\n<p><strong><em>As<\/em><\/strong>\n<strong><em>per Section 17 (dd) of the Copyright Act, 1957<\/em><\/strong>, in the case where\nany work is made or first published by or as per the control or direction of\nany public undertaking, in the absence of any agreement to the contrary, such a\npublic undertaking will be the first owner of Copyright. <\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Works\nof certain international organizations<\/h3>\n\n\n\n<p>As per <strong><em>Section\n17 (dd) and Section 41 of the Copyright Act, 1957<\/em><\/strong>, in the case where\nany work of international organization is made, the international organizations\nconcerned, will be the first owner of the Copyright.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_are_the_limitations_on_the_rights_of_Ownership_and_Authorship_of_Copyright_in_India\"><\/span>What\nare the limitations on the rights of Ownership and Authorship of Copyright in\nIndia?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p><strong><em>The\nlimitations on the rights of Ownership and Authorship of Copyright in India are\nas follows:<\/em><\/strong><\/p>\n\n\n\n<ul><li>The rights of ownership\nin the Copyright can be transferred by license or assignment to any other\nperson.<\/li><li>The assignment of\nCopyright can be complete or partial and can be general or subject to certain\nlimitations. <\/li><li>After Copyright\nAssignment, the assignee becomes the owner of the Copyright, and all the rights\nexcept the moral rights become the exclusive rights of the assignee.<\/li><li>An Individual can make\nsingle copies of the works protected by Copyright for private, personal, and\nnon-commercial purposes, which also includes the use for the purpose of\nresearch.<\/li><li>For backup purposes, copies\nof a computer program can also be made.<\/li><li>The author of a work can\ngive up all or any of the rights comprising the Copyright of the work by giving\na notice in the form as prescribed to the Registrar of Copyrights.<\/li><\/ul>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The concept of Ownership and Authorship of Copyright in India is distinct. Each concept of Ownership and Authorship of Copyright in India attracts its own peculiar rights. There are cases where the Ownership and Authorship of Copyright is to the same person, i.e., the owner of a Copyright is also the author of Copyright. In other cases, the author may be different from the owner of Copyright. The first owner of a Copyright of a work is the author. There is a limitation to the right of an author where the author of a work is under a contract of service with an express agreement that reserved the ownership rights on the employer. Hence, the concepts of Ownership and Authorship of Copyright in India are not the same and should be thoroughly explored before going for Copyright protection of a work. The process of Copyright Registration is complex and time-consuming. We at <a href=\"https:\/\/corpbiz.io\/\"><strong>Corpbiz<\/strong><\/a> have experts to assist you with the process of <a href=\"https:\/\/corpbiz.io\/copyright-registration\"><strong>Copyright Registration in India<\/strong><\/a>. Our experts will help and guide you throughout the Copyright Registration process. Our experts will ensure the effective and timely completion of your work.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/online-copyright-registration-procedure-india\/\">Copyright Registration in India \u2013 Process, Requirements and Duration<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The owner of Copyright has no domination in the subject matter of the creation. Other people have the liberty to make or produce the same result from the &#8216;common source,&#8217; provided that they do so independently, and the work is &#8216;original.&#8217; Another person can originate from another work in the same general form, provided he\/she [&hellip;]<\/p>\n","protected":false},"author":16,"featured_media":8166,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[190,322],"tags":[553],"acf":{"service_id":"21"},"authorName":"Sakshi Sharda","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2020\/02\/sakshi-sharda.jpg","authorDescription":"Sakshi Sharda has done BBALLB(HONS) and holds a strong knowledge on the matters pertaining to finance and law. From the past one year she is working as a legal advisor and in her leisure time she works on improvising her knowledge. Sakshi is spreading her knowledge by writing for Corpbiz.","postViews":65616,"readingTime":8,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/8162"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/16"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=8162"}],"version-history":[{"count":13,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/8162\/revisions"}],"predecessor-version":[{"id":24655,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/8162\/revisions\/24655"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/8166"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=8162"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=8162"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=8162"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}