Chapter 4: Ownership of Copyright and Rights of the Owner
Section 17: First owner of copyright
Simple Meaning: This section answers “Who owns the copyright the moment it’s created?”
The General Rule: “Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright…” (see Section 2(d) for who the “author” is).
Provisos (The Exceptions): This rule changes in specific situations:
(a) Employee of Newspaper/Magazine:
The Rule: If an author (e.g., a journalist, a staff photographer) creates a work as an employee of a newspaper or magazine for the purpose of publication in that periodical…
Who Owns It? The Proprietor (owner) of the newspaper is the first owner of the copyright, but only for the purpose of publishing it in their newspapers/magazines.
For ALL OTHER PURPOSES (e.g., publishing the articles as a book, turning it into a movie), the author (journalist) remains the first owner.
(b) Commissioned Work (Photos, Portraits, Films):
The Rule: If a person (the “patron”) pays for a photograph, a painting/portrait, or a film to be made…
Who Owns It? The patron who paid for it is the first owner, not the photographer/artist/producer, unless there is an agreement saying otherwise.
Practical Example: You hire a wedding photographer. You (the person who paid) are the first owner of the copyright in the wedding photos, not the photographer (unless your contract says otherwise).
(c) General “Work for Hire”:
The Rule: If an author creates a work in the course of their employment under a “contract of service” (i.e., you are an employee, not a freelancer)…
Who Owns It? The employer is the first owner of all rights, unless there is an agreement saying otherwise.
Practical Example: A software developer is an employee at Infosys. Any code she writes as part of her job is 100% owned by Infosys. This is different from a “contract for services” (a freelancer), where the freelancer usually remains the owner unless the contract explicitly assigns the copyright.
(cc) Public Speech: The person who delivers the speech is the first owner. If they are delivering it on behalf of someone else (e.g., a CEO’s speech written by a speechwriter), the person on whose behalf it is delivered (the CEO) is the owner.
(d) Government Work: The Government is the first owner.
(dd) Public Undertaking: The Public Undertaking (e.g., a state-owned company like LIC or ONGC) is the first owner.
(e) International Organisation: The International Organisation (e.g., the UN) is the first owner.
Section 18: Assignment of copyright
Simple Meaning: This is how you sell or transfer your copyright to someone else.
Section 18(1): The owner of a copyright (even of a future work) can assign (transfer) it to any person.
This can be whole or partial (e.g., “I assign only the movie rights”).
This can be general or limited (e.g., “I assign the rights only for use in India”).
This can be for the whole term or a part of the term (e.g., “I assign the rights for 10 years”).
Provisos (Added in 2012, Very Important):
Proviso 2 (New Technologies): An assignment does not apply to any “medium or mode” that did not exist or was not in commercial use at the time of the assignment, unless the contract specifically mentions it.
Practical Example: In 1980, you assigned “all rights” to your novel. This does not include “internet streaming rights” (which didn’t exist) unless the contract had a clause like “including all technologies now known or hereafter invented.”
Proviso 3 & 4 (Royalties for Authors – UNWAIVABLE): This is a massive protection for authors of literary/musical works (lyricists/composers).
The Rule: When a lyricist/composer assigns their work to be used in a film or sound recording, they CANNOT assign or waive their “right to receive royalties” for any use other than showing the film in a cinema hall.
Simple Meaning: A composer must be paid royalties every time their song is played on the radio, on Spotify, on TV, etc., even if they signed a “work for hire” or “buyout” agreement with the producer. This right cannot be taken away. Any agreement that says otherwise is “void” (invalid).
Section 18(2): The assignee (buyer) becomes the new “owner” for the rights they bought. The assignor (original owner) remains the “owner” for any rights they didn’t sell.
Section 18(3): If the assignee (buyer) of a future work dies before the work is created, their legal heirs get the rights.
Section 19: Mode of assignment
Simple Meaning: This section provides the rules for a valid assignment.
Section 19(1): An assignment is ONLY valid if it is in writing and signed by the assignor (owner) or their agent. A verbal agreement to sell copyright is worthless.
Section 19(2): Must specify the work, the rights assigned, the duration (how long), and the territorial extent (where in the world).
Section 19(3): Must specify the “royalty and any other consideration payable” (the price).
Section 19(4): Lapse Rule: If the assignee (buyer) does not use the rights within one year, the assignment is “deemed to have lapsed” (it expires and the rights go back to the author), unless the contract says otherwise.
Section 19(5): Default Duration: If the duration is not stated, it is deemed to be five years.
Section 19(6): Default Territory: If the territory is not stated, it is presumed to be India only.
Section 19(8): An assignment is void if it conflicts with rights already given to a Copyright Society.
Section 19(9) & (10): Re-confirms the unwaivable royalty rights from Section 18 for authors/composers.
Section 19A: Disputes with respect to assignment of copyright
Section 19A(1): If an assignee (buyer) fails to exercise the rights (and it’s not the author’s fault), the author can complain to the Appellate Board, which can revoke (cancel) the assignment.
Section 19A(2): In any dispute, the Board can make orders, including revoking an assignment if the terms are “harsh to the assignor” (the author).
Proviso: The Board cannot revoke an assignment within the first 5 years.
Section 20: Transmission of copyright in manuscript by testamentary disposition
Simple Meaning: If an author dies and leaves their original manuscript (e.g., “my handwritten notebook for My Great Novel“) to someone in their Will, that bequest also includes the copyright, unless the Will specifically says otherwise.
Section 21: Right of author to relinquish copyright
Section 21(1): An author can give up (relinquish) their copyright, all or in part, by giving notice to the Registrar of Copyrights or just by “public notice.” The rights then “cease to exist.”
Practical Example: This is how works enter the “public domain” voluntarily (like with a Creative Commons “CC0” licence).
Section 21(3): This relinquishment does not affect any rights that another person already has (e.g., if you already licensed the book to a publisher, you can’t just relinquish the copyright and destroy the publisher’s rights).
