To answer who is an author under copyright law, an author is the person who creates an original work, like a book, song, or painting, and fixes it in a tangible form, such as writing it down or recording it. The work needs to show some creativity, but it doesn’t have to be highly innovative. For example, a novel or a photograph can be copyrighted, but titles or short phrases usually can’t. Usually, the author owns the copyright, but there are exceptions. If the work is made as part of a job (called a "work made for hire"), the employer is considered the author and owns the copyright. Authors can also transfer ownership, like selling rights to a publisher. For joint works, like a song written by two people, both are co-authors and share ownership. For derivative works, like a movie based on a book, the new creator can copyright only the original parts they added, not the original book.
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What Defines an Author Under Copyright Law?
An author under copyright law is the individual who creates an original work and fixes it in a tangible medium, such as writing a novel, composing a song or painting a picture. The work must exhibit a minimal level of creativity, though it doesn’t need to be groundbreaking. For instance, a photograph or a detailed blog post qualifies, but short phrases, titles, or slogans do not. The question of who is an author under copyright law often hinges on these core requirements which are originality and fixation.
Generally, the person who creates the work is the initial copyright owner. However, exceptions exist. In a "work made for hire," where an employee creates a work as part of their job, the employer is deemed the author and holds the copyright. For example, a graphic designer creating a logo for a company transfers authorship to the employer. Also, authors can transfer their copyright to others such as publishers, through written agreements.
Special Cases in Authorship
The concept of authorship and ownership under copyright law extends to special cases like joint works and derivative works, each with unique legal implications:
Joint Works: When two or more individuals collaborate with the intent to merge their contributions into a single work, they are co-authors. Each co-author shares equal ownership of the copyright. For example, if two musicians write a song together then both are considered authors under copyright law and jointly own the rights. This shared ownership affects how the work is used and licensed.
Derivative Works: A derivative work builds on an existing copyrighted work, like a film adapted from a novel. The creator of the derivative work is an author under copyright law only for the new, original elements they contribute. They must obtain permission to use the original work unless it’s in the public domain. For example, a screenwriter adapting a book can copyright the screenplay’s unique dialogue but not the book’s original plot.
Learn what are the punishments for copyright infringement
Ownership and Transfer of Copyright
Determining who is an author under copyright law also involves understanding ownership dynamics. The creator typically holds the copyright upon fixing the work in a tangible form. However, ownership can shift through:
Works Made for Hire: If a work is created within the scope of employment then the employer is recognized as the author under copyright law. For example, a journalist writing articles for a newspaper transfers authorship to the publication.
Assignment and Transfer: Authors can transfer their copyright to another party such as a publisher or producer, via a written contract. This flexibility allows creators to monetize their work while ensuring legal clarity on who is an author under copyright law.
Duration of Copyright Protection
Understanding who is an author under copyright law is critical when calculating these durations, as they directly impact how long a work remains exclusive. The duration of copyright protection depends on the type of authorship:
Literary, Dramatic, Musical, and Artistic Works: Copyright lasts for the lifetime of the author plus 60 years after their death. If the work has multiple authors, the 60-year period starts after the death of the last surviving author.
Anonymous or Pseudonymous Works: Copyright lasts for 60 years from the year of publication. If the author's identity is disclosed before the expiry, it extends to 60 years after the author's death.
Cinematograph Films, Sound Recordings, Photographs, and Government Works: Copyright lasts for 60 years from the year of publication.
Works of International Organizations: Copyright lasts for 60 years from the year of publication.
These durations apply to works published in India, with the 60-year period starting from the end of the calendar year in which the relevant event (death or publication) occurs. For example, if an author dies in 2025, their work is protected until 2085.
Also, Get to Know About Infringement of Geographical Indication.
Limitations of Copyright Protection
The Copyright in India protects the expression of ideas, not the ideas themselves. For example, a recipe’s specific wording in a cookbook can be copyrighted, but the cooking method cannot. Elements like titles, names, short phrases and common symbols are not copyrightable. This limitation ensures that who is an author under copyright law applies only to tangible, creative expressions, leaving ideas free for public use.
Non-Copyrightable Elements
Element | Example | Copyrightable? |
Titles | "The Great Journey" | No |
Names | "Jane Doe" | No |
Short Phrases | "Dream Big" | No |
Slogans | "Just Keep Going" | No |
Familiar Symbols | Heart symbol | No |
Typographic Ornamentation | Fancy fonts | No |
Ingredient Lists | List of cake ingredients | No |
This table clarifies what falls outside the scope of who is an author under copyright law, ensuring creators focus on protectable content.
Summary
In summary, who is an author under copyright law refers to the individual or entity creating an original work fixed in a tangible medium. From individual creators to employers in works made for hire, authorship determines ownership and protection duration. Special cases like joint and derivative works add complexity, while limitations ensure ideas remain free for public use. By understanding these principles, creators and professionals can confidently navigate the legal landscape of copyright.
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Who is an Author Under Copyright Law: FAQs
Q1. Who is an author under the CDPA 1988?
An author under the CDPA 1988 is the person who creates an original literary, dramatic, musical, or artistic work, or the producer for films and sound recordings, fixed in a tangible form.
Q2. What is the official definition of author?
An author is the human creator of an original work, fixed in a tangible medium, showing minimal creativity, as recognized by copyright law.
Q3. What is the difference between author and copyright holder?
An author creates the work and initially owns the copyright, while a copyright holder may be the author, an employer, or someone who received the rights through transfer.
Q4. What is Section 17 of the Indian Copyright Act?
Section 17 of the Indian Copyright Act, 1957, states that the author of a work is its first owner, unless it’s created under employment or commission, where the employer or commissioner may own the copyright.
