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| Home > Indian Bare Acts > THE COPYRIGHT ACT, 1957 > CHAPTER IV OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER |
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| THE COPYRIGHT ACT, 1957 |
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Title : THE COPYRIGHT ACT, 1957
Year : 1957
Act :
CHAPTER IV
OWNERSHIP OF COPYRIGHT AND THE RIGHTS OF THE OWNER
17.First owner of copyright.
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
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1 Subs. by Act 23 of 1983,s.2 (w.e.f. 9.8.1984)
2 Omitted by s.7, ibid. (w.e.f.9.8.1984)
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17.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 authors 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) 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) 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.
18. (1)Assignment of copyright. 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 copy-
right 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.
19.(1)Mode of Assignment. 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) The assignment of the copyright in any work shall, among other things, -indicate clearly the rights proposed to be assigned and the size of the work.
19A.Disputes with respect to assignment of copyright. Where any dispute arises with respect to the assignment Disputes of, or any of the terms of, the assignment of, any copyright, the Copyright Board may, on receipt of a complaint from any of the parties to the dispute and after holding such inquiry as it may deem necessary, pass such orders as it may deem fit, including orders by way of giving permission to the owner of the copyright to revoke its assignment if the terms of the assignment are harsh to him or if the publisher unduly delays the publication of the work or by way of issue of a certificate for the recovery of any royalty due to the
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1 Ins. by Act 23 of 1983,s.8 (w.e.f. 9.8.1984)
2 Re-numbered and ins. by s.9 ibid. (w.e.f. 9.8.1984)
3 Ins. by s.10, ibid. (w.e.f. 9.8.1984)
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18.20.Transmission of copyright in manuscript by testamentary disposition.
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 testators 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.
21.(1)Right of author to relinquish copyright. 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).
Last updated on February, 2008
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