OWNERSHIP OF COPYRIGHT
AUTHOR: Shyam Gopal Tiwari
ABSTRACT?
Copyright is one of the significant branches of Intellectual Property Rights (IPR). The Law Related to copyright was first passed in India in 1914, which was mainly adopted from the United Kingdom copyright Act, 1911. During the ten decades, there is modernization and advancement in terms of communication like television, broadcasting, Internet, etc., have made ways and areas in the Indian economy. So, there was the need for new potent law which can protect the interest and rights of the owner and original creators. For this purpose, the Indian Parliament had passed a new law regarding Copyright Which is as per and based on the Berne Convention and Universal copyright declaration in the year 1957.
The Act Was named the copyright Law, 1957. The Said Act went through Amended again in the year 1999 according to the real-time situation in India and around the world.????
KEYWORDS – Copyright Laws, Indian Intellectual property law, Earlier Amendments, ownership, Authorship, Latest Developments.
INTRODUCTION
MEANING OF COPYRIGHT OWNERSHIP/AUTHORSHIP
Copyright in India is sui generis right, which means that it is considered a natural right because all the rights and power are automatically given to the original creator of the original literary (including computer work), dramatic, musical, or artistic works, cinematography, and sound recordings. The registration of above mentioned to get protection under the Copyright Act,1957 is not required.
The Apex court in R.G. Anand case registration of any Artistic or literary work is not required to get the benefits of copyright Act,1957.?
Who is an Author?
The definition of Author is can be generalized in many ways, an author is also known as the first owner of anything which is created or developed by him whether it is artistic work or literary work and whatsoever any type of creation. In essence, The Author of the photograph is the person who takes the photo. The author of the musical work is Composer. In the case of cinematography, the author is the producer of the film at the time of its complication, etc.
According to section 2(d) of the Copyright Act,1957 ‘author’ has been defined as:
Therefore, the first person who created any literary, dramatic, musical, or artistic work (including computer work) is known as the author or first owner.
Who is Owner??
Copyright Act, conveys the idea of ownership different from authorship. As we discussed above, the fundamental rule is that the first owner of the copyright is the author. However, the Copyright Act, 1957 specifies certain exceptions to this general rule. Therefore, it becomes vital to understand the difference between authorship and ownership of copyright. Let’s understand with the help of illustrations.
For Instance, if ‘X’ asks ‘Y’, a composer to compose a piece of music for him for an agreed sum of money, then although Y has created the Music Composition, here, Y shall be the author and X who paid the sum of money as Consideration for the Music shall become the first owner of the copyright arising and resulting out of the Music.?
In other words, the work which made through the course of employment or if any commission is charged for the work in such a situation the person who is the employer or paid the commission as consideration becomes the owner of the rights in that work.?
The statutory provision that resembles such a person as the owner is defined under Section 17 of the Copyright Act.
The proviso is Explained hereunder:
STATUTORY EXCEPTION UNDER SECTION 17 OF THE COPYRIGHT ACT, 1957
Section 17 of the Copyright Act, 1957 is an exception to the fundamental or general rule of the author being the first owner of the copyright. This section Simply elaborates consideration paid by the person for the work to be done shall become the first owner of the copyright. Let’s see this section in more detail.
Section 17 (a) of Copyright Act, 1957: literary, dramatic and artistic works:
Section 17 (a) deals with literary, dramatic, and artistic work. This section states that whoever such type of work is done by the author during the tenure of employment or service to the owner of the newspaper, book, magazines, etc. under the contract or obligation to publish such work under such circumstances the owner of that newspaper or magazine shall become to the owner of the copyright.???
In the Judicial pronouncement of, V.T.Thomas Vs. Malayala Manorama company Ltd., It Was held that once the employment agreement is terminated, the work created by the person after the termination from his work that person shall be the first and real owner of that work for the claim of copyright and the ex-employer have no right to claim copyright for that subsequent work.
Section 17 (b) of Copyright Act, 1957: photograph, painting, engraving, cinematographic film.
Section 17 (b) deals with the hired photographer, painter, engraver, cinematographer. If these professionals are hired by some person for their work 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.
In Chidambare v. Renga, it was held that where a person is under an obligation to do something, and in the discharge of such obligation, he transfers a certain interest, and such transfer is done in favor of valuable consideration than the first owner right is vested upon the person who is paying the valuable consideration.
For Instance, if ‘A’ who is a Photographer has been hired by ‘B’ to click a photograph of his son, then ‘B’ shall be the first owner of the copyright arising and accruing from the photographs created by ‘A’ in return of consideration. However, ‘A’ shall have authorship right over the portrait.
Section 17 (c), Copyright Act, 1957: work made during the course of employment
Section 17 (c) states that, if aby work is made by a person in the term of his employment under a contract of service or traineeship, then the employer will always be the first owner of all the work created during such employment unless there’s an agreement in contrary between the parties.
In Beloff v. Pressdram, it was held that the true test is whether on the one hand the employee is employed is part of business and his work is an integral part of the business, or whether his work is not integrated into the business but is only accessory to it or the work done by him in business on his account. In the former case, it is a contract of service and in the latter a service contract.
For Instance, If Mr. X is a software designer in ABC company, then all the software Design created by Mr. X is Under the Copyright of The Company and the Company is the sole or first owner of that Design.
Section 17 (cc), Copyright Act, 1957: lectures delivered in public on behalf of another
Section 17(cc) deals that, if any person is delivering a speech on behalf of another then, the person on behalf of whom the lecture is delivered is the first owner of such copyright. However, if there is no representation of anyone else then, he becomes the author and first owner of such copyright.
For instance, if ‘X’ the spokesperson of ‘Z’ a political leader gives a speech in public, then albeit ‘X’ is delivering the speech in public, ‘Z’ shall be the first owner of the copyright of such speech
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Section 17 (d) of Copyright Act, 1957: work assigned by Government
Section 17(d) states that, if any copyrightable work is created on being tendered by the government, then the copyright arising and accruing from such work vest the right of copyright on the government. In other words, the government shall be the first owner of that subsequent copyright unless there’s an agreement to the contrary between the party.
For instance, if ‘Z’ a sculptor, has been Under tender to create a sculpture of Sardar Patel to be affixed on the road by the State Government of Gujarat then, the State government of Gujarat shall own first ownership of copyright arising from such sculpture.
Section 17 (dd) and Section 41 of Copyright Act, 1957: copyrightable works created for the certain international organization
Section 17 (dd) states that, if any copyrightable work is assigned to any person by the international organization then the international organization shall be the first owner of the copyrightable work, and the power to use the copyright protection is vested upon that international organization.?
RIGHTS OF THE COPYRIGHT OWNER
The copyright protection is provided by the Copyright Act,1957 in India. These protections are enjoyed by the copyright owner in two following ways:
Moreover, the Rights of the copyright owner is classified in detail hereunder:
The copyright owner of existing work or the prospective owner of the copyright in a future work have the right to assign copyright to anyone either wholly or partially and generally subject to limitation and either for the whole term of the copyright or any part of the term. However, in case of future assignment of copyright will take effect only when the work comes into existence. Thus, Copyrights in future work cannot be assigned effectively, unless it comes into existence.
In the Judgment of Srimagal & co. Vs. Books (India) Pvt. Ltd., the court held that “no particular form of assignment of under Section 19 is required it will suffice if the assignment can be culled out in writing from some documents.
By giving notice to the registrar of copyrights the author has the right to relinquish all or any of the rights of the work. The effect of such notice is that from the date of the notice, all his rights cease to exist for that work. However, the copyright owner can only relinquish those rights which he can, on his own, without affecting the rights of other persons like assignees.
It is a general rule given in the Copyright Act,1957 that the only author of the work has the right to reproduce his work or authorize others to reproduce his work. No one other than the author can reproduce his work without his prior permission.
In the case of, Star India (P) Ltd. v. Leo Burnett India (P) Ltd., the court briefly discussed where can the works of writing be copied in cinematography. Tide came out with the logo ‘Kyon Ki Bahu Bhi Kabhi Saas Banegi’ which broke out a controversy because it is as same as the title of a show ‘Kyon Ki Saas Bhi Kabhi Bahu Thi’. The court held that it was against the law.
The term ‘broadcast’ is communication to the public by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds, or visual images; or by wire and includes a re-broadcast.
The author has additional rights to preserve and protect his moral rights. The author can protect his intellectual property under copyright law.
The Owner of the copyright of any existing work may grant or allow his interest in the right by license in writing duly signed by him. Even the owner of any future copyrighted work can also allow or grant the license in respect of such work, provided that the license will take effect only after the accomplishment of that future work.
Apart from the above, the copyright Act,1957 also provides some other kinds of rights to the author of the work like performer’s right, right to sue for infringement of copyright, right to resale original copies, right to distribute copies of work or commercial rental, right of public performance and Sui Generis Rights, etc.?
RECENT DEVELOPMENT IN COPYRIGHT LAW
Globally, Piracy of work is one of the major problems that has been seen in recent days after the boom in internet usage, there are numerous items on the internet that have a varying degree of copyright protection such as photos, graphics, e-books, videos, news, articles, games, etc. The decentralization of the internet is one of the major reasons to make it possible for the users to disseminate a work endlessly from cyberspace through endless numbers of ways, which results in difficult to understand whether the work is a duplicate or copy of a protected work, which gave rise to global piracy.
But to tackle this problem cyberspace has gone through changes like Downloading and uploading document which is of copyrighted nature is restricted many sites or companies restricted the download of their content to protect their copyright interest. For example- Downloading YouTube content and using it for personal benefit results in copyright infringement and the author of the same can claim damages from the infringers. Another way to tackle this issue is to watermark the available work on the internet by the owner.
In the case of, UTV Software Communication Ltd. Vs 1337X.To and Ors., the Delhi High Court opined that the digital infringement of copyright is no different than the infringement in the real world and there is no explanation as to why crime in the real world is not a crime in the digital world especially when the Copyright Act does not make any such distinction.
In the recent case of Disney Enterprises Inc. and Ors. Vs Kim cartoon. to & Ors., the court restrained the Defendants from hosting, streaming, reproducing, distributing, making available to the public and/or communicating to the public, or facilitating the same on their websites through the internet in any manner whatsoever, any cinematograph work, content, program or show in which the Plaintiffs owned copyrights.\to ensure that the original content of the plaintiffs was protected.?
The Information Technology Act, 2000 is another legislation that deals with digital copyright infringements. The Act under Section 66 provides for imprisonment up to 3 years and a fine of up to 2 Lakh Rupees for the offense of illegal distribution of copyrighted work online.
Another Development is “John Doe”. The Indian courts have decided to reduce the cases of digital piracy in India through the “John Doe’ order. John Doe order is an order in which courts need very less information about the accused and his identity is unknown at the time of filing of the petition. The Indian courts are empowered under Order 39, Rule 1 and 2 of the Code of Civil Procedure, 1908 to issue an injunction to order ‘john doe’. All the above-mentioned laws and orders are recent development to tackle any type of threats toward the copyrighted content and to protect the interests of authors in India.
RESEARCH METHODOLOGY
This research entails a thorough examination of the provisions related to ownership listed in various sections of the Copyright Act,1957 as well as the case laws related to ownership of copyright that relates inversely to and reflects the norms of today's developments in copyright. This study has been designed and interpreted keeping in mind the norms and values of the present-day society in correspondence to the codification of the copyright Act which went through various amendments. This study aims at providing insightful knowledge to its reader's ownership or authorship of copyrighted work as well as also gives standard knowledge about the ownership and authorship rights and recent developments.
CONCLUSION
Ownership of copyright is one of the key ingredients to protect the right of authors or first owner. The creation of any work by himself automatically creates the right for the owner to enjoy all the rights provided under Copyright Act,1957. Due to modernization and the advancement of technology, it is the need of the hour to keep updating copyright laws because every day infringement of the right of the author takes place in the digital world. Hence, development in copyright laws from time to time is the only way to solve this problem.?