expressed.

subsists
originator iadea anfor also in the upon [Link] employment
inowner anotherofAn 1
form author a the Since the Statutory
author
the
isstory, originator
whether the creatorwork theinstance In
absence of
not or there
nature th e music the
of
copyright play which person may Ownership
Copyright of
playwright
inthe of is case copyright
provisions-sections by
or of a th e come
of another create
ideas idea by
atbrilliant
hegives of
no of any for
picture copyright employment. th ework under a Author
and
but has
means of agreement valuable
in work
the orconcrete work. CHAPTER
no
third is person. the
in person of anand Thus idea made this on
273 category, work.
consideration 33
theright aartist
if is in category. In his
tangible book, if notideas to
is Authors the own 2(d)
to who the he form a th e the
communicates
thproduction person the
e play
to even th e
contrary,
owner
first behalf
and
product, has owner In
the ownership the who case
form clothed or has idea they if or or 17
picture, of of second the in at
infor a write
the the author the the
basedbrilliantunless the are
which that copyright person
copyright and the copyrightoriginal,depends category,books course instance
idea on idea is
it the that idea he
in to is at or of the
is
274 AUTHOR AND OWNERSHIP OF

Where a person provides the

mat
abook and the latter (ghost writer)
erialCOtoPYRIGHT Shorthandwriter

employeeinthe
275

of the materials supplied then the writes theanother newspaper

Owner of thecopyright in the book latter personbook on cinematographfilm
C h .3 3 made bya
proprieto,ttheemployer

becomestheba madeinthe
2 Who is the author courseofemployment. newspaper
As to who is the author of a work o r Where
a
the employeris snotacopyrightin the workappointment.
work. In the case of literary, ordepends
dramatic
work is the person who creates the work uponthethe
work
h
first
owner ofthe contract of
serviceor
under agreementtothe
a contrary.
the
work is the composer. In respect of an The
The aut
photograph) the author is the: artist. artistic worh kor nature oth
will
bethe
COurse
ofemployment

i sof
course
subject to any Government
Department
a work
employer is a the copyrightin the contrary.
made

In fa (otohiearm `ica ha a
is the person takes
who the author This the owner of agreement toemployees of
cinematograph film the author is the
photogr aph. Where the first
Governmentis [Link] of
any
made by international
time ofcompletion. The author ofaasound
In the case of anyliterary, dramatic,
is computer-generated, the person
created is the author.
pro ducer the case
of the
recordingisthe
musiwhocal causes
or
phoi
artisthetic work
ga s
public
employeeinapplicable to works works of
rule is
yameundertakings.
organisations,the
case of
In the concerned is the
organisation
first owner
of

employed to do a
is
3 Nationality requirement for ownershin
thecopyright.
principleishisthatifa personproductof his
labour,
servicesthe
Where the work is first publishedin The general paid for
theeccontrary, belong totheemployer.
India there is no work and
agreement to
[Link] time
requirement for subsistence of the jobof any an
copyright. If the to
subject done by
ina work employment belongs to
published outside India the author
the time of publication (ifalive at thatmust be ora citizen
of death. date) if dead: of nHaoiotnkaisllnittdyia Thecopyright
and not in the course of his
betweena contractof serviceand contract
relationship is
distinctionis made of contract of servicethe for services,
In the case of unpublished work the
of India or domiciled in India at the author
time of must be a
Copyright in an architectural work will. makinghe
ateh dime the
A
[Link] the
of
case

rhatrelationship is that of
whereas in a
an
contractor for a
contract
for enmployer-employee; independent contractor
specified
and the
work.

nationalityt onlyif wok.

subsis engages the
is located in Indiairespective of the person who
o
In respect of literary, dramaticcor
musical
of the : the w 5 Commissionedworks
instance of another
person
work author. work at the person writing a
work" if the author is a citizen offIndia or if it is
in India, or where the work is unpublished
of India.
4 Author anemployee
it sarniS"panucdbiizisaehNNed
first
the author
An author may create a
for valuable
report on a
instance of
consideration.
subject
for a film company,
another
for a
Examples are: a composing
company, a composer a photo at the
or a photographer
person,
taking
or a painter drawing
a song

a portrait at the
consideration. In
person, all for valuable
In the case ofliterary, dramatic and artistic work request of another
of any agreement is
the
to the contrary, the
where such cases, in the absence
is made by an employee in the course of
proprietor of a newspaper, magazine or emplperioymentoditchale under
similar
a contract of service or apprenticeship the said
bywottkhe person at whose instance
copyright.
thework is made the owner of

is partly sub-contracted,
the
prpubloiprcatieitoon,0n
absence of any agreementito the contrary, will be
of the copyright in the work in relation to the first owner
work in the newspaper or magazine or periodical of he.
the Where the commissioned work
person who commissionedperson
to pay for the work is
the who commissioned
ultimately
the ultimate article and is the work
belongs to him.
reproduction for the said purpose. In all other: and the copyright in the work
respectssthe
will be the first owner of the copyright. The same authox
to photographssttaken, painting or portrait drawn or rule applies
6 Shorthand writer
If a shorthand writer takes
down some matter word for
word

onengraving dictated by a person, the person who

author and copyright owner of the work.
matter the
dictated the is
 277
276
AUTHOR AND
OWNERSHIP OF Soundrecording
copies ofthe
7 Employee teacher
If an
teaches,employee teacher writes a
heisthe author
COPYRIGHT [Link]
cannot
not use
make
the
ofmaking
or
design
planextensions

work text
He may
because he is employedofthe book on Ch.
33 whomthe study. purpose
to teach
andis entitledt oihe subec
f o r private
buildingevenaforthe
write he
8 not to
client
for
Examinatlon questlon
Copyright in examinationpapers
except
che existing lithographs,
text bo plan
c o
that
g
building.
includess etchings,photograph.
contract to the
author and not contrary, is vested in
in the Board
whom the question papers are [Link]
question papers,
he in he coyigh he ofthe
13 Engraving
artistic
workand
similar
other copyright is
being
works;notsame as those
the
for

Examinaptiaopnerset er absewhonce for

an.
is and
Engravingprints of
ownership
9 Collective works or WOodcuts, above.
is of.

authoriy rights discussed work

Collective works author ofthe
includeor work
is the. photographis
encyclopaedia,
The
newspaper, magazine artistic photograph the
instance of any
nit. Where
by differentgeneraliy a
14 Photograph
parts of works
owner of the
person who hascopyright in a authors
collected, collective dictionary,
arework in which year
incorporatedwhole
edited and Work as tha The book
the
whotakes copyrightin
owneroffthe employment
person
of
The t h e courseconsideration
andis the
in valuable manner as
in
or at
the
the
the
ownership
case of
copyright is
ofartistic work
10 Musical work
The first owner of the organised he is firs he taken for
person
determinedin the
same craftsmanship
of the work. Where,
ofemployment under
copyright in
namusi
however, the
a work iscal work is he
work. discussedabove.
architecture andI
work of
the
artistic
artist, as the
exception
be, is
case may the
where
first owner of [Link] of
The personservice, composed Work of architect or the commissioned for
work is not the owner of ft
the who the
empl oyer
in
thceomposer 15
these
casesthecopyrightsubject towork is
the the
or where casethe rule is
the same
as for
copyriitiis commis ions wil bceothurese
ght In owner ofemployee
the work for purpose for
afilm
the
producer commissions
which buthe gets a a the an
authoris Considerationin which
gets the right to
rights connected withthe musiccommi
incorporatesamusical work for
the [Link] mutosicaluse
in hiss iofilm
swiheotnher
valuable
otherartisticWorks.
cinematographfilm is
the

remuneration,he
Cinematograph
filmn
copyright in the work in [Link]
all other composer, and copyright ina cinematograph
incorporatedina shall affect
11 Artistic work
The artist who created thework is
respects. however, retains the all 16
producer.
and owner of
TheauthorButin case of any work (b) and (c) of s. 17
contained in cds. work referred to in cl.
(a) of sub
in the work. Where the work the Kork, nothingthe author in
the
employment the employer will be the
is ficreated
rstowner
of thee rhe right ofs. 13.
the employer is the owner of
in the
owner ofit
newspaper the coursecopyrigh If of
sec. (1) of
17 Sound recording
is the
producer and he is
also

[Link]
is restrictedto the use ofthe work for or recording
or magazine. In the case of magazine The author ofthea sound
copyright therein. recording
and a sound making
consideration the person who commissioned
commissioned fornewspaper the owner of
Theproducerof a
cinematograph film responsibilityfor
rules are workvalwiuabll ebe
the initiativeand
the owner of the copyright. All these takes the
who
absence of any agreement to the is the person
12 Plan
contrary. applicable in the the work.

In the absence of any agreement to the

a plan of a building or structure remains contrary
with the
the copyright in
architect and