CHAPTER IV Ownership of Copyright and the Rights of the Owner

17/01/2011 17:33

 CHAPTER IV

Ownership of Copyright and the Rights of the Owner

17. First owner of copyright.-Subject to the provisions of this Act, the author of a work shall be the

first owner of the copyright therein

Provided that-

(a) 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;

(b) subject to the provisions of clause (a), 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;

(c) in the case of a work made in the course of the author s employment under a contract of service

or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the

absence of any agreement to the contrary, be the first owner of the copyright therein;

[(cc)

52

 in the case of 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;]

(d) 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;

[(dd)

53

 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.

Explanation.- For the purposes of this clause and section 28A, "public undertaking" means-

(i) an undertaking owned or controlled by Government; or

(ii) a Government company as defined in section 617 of the Companies Act, 1956; or

(iii) a body corporate established by or under any Central, Provincial or State Act;]

(e) in the case of a work to which the provisions of section 41 apply, the international organisation

concerned shall be the first owner of the copyright therein.

18. Assignment of copyright. -(1) The owner of the copyright in an existing work or the prospective

owner of the copyright in a future work may assign to any person the copyright either wholly or

partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof:

Provided that in the case of the assignment of copyright in any future work, the assignment shall take

effect only when the work comes into existence.

(2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the

assignee as respects the rights so assigned, and the assignor as respects the rights not assigned,

shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act

shall have effect accordingly.

(3) In this section, the expression "assignee" as respects the assignment of the copyright in any

future work includes the legal representatives of the assignee, if the assignee dies before the work

comes into existence.

19.Mode of assignment.- [(1)]

54

 No assignment of the copyright in any work shall be valid unless it

is in writing signed by the assignor or by his duly authorised agent.

(2)

 55

The assignment of copyright in any work shall identify such work, and shall specify the rights

assigned and the duration and territorial extent of such assignment.

(3)

56

 The assignment of copyright in any work shall also specify the amount of royalty payable, if any,

to the author or his legal heirs during the currency of the assignment and the assignment shall be

subject to revision, extension or termination on terms mutually agreed upon by the parties.

(4)

57

 Where the assignee does not exercise the rights assigned to him under any of the other subsections of this section within a period of one year from the date of assignment, the assignment in

respect of such rights shall be deemed to have lapsed after the expiry of the said period unless

otherwise specified in the assignment.

(5)

58

 If the period of assignment is not stated, it shall be deemed to be five years from the date of

assignment.

(6)

59

 If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend

within India.

(7)

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 Nothing in sub-section (2) or sub-section (3) or sub-section (4) or sub-section (5) or sub-section

(6) shall be applicable to assignments made before the coming into force of the Copyright

(Amendment) Act, 1994.

19A

61

Disputes with respect to assignment of copyright.-(1) If an assignee fails to make sufficient

exercise of the rights assigned to him, and such failure is not attributable to any act or omission of the

assignor, then, the Copyright Board may, on receipt of a complaint from the assignor and after

holding such inquiry as it may deem necessary, revoke such assignment.

(2) If any dispute arises with respect to the assignment of any copyright the Copyright Board may, on

receipt of a complaint from the aggrieved party and after holding such inquiry as it considers

necessary, pass such order as it may deem fit including an order for the recovery of any royalty

payable:

Provided that the Copyright Board shall not pass any order under this sub-section to revoke the

assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the

assignor is also the author :

Provided further that no order of revocation of assignment under this sub-section, be made within a

period of five years from the date of such assignment.

20. Transmission of copyright in manuscript by testamentary disposition.-Where under a

bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless the

contrary intention is indicated in the testator's will or any codicil thereto, be construed as including the

copyright in the work in so far as the testator was the owner of the copyright immediately before his

death.

Explanation.- In this section, the expression "manuscript" means the original document embodying

the work, whether written by hand or not.

21. Right of author to relinquish copyright.-(1) The author of a work may relinquish all or any of

the rights comprised in the copyright in the work by giving notice in the prescribed form to the

Registrar of Copyrights and thereupon such rights shall, subject to the provisions of sub-section (3),

cease to exist from the date of the notice.

(2) On receipt of a notice under sub-section (1), the Registrar of Copyrights shall cause it to be

published in the Official Gazette and in such other manner as he may deem fit.

(3) The relinquishment of all or any of the rights comprised in the copyright in a work shall not affect

any rights subsisting in favour of any person on the date of the notice referred to in sub-section (1).

52. Ins. by s. 8, ibid. (w.e.f. 9-8-1984)

53. Ins. by Act 23 of 1983, s. 8 (w.e.f. 9-8-1984)

54. S. 19 re-numbered as sub-section (1) thereof by s. 9, ibid., (W.G.f. 9-8-1984)

55. (Subs. by Act 38 of 1994, s. 19.)

56. (Subs. by Act 38 of 1994, s. 19)

57. (Subs. by Act 38 of 1994, s. 19)

58. (Subs. by Act 38 of 1994, s. 19.)

59. (Subs. by Act 38 of 1994, s, 19.)

60. (Subs. by Act 38 of 1994, s. 19.)

61. Subs. by Act 38 of 1994, s. 19INDIAN COPYRIGHT ACT, 1957 

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