Distinction between author and owner of copyright under Indian law, highlighting legal rights and exceptions under Section 17 of the Copyright Act, 1957.
DIFFERENCE BETWEEN AUTHORSHIP AND OWNERSHIP IN COPYRIGHT LAW
Introduction
Generally, people believe that a copyright of a work is owned by the author of that work. People often consider that the terms ‘authorship’ as well as ‘ownership’ of a copyright are the same. However, it is not so and there are significant differences between the terms authorship and ownership.
Who is an Author ?
An author is a person who actually creates a work by himself or on the instructions of any other person. Since the work is created due to the efforts put in by the author, he will be granted the copyright in order to recognise his efforts. The general rule under the law is that the author of the copyrighted work will also be the owner of the copyright.
The term ‘author’ is defined under Section 2(d) of the Copyright Act, 1957. It provides that term author refers to the following:
- In case of literary or dramatic works, the author of the work will be considered as the author.
- In the case of musical works, the musician will be the author.
- In the case of an artwork, the artist will be the author.
- In case of a photograph, the person taking the photograph will be the author.
- In case of a film or a sound recording, the producer will be the author.
- In case of any computer generated work, the person who causes the work to be created will be the author.
Who is an Owner ?
Though the general rule is that the author is the actual owner of a copyright, there are certain exceptions. In certain conditions, the owner and the author of a copyright will be two different people.
Section 17 of the Copyright Act, 1957 provides for these exceptions:
| Clause | Category of work | First Owner of Copyright |
| Section 17(a) | Literary, artistic or dramatic work created during the course of employment newspaper, magazine or periodical under a contract of service or apprenticeship. | The proprietor of the newspaper/magazine will be the first owner of the copyright only for the purposes of publication in the newspaper/magazine, and reproduction for such publication. |
| Section 17(b) |
|
The person who caused such work to be created is the owner. |
| Section 17(c) | Work created by a person during the course of his employment under a contract of service or apprenticeship | The employer will be the owner. |
| Section 17(cc) | Person delivering speech or lecture on behalf of another | The person on whose behalf the speech is delivered will be the owner. |
| Section 17(d) | Work created on being tendered by any government | The government which released the tender will be the owner. |
| Section 17(dd) | Work created on the directions of a public undertaking | The public undertaking will be the owner. |
Why is This Important ?
It is important for everyone to understand the difference between an author and owner of a copyright as the author is a person who is the actual creator of the work whereas the owner is a person who has the legal right to use, reproduce or license the work. Understanding this distinction will help to legally exploit the work and also to enforce the rights under law.
Conclusion
Therefore, it is not necessary that in every case, the author of a work will only be the owner of a copyright. It is therefore necessary to carefully analyse each situation in order to determine the author and the owner of the work accordingly. Clear knowledge of these roles ensures fair recognition, legal compliance, and proper exercise of rights in the creative and commercial sectors
Source : COPYRIGHT ACT
WRITTEN BY: SHIVANI
EDITED BY: NANCY SHARMA
