The Copyright Act, 1957, in India governs the protection of original creative works, defining the concepts of authorship and ownership distinctly. Authorship refers to the individual or group who creates a work, such as a book, music, or film, recognized as the original creator. Ownership, however, pertains to the entity holding legal rights to exploit the work, which may differ from the author due to contracts, employment, or assignments. Understanding authorship and ownership in Copyright Law and the differences is crucial for creators and businesses to navigate rights, royalties, and legal protections effectively under the Act.
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Legal Framework and Definitions of Authorship and Ownership
The Copyright Act, 1957, as amended, protects rights of authors and creators of literary, musical, dramatic, artistic works, cinematograph films, and sound recordings, focusing on the expression rather than the idea itself. This protection is crucial in an era where modern communication means, such as broadcasting and digital media, have expanded the scope of copyright.
Authorship in Copyright Law
It is defined under Section 2(d), as the act of creating the work. The Act specifies:
For literary or dramatic works, the author is the person who writes or composes the work.
For musical works, it is the composer, emphasizing the creative musical arrangement.
Artistic works attribute authorship to the artist, such as painters or sculptors.
Photographs credit the photographer, recognizing the technical and artistic skill involved.
Cinematographic films and sound recordings attribute authorship to the producer, reflecting their role in production and financing.
Computer-generated works, a modern addition, credit the person who causes the work to be created, acknowledging technological advancements.
A critical aspect is the nationality requirement for unpublished works under Section 13(2), where the author must be a citizen of India or domiciled there at the time of creation which ensures a national interest in protecting local creativity.
Ownership in Copyright Law
Ownership is governed by Section 17, generally vested initially with the author as the first owner. However, the Act provides several exceptions where ownership shifts, reflecting contractual and employment relationships:
Under Section 17(c), for works made during employment under a contract of service or apprenticeship, the employer is the first owner unless there is a contrary agreement. This is common in corporate settings where employees create works as part of their job, such as software code or marketing materials.
Section 17(b) addresses commissioned works, such as photographs, paintings, engravings, or cinematographic films, where the person at whose instance the work is made (the commissioner) is the first owner, unless agreed otherwise. For example, if 'A' commissions 'B' to paint a portrait for money, 'A' owns the copyright unless 'B' negotiates otherwise.
Section 17(a) deals with literary, dramatic, or artistic works made for newspapers, magazines, or similar periodicals under a contract, where the proprietor is the first owner for publication purposes, but the author retains other rights unless agreed otherwise. This balances the interests of media organizations and creators.
For works created by or under the direction of the government or public undertakings, Sections 17(d) and 17(dd) state that the government or undertaking is the first owner, unless there is an agreement to the contrary, reflecting public interest in state-funded works.
Section 17(cc) covers lectures delivered on behalf of another, where the person on whose behalf the lecture is given is the first owner which ensures clarity in academic or professional settings.
Joint Authorship and Collaborative Works
The concept of joint authorship is defined under Section 2(z) and is significant for collaborative creations. It applies to works produced by two or more authors where the contribution of one is not distinct from the others, such as co-authored books or collaborative music compositions. This is elucidated in cases like Najma Heptulla v. Orient Longman Ltd. and Ors, highlighting legal interpretations of collaborative contributions.
Learn more about Nature of Copyright
Assignment and Relinquishment of Copyright
Ownership can be transferred through assignment, governed by Section 19, which requires the assignment to be in writing, signed by the assignor or their agent, and specify:
The work involved.
The rights assigned (wholly or partially).
The duration of the assignment.
The territorial extent.
Any royalty payable, if applicable, and provisions for revision, extension, or termination.
If the duration is not specified, it defaults to 5 years from the date of assignment, and if the territory is not specified, it extends within the whole of India. This was confirmed in cases like Pine Labs Private Limited vs Gemalto Terminals India Limited, where copyright reverted after 5 years due to unspecified duration.
Authors also have the option to relinquish all or any rights by giving notice in the prescribed form to the Registrar of Copyrights, as outlined in the handbook, providing flexibility for creators to manage their rights.
Learn what are the punishments for copyright infringement
Difference Between Authorship and Ownership in Copyright Law
Below is a table summarizing the key differences between authorship and ownership in Copyright Law based on the relevant provisions and legal interpretations.
Aspect | Authorship | Ownership |
Definition | The person who creates the original work, as defined under Section 2(d). | The person or entity that holds the copyright, as governed by Section 17. |
Who It Applies To | The creator of the work (e.g., writer, composer, artist, photographer, producer). | Initially the author, but may shift to employers, commissioners, or government. |
Examples | - Literary work: Writer - Music: Composer - Photograph: Photographer - Film: Producer | - Employer for works made during employment (Section 17(c)). - Commissioner for commissioned works (Section 17(b)). - Government for public works (Section 17(d)). |
Legal Basis | Section 2(d) defines author based on the type of work. | Section 17 establishes the first owner, with exceptions for specific scenarios. |
Transferability | Authorship is fixed and cannot be transferred; it remains with the creator. | Ownership can be transferred via written assignment (Section 19) or relinquished. |
Exceptions | No exceptions; the author is always the creator, even for collaborative works. | Ownership may shift: - Employer owns work made during employment (Section 17(c)). - Commissioner owns commissioned works (Section 17(b)). - The government owns public works (Section 17(d)). |
Duration | Authorship is permanent and tied to the creator’s identity. | Ownership lasts for the copyright term (e.g., author’s life + 60 years for literary works) unless assigned or relinquished. |
Rights Involved | No direct rights; authorship establishes the creator’s identity. | Grants exclusive rights (e.g., reproduction, distribution, adaptation) under Section 14. |
Practical Example | A writer authors a novel but works for a publisher. The writer is the author. | The publisher may own the copyright if the novel was created under employment. |
Summary
Authorship and ownership under the Copyright Act, 1957, are intertwined yet distinct, with authorship focusing on creation and ownership on rights holding, subject to exceptions that reflect employment, commission, and public interest. The Act’s provisions ensure a balance between creator rights and practical needs, with mechanisms like assignment and relinquishment offering flexibility. This detailed analysis, supported by legal sections and case law, provides a robust framework for understanding and applying copyright law in India.
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Authorship and Ownership in Copyright Law: FAQs
Q1. What is the copyright disclaimer for educational purposes?
A copyright disclaimer for educational purposes is a statement acknowledging that copyrighted material is used under fair use or specific exemptions for non-commercial educational purposes, often citing compliance with the Copyright Act, 1957, Section 52 in India, to avoid infringement claims.
Q2. What is fair use in education copyright?
Fair use in education, under Section 52(1)(i) of the Copyright Act, 1957, allows limited use of copyrighted material for teaching, research, or private study without permission, provided it’s non-commercial and doesn’t harm the copyright owner’s interests.
Q3. What is the meaning of copyright in education?
Copyright in education refers to legal protection of original works (e.g., books, articles, videos) used in teaching or learning, restricting unauthorized copying or distribution, but allowing limited use under exceptions like fair use (Section 52).
Q4. Is copying permitted for classroom use?
Yes, limited copying is permitted for classroom use under Section 52(1)(i) for non-commercial educational purposes, such as distributing excerpts to students, provided it’s reasonable and doesn’t affect the work’s market value.
Q5. Can I copy an entire book if I'm using it in my classroom?
No, copying an entire book is generally not permitted, even for classroom use, as it exceeds fair use limits under Section 52 and may infringe copyright. Only reasonable portions can be copied for educational purposes.
