Differentiate between the concept of "authorship" and "ownership" in a copyright work under the Copyright Act.

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2020
Differentiate between the concept of "authorship" and "ownership" in a copyright work under the Copyright Act.

Answer & Explanation:

According to Section 17 of the Copyright Act, 1957, the author of a work shall be the first owner of the copyright therein. Author is the person who creates the original work. In the absence of any agreement, generally author becomes the owner of the copyright work. Therefore all economic right as well as moral rights vest in him from the moment he creates the copyright work. However, in certain circumstances, the ownership issue depends on other factors. Such circumstances are covered under the copyright Act are as follow:- 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. 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 therein. In the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work. In the case of a work made in the course of the author's employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein. 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 therein.

Topics: Copyright Act, 1957

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