FACTS : Anand, the news reporter on behalf of the print media newspaper WORLDNEWS approach Alexander for his comments on the Indian foreign policy after the surgical strike of Indian force against Pak Sponsored terrorism

In copyright, the Author and owners are two distinct personality. As per Section 17 of the Copyright Act, 1957, the Author becomes the owner of his copyright work. However, this is subject to the provisions of the Act. If the Author creates a work during the course of employment under the contractual obligation of any creative work, then in the absence of any contrary conditions, the employer will be the owner of the work owing to the Contract of employment. However, if the contact of employment is not in between the creator and the owner of the publication, then the copyright work belongs to the author and owner of the work. For instance Section 17 (a) provides that where a work is made by the author in the course of his employment by the proprietor of a newspaper, magazine or a periodical under a contract of service or apprenticeship for the purpose of publication in a newspaper, magazine or periodical, the said proprietor, in the absence of any agreement to the contrary will be the first owner of the copyright in the work in so far as it relates to the publication of the work in any newspaper, magazine or similar periodical or to the publication of the work for the purpose of being so published. Except in such cases, the author will be the first owner of the copyright in the work. In V T Thomas vs. Malayala Manorama Co Ltd , it was held that in the case of termination of the employment, the employee is entitled to the ownership of copyright in the works created subsequently and the former employer has no copyright over the subsequent work so created. It is based on this distinction between employees and the freelancers that the Court in this case, recognized authorship of the content and form of the cartoon series in favour of the freelancer Thomas. There thus exists disparity in the rights over copyright of a freelancer who contributes to a periodical and an employee who creates an original work in course of his employment under a contract of service. In the given case, Alexander has written an article not in the capacity of the employee but as independent of such contractual obligations. Therefore, he remains the author and owner of the copyright work. WORLDNEWS or Reporter Anand cannot be the author or owner of the creative work published.