Statute of Anne & Concept of Works for Hire

Statute of Anne

Before the 18th century, there was no legal recognition of the rights of authors in England. The printing industry was controlled by the Stationers' Company, a guild of printers, booksellers, and publishers in London founded in 1403 and received a royal charter in 1557. The Stationers’ company, situated at Stationers' Hall, near St Paul's Cathedral had the exclusive monopoly rights to print and import books in England, and it regulated the book trade by registering and licensing books.

?The Stationers' Company registered the titles of books in their records and enforced their exclusive right to print and sell them. The authors of the books did not have any say or control over their works, and they received little or no compensation for their creations. The Stationers' Company claimed that their system was necessary to prevent piracy, censorship, and heresy, and to promote learning and culture.

The Statute of Anne also known as the Copyright Act 1710, was passed by the Parliament of Great Britain as a response to the public demand for more access and diversity of books, and to the complaints of authors and publishers against the monopoly and abuses of the Stationers' Company. The Statute of Anne declared that the authors of books and their assigns had the sole right to print and publish their works for a limited term of 14 years, renewable for another 14 years if the author was still alive. Named after Anne, Queen of Great Britain, this was the first copyright statute in the Kingdom of Great Britain, and the first full-fledged copyright statute in the world. It was enacted in the regnal year 1709 to 1710 and entered into force on April 10, 1710.?

The Statute of Anne was a landmark legislation that influenced the development of similar laws in other countries, such as the United States, France, Germany, and Japan and further established the modern concept of copyright law. The Statute of Anne is still relevant today, as it provides the historical and legal foundation for the current challenges and opportunities of the digital age, such as the emergence of new forms of expression, the accessibility and availability of information, and the protection and sharing of intellectual property.

Concept of Works for Hire

The idea of "works for hire" began in England with the Statute of Anne in 1710, which first legally acknowledged the rights of authors. However, this law did not clearly define who an author was, leaving it up to the courts to decide in each case. The courts based their decisions on the common law principle of master and servant, determining that the author was the person who had control over the creation of the work, rather than the person who actually created it. This rule applied to various forms of work like books, paintings, engravings, maps, charts, musical compositions, and architectural designs. Exceptions were made when the work was done by an independent contractor or by an employee using their own time and resources without their employer's tools.

Works for hire are a special category where the authorship and ownership of the work go to the person who commissioned or hired the creator, not the creator themselves. This concept is rooted in the common law doctrine of master and servant, which held that employers had the right to control and benefit from the work done by their employees.

In India, the concept of works for hire was introduced by the Indian Copyright Act of 1957, which was largely based on the British Copyright Act of 1911. Section 17 of the Indian Act specifies the types of works that can be considered as works for hire and the conditions under which the authorship and ownership of the work would belong to the person who commissioned or employed the creator.

Section 17 of the Act lays down the general rule that the author of a work is the first owner of the copyright in it. However, there are several exceptions to this rule, depending on the nature and circumstances of the work.

Some of the most common exceptions are:

If a work is made in the course of employment, the employer is the first owner, unless there is a contract to the contrary.

If a work is commissioned, the person who commissioned it is the first owner, unless there is a contract to the contrary.

If a work is made by or under the direction of a government, public undertaking, or international organization, the respective entity is the first owner.

If a photograph, painting, portrait, engraving, or cinematograph film is made for valuable consideration, the person who paid for it is the first owner, unless there is a contract to the contrary.

If a work is incorporated in a newspaper, magazine, or similar periodical, the publisher is the first owner, unless there is a contract to the contrary.

Works Made for Hire

One of the key exceptions pertains to works made for hire. When a work is created under a contract of employment or as part of an employee's duties, the employer typically becomes the first owner of the copyright. This provision recognizes the investment and resources that employers contribute to the creation of works and balances the interests of both parties.

Conclusion

Section 17 of the Indian Copyright Act is a complex and nuanced provision that determines the ownership of copyright in various situations. With the advent of digital technologies, the landscape of copyright protection is constantly evolving. Balancing the interests of authors, employers, and commissioning parties can sometimes be complex. The concept of works for hire has significant implications for the rights and interests of the creators and the commissioners or employers of the works, and has been the subject of much debate and controversy in the legal and academic circles.

Section 17 needs to be interpreted and applied in a manner that keeps pace with these changes, ensuring that authors' rights are protected in the digital age and therefore clear and fair contractual agreements are essential to avoid disputes and ensure that all parties' rights and interests are respected.