Copyright Act, 1957

Authorship and Ownership

 What ownership means under copyright
• The owner of the copyright means person who possess and enjoys the legal right .
• The definition given to the author in the context of copyright protection depends on the nature of the
work & s.2(d )
1. Original Literary and Dramatic : AUTHOR
2. Musical Work: COMPOSER
3. Original Artistic work: ARTIST
4. Cinematograph film : PRODUCER
5. Sound recording: PRODUCER
6. Computer programmes: PROGRAMMER
 Ownership in Literary, Dramatic and
Musical Works

• In case of literary, Dramatic and musical work

the author is the first owner of the copyright
(section.17).
 Joint Authorship

• “Work of joint authorship” means a work produced by

the collaboration of two or more authors in which the
contribution of one author is not distinct from the
contribution of the other author. (Section: 2(z))
 Donoghue v. Allied Newspapers ltd.

• In this case the entire material was supplied by

Donoghue to Felstead, who was a journalist. The
material was in fact, his experience which he shared
with Felstead for the purpose of writing article for a
newspaper. The court held that Donoghue was not an
author or even a joint author of those articles.
Work made in the course of employment

• There are two situation:

1. Contract of service: Regular employee ( Perform the work on
the instruction of the employer. Degree of control is high.
2. Contract for service: Independent contractor ( perform the
services on his own account). Degree of control is very low.
 Cases
• University of London vs University of Tutorial press:
Examination question papers were set by “A”.
Issues: Whether A is entitled to copyright of that work??
Held: Yes, since A invests labour and skill in preparing the examination
question paper. Such person is a author of question paper and the copyright
would vest in him. This contract for service.
• Market Investigation Ltd. v. Minister of Social
Security
Cooke J. stated that the fundamental test to be applied applied to
be whether the person who performs the services is performing
them in business on his own account. If yes, the contract is one
for services; if not, it is a contract of service
 Commissioned Work
• Commission work is the act of requesting the creation
of piece, often on behalf of another
• Commissioned work is done under contract for service
here the author will be the first owner not his
employees
Case: Gee Pee Films Pvt. v. Pratik Chowdhary
 Ownership of Copyright in Lecture,
Addresses etc. Sec.17(cc)
• Any address or speech delivered in public, the person who has delivered
such address or speech or if such person has delivered such address or
speech on behalf of any other person, such other person shall be the first
owner of the copyright therein notwithstanding that the person who
delivers such address or speech, or, as the case may be, the person on
whose behalf such address or speech is delivered, is employed by any
other person who arranges such address or speech or on whose behalf or
premises such address or speech is delivered
 Ownership in Government Work

• In the case of a Government work, Government

shall, in the absence of any agreement to the
contrary, be the first owner of the copyright
therein.
 Ownership in Artistic work
• The author of the artistic work is taken as first owner of the
copyright work. But in the case of a photograph taken, or a
painting or portrait drawn, or an engraving or a cinematograph
film made, for valuable consideration at the instance of any
person, such person shall, in the absence of any agreement to
the contrary, be the first owner of the copyright
Ownership in the computer programmes

• The programmer will be taken as the first author and if

the case is of employment contract of service and
contract for service is to be seen.
 Ownership in Cinematography Films/
Sound recording
• Producer will be taken as the first owner of the film. Producer is defined
under section 2(uu) the person who take the responsibility to complete the
film.
• Times Warner Entertainment Company, L.P. v RPG Netcom
Why Legislature is defining the word author?
 Ownership in Public Undertaking

• In the case of a work made or first published by or

under the direction or control of any public
undertaking, such public undertaking shall, in the
absence of any agreement to the contrary, be the first
owner of the copyright
Ownership in the work of Int. Organisation

• The international organisation concerned shall be the

first owner of the copyright if the work is published
under the control and direction of that organisation