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Owner of a Copyright

  1. In the case of a literary, artistic, dramatic or musical work, the author is the first owner of the work.
  2. For a work created by any employee in the course of employment, the employer is the first owner of the work.
  3. 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;
  4. In the case of cinematographic work, the producer is the first owner of the work.  However, the author of the lyrics, music, artistic and dramatic work which is incorporated in the cinematographic work, the author shall retain their right for other purposes.  In the case of sound recording, the producer is the first owner of the work.
  5. In the case of a work created under a Contract of service the first owner is the person who has instituted the service. Whereas in the case of a work created under a Contract for service, the first owner is the author.
  6. In the case of address or speech delivered in public, the person who has delivered such address or speech is the first owner of the work 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 irrespective of the same being delivered as an employee or when it is arranged by another person.
  7. 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;
  8. 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
  9. In the case of a work of international organization to which Section 41 applies, the international organization concerned shall be the first owner of the copyright therein.

The procedure for registration of copyright is as follows:

  1. Application for registration is to be made on Form XIV (Including Statement of Particulars and Statement of Further Particulars) as prescribed in the first schedule to the Rules ; 
  2. Separate applications should be made for registration of each work; 
  3. Each application should be accompanied by the prescribed official fee; 
  4. The applications should be signed by the applicant. The Power of Attorney signed by the party and accepted by the advocate should also be enclosed, if applicable.
  5. After Applicant files an application and receive diary number, the Applicant has to wait for a mandatory period of 30 days so that no objection is filed in the Copyright office against the claim. In case any objection is filed, the Registrar of Copyrights after giving an opportunity of hearing to both the parties, may decide to register the work or otherwise.
  6. If no objection is filed the application is examined by the examiners. If any discrepancy is found the applicant is given ordinarily 45 days’ time to remove the same. Generally, it take around 2 to 3 months’ time for registration of any work in the normal course.

Copyright in computer programme:

  1. Computer Software or programme can be registered as a ‘literary work’. ‘Source Code’ and “Object Code” have also to be supplied along with the application for registration of copyright for software products.
  2. A Website in entirety is not a subject to copyright protection. However, different elements of the website are protectable as different works. Applicant is required to submit a separate application for each component work/content appearing on a websit

Right of copyright owner: Copyright owners generally have the right to authorize or prohibit any of the following in relation to their works:

  • Copying of the work in any way.
  • Issuing copies of the work to the public.
  • Performing the work in public, or communicating it to the public etc.
  • Broadcasting of the work, audio/video form.
  • Making an adaptation or translation of the work etc.
  •  

Copyright is infringed when any of the above acts are done without authorisation, whether directly or indirectly, or whether substantially (in part) or in whole, unless what is done falls within the scope of exceptions to Copyright infringement. For example, limited use of works may be possible for research and private study, criticism or review, reporting current events, judicial proceedings, teaching in schools and other educational establishments and not-for-profit playing of sound recordings.

For any specific query related to Indian Copyright law and procedure in India, please contact us at ip@avntltech.com

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