AUTHOR AND OWNERSHIP

Section 2(d) of the Copyright Act, 1957. The section reads as follows:

 In literary or dramatic works, the author of such work shall be the author.
 In musical works, the music composer shall be the author.
 In artistic works, the artist shall be the author.
 For a photograph, the person clicking such photograph shall be the author.
 In cinematographic films, the producer of such a film shall be the author.
 For a sound recording, the producer of such sound recording shall be the author.
 When a literary, dramatic, artistic or musical work is a computer generated then the
person who causes such work to be created is the author.

Owner

Author is the first owner of the copyright however there are certain exception to this general
rule.

Thomas vs Manorama: In this case, it was held that once the employment agreement is
terminated, the work created by a person subsequent to such termination shall be the first and
true owner of copyright arising out of such subsequent works and the former employer shall
possess no copyright on such subsequent copyrightable work.

Section 17: Statutory exceptions to the general rule

17(a): This clause of Section 17 talks about literary, dramatic and artistic works. It says that
whenever such a work is made by an author during the course of his employment or service
to the owner of a newspaper, magazine, book etc under a contract for publishing such work,
then subject to an agreement in contrary, the owner of such newspaper or magazine shall
become the first owner of the copyright.

17(b): This clause talks about the cases when an artist is hired for creating a painting, or when
a photographer is hired for clicking images, or a cinematographer is hired to shoot a
cinematographic film then the person causing such work to be created shall become the first
owner of the copyright. However, this rule shall apply only if there’s no agreement to the
contrary between the parties.
17(c): This clause states that when a work is made by a person in the course of his
employment under a contract of service or traineeship, then the employer shall become the
first owner of all the work created during such employment unless there’s an agreement in
contrary between the parties.

17(cc): If a person is delivering a speech on behalf of another then, the person on behalf of
whom the lecture is given in the public is the first owner of such copyright.

17(d): Suppose if a copyrightable work is created on being tendered by the government, then
such government shall be the first owner of the copyright arising and accruing from such
works unless there’s an agreement to the contrary between the parties.

17(dd): When a copyrightable work is created as per the direction of the public undertaking,
then such public undertaking shall be the first owner of the copyright.

COPYRIGHT AMENDMENT ACT

Commercial Rental

 Introduced the term “Commercial Rental” in 1994.

 The term 'hire' in section 14(b) for computer program was replaced with the term
'commercial rental' by virtue of amendment in the year 2012.
 Section 2(fa): ‘Commercial rental' does not include the rental, lease or lending of a
lawfully acquired copy of a computer programme, sound recording, visual recording
or cinematograph film for nonprofit purposes by a non-profit library or non-profit
educational institution.
 Right to commercial rental is incorporated under sections 14(d)(ii) and 14(e)(ii) for
cinematograph film and sound recording respectively

The right to store: Digital environment

 Applicable to Artistic works, cinematographic films and sound recording

 Section 14 (c) dealing with the exclusive rights of the author in artistic works has
been amended to include 'the storing of it in any medium by electronic or other
means.
 The definition of 'cinematograph films' under section 2 (f) has been amended and it
now reads as 'any work of visual recording on any medium’
  Section 14(d) relating to the exclusive rights in respect of cinematograph film, has
been amended to include storing of a copy of the film in any medium by electronic or
other means.
 Section 14(e) relating to the exclusive rights in respect of sound recording, has been
amended to include storing of it in any medium by electronic or other means.

Extension of Copyright duration for photographs

 After the new amendments section 22 reads as under:

Term of copyright in published literary, dramatic, musical and artistic works: Except as
otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical
or artistic work published within the lifetime of the author until sixty years from the
beginning of the calendar year next following the year in which the author dies.

First owner

 Section 17 provides for first owner of copyright. A combined reading of sections

17(b) and 17(c) clarifies that in case of commissioned cinematograph work, the
commissioning party and in case of employer-employee relationship, the employer are
considered to be the first owners of the work.
 The rights of the authors of literary, musical, dramatic and artistic works will continue
to be considered as the first owners of the said works even after the incorporation of
such work in a cinematographic films.

Assignment

 Section 18 (1) provides that the owner of a copyright in any work or prospective
owner of a future work may assign the copyright.

Licensing

 2012 Amendment has simplified the procedure by requiring copyright licenses to be

only in writing.
 Section 31: Compulsory licensing has been made applicable to foreign works as well,
with an object of making foreign works capable of being licensed compulsorily in
case it is published elsewhere but withheld in India.
 Section 31C provides for statutory licence to any person desiring to make a cover
version of a sound recording in respect of any literary, dramatic or musical work.The
 licence or consent of the owner is required. Such sound recordings can be made only
after the expiration of 5 years after publication of the original sound recording.

Relinquishment

 Amendments are made in the manner by which the author can relinquish his
copyright. Under section 21, after the amendment, the author of a work can even
relinquish all or any of the rights in the copyright in the work by way of a simple
public notice.
 Prior to the amendment, the author could relinquish his copyright only by giving
notice to the Registrar of Copyrights.

Special provisions for persons with disabilities

 A fair use provision has been added in Section 52 to provide exemption from
copyright for preparation of work in special formats such as Braille. A compulsory
licence has been provided for creation of work in such formats by business entities to
whom the exemption under Section 52 may not apply.
 A new Section 31 B has been introduced to provide compulsory licence in works for
the benefit of the disabled.

Disposal of infringing copies

 Section 66 relates to disposal of infringing copies by a court of law. The existing

provision mandates the courts to deliver the infringing copies to the owner of
copyright.
 A welcome amendment has been made in this section enabling the courts to make
order regarding disposal of such copies.

Copyright Board

 Section 11 relating to the constitution of the Copyright Board has been amended to
make it a body consisting of a Chairman and two members.

Digital Rights Management Information

 A new section 65B has been introduced to provide protection of rights to

management information and expected to help the film, music and publishing
industry in fighting piracy.
  Article 12 of WCT and Article 19 of the WPPT

Protection of technological measures

 Section 65A has been introduced to provide for protection of technological measures
used by a copyright owner to protect his rights on the work.
 Article 11 of WCT and Article 18 of WPPT.

Fair use

 Extended to digital environments

Analysis

 Strengthen the rights of the authors

 Streamline the process of assignment and grant of licences, facilitate better access to
works, and extend fair use provisions, in general and in particular to the Internet.
 Welcome reforms to administration of copyright societies and the Copyright Board
 Role of WCT &WPPT
 Regular checks and balance, violation of rights, Issue of Piracy should be effectively
tackled
 ASSIGNMENT AND LICENSING

BASIS OF COPYRIGHT COPYRIGHT LICENSING

DIFFERENCE ASSIGNMENT

This is a mechanism where the A licence is a permission to

transfer occurs through "the act perform an act that, absent such
of parties." According to permission, would constitute an
Sections 18 and 19 of the infringement. A licence may be
Copyright Act, a copyright may granted by the copyright holder in
be assigned so long as the order to provide an interest in the

MEANING specified procedures are copyright. The licensee may be

observed. restricted to one or more copyright
interests, or the whole copyright.

On the basis of the Paris Act of

the Beme Convention, the
Copyright Act of 1957 has
mandatory licencing requirements.

The assignment may be of a The Act allows for the issuance of

current work or a prospective permits to make or publish
work, of its entirety or a portion translations of literary or dramatic
CONSTITUENT
thereof, with or without works in any language, so long as
S
restrictions. seven years have passed from the
date of the original publication
(Section 32).

RIGHT The creator of a work may The issuing of compulsory

assign some of his copyright licences is governed under Section
rights so long as the assignment 31 of the Copyright Act of 1957.
is in writing and officially
In the case of any unpublished
 signed. However, the Act does work or any work published or
not specify a "form" for this communicated to the public and
assignment deed, however it withheld from the public in India
states that it must contain the because the author is dead,
required information on the unknown, or cannot be traced, or
identity of the work, the rights the owner of the copyright in such
to be assigned, the length and work cannot be located, any
territorial scope of the person may apply to the Copyright
assignment, and the amount of Board for a licence to publish or
the royalty. communicate to the public such
work or a translation thereof in
any language.

If the copyright holder has refused

to enable a work, such as one
included in a sound recording, to
be disseminated to the public via
broadcast on terms that the
complainant thinks acceptable, a
complaint may also be filed. The
owner of a copyright is permitted
to provide a licence and any
interest in his right. It might be
done in writing and signed by the
owner of the copyright or the
owner's authorised representative.

DURATION In reality, however, if the In accordance with Section 32A of

duration of assignment is not the Act, a licence may be granted
specified in the deed, it is to reproduce and publish works
assumed to be "five" years, and for certain purposes after the
if its territorial range is not relevant period from the date of
specified, it is assumed to be the first publication of an edition
"the whole of India." of a literary, scientific, or artistic
work has expired, if copies of the
 work are not available in India or
are not for sale in India for a
period of six months to the general
public, or on any other relevant
ground.

An author of a work is Sections 31 and 31A of the

conferred with special rights Copyright Act provide for the
under Section 57 of the issuance of compulsory licences
Copyright Act, in case of its for works that have been withheld
assignment of copyright to from the public in response to a
another. Such rights include the complaint filed with the Copyright
right to claim the authorship of Board. Similarly, if an Indian
his work, right to restrain or work has not been published and
claim damages in respect of any its creator is deceased, unknown,
distortion, mutilation, or untraceable, the Copyright
SPECIAL modification or other act in Board may grant a licence to a
RIGHTS relation to the said work, done qualified applicant to publish the
before the expiration of work, subject to specific
copyright term, if such requirements.
distortion, mutilation,
modification or other act will be
prejudicial to his honor or Sections 31C and 31D also specify
reputation. the statutory licence for cover
versions and the statutory licence
for radio transmission of literary
and musical works and sound
recordings.

PRECEDENTS “Hospital for Sick “Super Cassettes Industries Ltd v

Children v. Walt Disney Music Broadcast Pvt Ltd”- While
Productions Inc”., deliberating on granting
compulsory licence on the
It was determined that a licence
protected work in the public
granting Walt Disney the single
interest, it was determined that the
and exclusive rights to make
 Peter Pan in "cinematograph core of section 31 is that the
and motion picture pictures" owner of a copyright has: (1)
was sufficiently broad to Either refused to "republish" or
include the new technology of "allow the republication" of his
"talkie" films. work or "refused to allow the
public performance in public" of
the work; (2) By reason of such
“Raj Video Vision v. K. refusal, the work is withheld from
Mohanakrishnan” — In this the public; and the public interest
case, the court determined that requires that the work be made
the assignor transferred to the available.
assignee, as of the date of
(3) The reasons for such a
assignment, all rights related to
rejection are unjustifiable.
the subject matter of the
Copyright Board is permitted by
assignment.
law to award a compulsory licence
under the aforementioned
conditions if it determines that the
grounds for denial are
unreasonable.

In “Muskett v Hill” it was viewed

that “a dispensation or license
properly passes no interest, but
only makes an action lawful
which, without it would have been
unlawful.”.

The terms "assignment" and "licence" are not synonymous. A licence is distinct from an
assignment. In the absence of a contrary agreement, the assignee generally becomes the
owner of the assigned work, whereas the licensee receives just the right to exercise specific
rights.

An assignment may be universal, that is, without restrictions, or it may be subject to

restrictions. It may be for the duration of the copyright or for a portion thereof. In accordance
with section 14 of the Act, an assignment transmits an interest in and deals with the copyright
itself, whereas a licence does not convey the copyright but rather authorises conduct that
would be illegal without a licence. An assignment transmits ownership of the copyright,
whereas a licence just authorises the licensee to do specific actions. The assignee receiving
ownership of the copyright may reassign it.