In copyright registration, the copyright holder has no control on the subject matter of the creation. Others are free to create or produce the same outcome from the ‘common source,’ as long as they do it independently and so the work is called ‘original.’ Also, another person can originate from another work in similar basic shape, provided he/she does so from his/her own resources and makes the work originated by him/her as his/her own by his/her labour and industry.
In this blog, we shall understand what authorship and ownership of copyright in India means and its various dimensions in India.
Understanding Authorship and Ownership of Copyright in India
The basic essentials of Authorship and Ownership of Copyright in India have been stated below for better understanding:
Ownership of Copyright
Ownership of copyright differs from ownership of physical materials in which a work is fixed. The ownership of a book, for instance, does not necessarily entail ownership of the copyright associated with it. In the general context, the author is initially the copyright holder. However, exceptions to this rule exist within Copyright Laws, highlighting the need to differentiate between Ownership and Authorship of Copyright. To clarify, if a painting, photograph, or portrait is created under the direction of someone else in exchange for compensation, that individual becomes the primary copyright owner.
Acquiring Ownership of Copyright under Copyright Act, 1957
The right to ownership is attainable under the Copyright Act, 1957, based on the Act’s provisions. Other legal avenues in India do not offer remedies for countering copyright ownership violations. Section 17 of the Copyright Act, 1957, outlines that the initial copyright owner is typically the work’s author. The Act’s definition of an author further elucidates the distinction between Ownership and Authorship of Copyright, providing definitions for various types of works.
Authorship of Copyright
An author is a person who crafts, constructs, produces, or illustrates a piece, even if the initial idea for the work came from another source. The concept of authorship underscores that the person who conceives an idea doesn’t inherently hold the copyright unless they are also the one who physically generates the work.
Essential Requirements for Authorship under Section 13(2) of Copyright Act, 1957
Some of the essential Requirements under the S. 13(2) of Copyright Act, 1957 are as follows:
Published Work
For works released in India, or if published internationally, the requirement is that the author must have Indian citizenship either during the time of publication or be deceased.
Unpublished Work
Section 7 of the Copyright Act, 1957, establishes that if the work’s creation spanned a significant period, the author is considered a citizen or resident of the country where they were a citizen or resident for a substantial part of that period. Architectural works are excluded from this provision.
Architectural Work
Copyright protection for architectural works in India is contingent on the work being physically located within the country.
Determining Authorship in Various Work Types
The Copyright Act, 1957, defines the author based on the work type:
- For literary or dramatic works, the author is the creator.
- For musical works, the composer holds authorship.
- For artistic works (except photographs), the artist is the author.
- For photographs, the photographer is the author.
- For cinematographic films, the producer is the author.
- For sound recordings, the producer is the author.
- For computer-generated works of literature, drama, music, or art, the individual commissioning the work is the author.
Statutory Exceptions to Authorship and Ownership of Copyright in India
Section 17 of the Act gives the statutory exceptions to authorship and ownership of copyright in India which are as follows:
1. Literary, Dramatic, and Artistic Work
In situations where an author produces literary works or similar while employed by the proprietor of a newspaper, or similar periodical under a service contract or apprenticeship, and with the intention of publishing the work in that particular publication, the employer assumes the role of the initial copyright holder. This applies only to the work’s publication in the mentioned periodical and reproductions directly associated with that purpose. In other scenarios, the author remains the first owner of the copyright and is therefore an exception to authorship and ownership of copyright in India.
2. Photographs, Paintings, etc.
Another exception to authorship and ownership of copyright in India is when works like paintings, portraits, etc. are created for consideration at the request of an individual, then that person who commissioned the work holds the first copyright ownership, unless a contrary agreement exists. This principle applies to commissioned works that are not part of employment or service under a magazine, newspaper, or similar periodical.
3. Works Made in the Course of Employment
Another exception to authorship and ownership of the copyright in India is under Section 17(c) of the Copyright Act, 1957, if a work is produced by an author during their employment under a contract of service or traineeship, the employer or proprietor, except for periodicals, becomes the first copyright owner, unless an agreement states otherwise.
4. Publicly Delivered Lectures
As per Section 17(cc) of the Copyright Act, 1957, the individual who delivers a public speech or address holds the initial copyright. If the speech is on behalf of another individual or organisation, the sponsor becomes the first copyright owner, including situations where the speech is delivered on premises arranged by them.
5. Government Work
Under Section 17(d) of the Copyright Act, 1957, for works created by the government, the government itself assumes the first copyright ownership, unless an agreement dictates otherwise.
6. Works Made on Behalf of a Public Undertaking
Section 17(dd) of the Copyright Act, 1957 provides yet another exception to authorship and ownership of the copyright in India as it specifies that works made or published under the control of a public undertaking result in that public undertaking holding the initial copyright, unless otherwise agreed upon.
7. Works of Certain International Organisations
Section 17(dd) and Section 41 of the Copyright Act, 1957, dictate that works created by international organisations are owned by the respective organisations.
Restrictions on the Right of Authorship and Ownership of Copyright in India
The rights associated with the authorship and ownership of copyright are subject to certain limitations, which include:
1. Transfer of Rights:
- Ownership rights in copyright can be transferred through licences or assignments to other individuals.
- Copyright assignment can be partial or complete, general or with specific limitations.
2. Personal and Non-Commercial Use:
People have the freedom to produce individual copies of copyrighted materials for their personal and non-commercial use. This allowance extends to activities such as research.
3. Backup Copies:
Individuals are allowed to create backup copies of computer programs to ensure data integrity and continuity.
4. Waiver of Rights:
Authors possess the choice to give up any or all of the rights embedded in their work’s copyright. This can be accomplished by sending a prescribed notice to the Registrar of Copyrights.
Final Thoughts
In the realm of IPR, understanding authorship and ownership of copyright in India is important. The Copyright Act, 1957, defines these aspects and their exceptions. The Act balances creators’ rights with societal needs. The statute also acknowledges limitations, permitting transfer of rights, personal use, and waivers. These provisions safeguard creators’ interests while fostering innovation and collaboration.
As the business landscape evolves, grasping these intricacies is essential for creators, users, and the broader public, ensuring a harmonious coexistence of artistic expression and societal benefit.
For more information on authorship and ownership of copyright in India, connect with our experts at StartupFino.
