This part enumerates works in which copyright subsists and
works in which it does not subsist. Further it gives the meaning of copyright.
Also the term and ownership of copyright are discussed.
15.2.1 Works in which copyright subsists (s.13). Copyright subsists throughout India in the following classes of work: (a) original, literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recordings. The terms ‘literary works; ‘dramatic work’ and ‘musical work’ have already been defined in part – 1.
However, copyright shall not subsist in any work specified above (other than foreign works or works of certain international organizations) unless – (i) in the case of a published work, the work is first published in India on the date of publication, and if dead on that date, on the date of his death; (ii) in the case of an unpublished work (other than a work of architecture), the author is at the date of making of the work, a citizen of India or domiciled in India, and (iii) in the case of a work of architecture, the work is located in India.
Further copyright shall not subsist (a) in any cinematograph film if a substantial part of the film is an infringement of the copyright of any other work; (b) in any sound recording made in respect of a literary, dramatic or musical work, if in making the record, copyright in such work has been infringed.
The copyright in a cinematograph film or a sound recording shall not affect the separate copyright in any work in respect of which or substantial part of which, the film, or as the case may be, the sound recording is made.
15.2.1 Works in which copyright subsists (s.13). Copyright subsists throughout India in the following classes of work: (a) original, literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) sound recordings. The terms ‘literary works; ‘dramatic work’ and ‘musical work’ have already been defined in part – 1.
However, copyright shall not subsist in any work specified above (other than foreign works or works of certain international organizations) unless – (i) in the case of a published work, the work is first published in India on the date of publication, and if dead on that date, on the date of his death; (ii) in the case of an unpublished work (other than a work of architecture), the author is at the date of making of the work, a citizen of India or domiciled in India, and (iii) in the case of a work of architecture, the work is located in India.
Further copyright shall not subsist (a) in any cinematograph film if a substantial part of the film is an infringement of the copyright of any other work; (b) in any sound recording made in respect of a literary, dramatic or musical work, if in making the record, copyright in such work has been infringed.
The copyright in a cinematograph film or a sound recording shall not affect the separate copyright in any work in respect of which or substantial part of which, the film, or as the case may be, the sound recording is made.
In the case of work of architecture, copyright shall subsist
only in the artistic character and design and shall not extend to processes or
methods of construction.
15.2.2 Meaning of copyright (S.14). The term ‘copyright’ means
the exclusive right, by virtue of, and subject to the provision of the Act:
(a) in the case of literary, dramatic or musical work, not being a computer programme – (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in (i) to(vi);
(a) in the case of literary, dramatic or musical work, not being a computer programme – (i) to reproduce the work in any material form including the storing of it in any medium by electronic means; (ii) to issue copies of the work to the public not being copies already in circulation; (iii) to perform the work in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in (i) to(vi);
(b) in the case of
computer programme – (i) to do any of the acts specified in clause (a) above;
(ii) to sell or give on hire, or offer for sale or hire any copy of the computer programme, regardless of whether
such copy has been sold or give on hire on earlier occasions;
(c) in the case of
an artistic work – (i) to reproduce the work in any material form including
depiction in three dimensions a two – dimensional work or in two Dimensions of a three – dimensional work; (ii)
to communicate the work to the public; (iii) to issue copies of the work to the public not being copies
already in circulation; (iv) to include the work in any cinematograph film; (v)
to make any adaptation of the work; (vi) to do in relation to an adaptation of
the work any of the acts specified in relation to the work in (i) to (iv)
above;
(d) in the case of a cinematograph film – (i) to make a copy of the film, including a photograph of any image forming part thereof; (ii) to sell or give on hire; or offer for sale or hire, any copy or the film, regardless of whether such copy has been sold or given on hire on earlier occasions; (iii) to communicate the film to the public.
(e) In the case of a sound recording – (i) to make any other sound recording embodying it; (ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of whether such copy has been sold or given on hire on earlier occasions; (iii) to communicate the sound recording to the public.
15.2.3 Copyright in designs (s.15). Copyright shall not subsist in any design which is registered under the Design Act, 1911. Further, where a design is capable of being registered under the Design Act but has not been actually registered, copyright shall cease as soon as any article to which that design has been applied is reproduced more than 50 times by an industrial process by the owner of the copyright, or his licensee.
(d) in the case of a cinematograph film – (i) to make a copy of the film, including a photograph of any image forming part thereof; (ii) to sell or give on hire; or offer for sale or hire, any copy or the film, regardless of whether such copy has been sold or given on hire on earlier occasions; (iii) to communicate the film to the public.
(e) In the case of a sound recording – (i) to make any other sound recording embodying it; (ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording regardless of whether such copy has been sold or given on hire on earlier occasions; (iii) to communicate the sound recording to the public.
15.2.3 Copyright in designs (s.15). Copyright shall not subsist in any design which is registered under the Design Act, 1911. Further, where a design is capable of being registered under the Design Act but has not been actually registered, copyright shall cease as soon as any article to which that design has been applied is reproduced more than 50 times by an industrial process by the owner of the copyright, or his licensee.
15.2.4 No copyright
except as provided in the Act (s. 16). No person shall be entitled to
copyright in any work, otherwise than under and in accordance with the
provisions of this Act.
15.2-5 Ownership of
copyright (s. 17). The author of the work is recognised to be the first
owner of the copyright therein. This is however, subject to some exceptions given
below:
1. In the case of a literary, dramatic or artistic work made by the author in the course of his cmployment or apprenticeship under the proprietor of a newspaper, magazine or similar periodical, for the purpose of publication, the said proprietor shall be the first owner of the copyright in the work (in the absence of any agreement to the contrary) insofar as the copyright relates to the publication in the newspaper, magazine or other periodical. Except in such cases, the author will be the first owner of the copyright in the work.
2. If the photograph is taken or a painting or portrait is drawn or an engraving or cinematograph film is made on payment at the instance of any person, such person, in the absence of any agreement to the contrary, shall be the first owner of the copyright therein.
1. In the case of a literary, dramatic or artistic work made by the author in the course of his cmployment or apprenticeship under the proprietor of a newspaper, magazine or similar periodical, for the purpose of publication, the said proprietor shall be the first owner of the copyright in the work (in the absence of any agreement to the contrary) insofar as the copyright relates to the publication in the newspaper, magazine or other periodical. Except in such cases, the author will be the first owner of the copyright in the work.
2. If the photograph is taken or a painting or portrait is drawn or an engraving or cinematograph film is made on payment at the instance of any person, such person, in the absence of any agreement to the contrary, shall be the first owner of the copyright therein.
3. If a
work is made in the course of the author’s employment under a contract of
service or apprenticeship, the employer (not being the proprietor of a
newspaper, magazine or periodical) in the absence of any agreement to contrary,
the employer shall be the first owner of the copyright therein.
4. If any person has
delivered any address or speech in public then he shall be the first owner of
the copyright. However, if the address or speech is delivered on behalf of any
other person, then such other person shall be the owner of the copyright
therein
5. In the case of
government work, the government is the owner of the copyright in the absence of
any agreement to the contrary.
6. 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.
7. If a work is
considered to be a work of a certain international organization under s. 41,
then the international organisation shall be the first owner of the copyright
therein.
15.2.6 Assignment of
copyright. section 18 provides that the owner of the copyright in an
existing work, or the prospective owner of copyright in a future work, may assign
to any person the copyright, either wholly or partially, and either generally or
subject to limitation and either for the whole term of the copyright or any
part thereof. However, in the case of the future work, the assignment shall
take effect only when the work comes into existence.
Section 19 describes the mode of assignment. The assignment
of copyright in any work shall be valid only when it is in writing, signed by
the assignor or by his only authorised agent. Further, the assignment shall
specify the rights assigned, its duration and territorial extent, and the
amount of royalty payable. If the period of assignment is not stated, then it
shall be deemed to be 5 years from the date of assignment. In case territorial
extent of assignment of the rights is not specified, then it shall be presumed
to extend within India.
Section 19A makes provisions as regards disputes relating to
assignment. Any dispute arising with respect to assignment of copyright or any
term of the assignment, shall be decided by the Copyright Board.
section20 provides for the transmission of copyright in
manuscript by testamentary disposition. The owner of a copyright in any
literary, dramatic or musical work or any artistic work, which is not published
during his life time, may transmit the copyright in that work, by making a
bequest in favour of any person in his will.
Section 21 provides for the right of an author to relinquish
copyright in his work by giving notice to the Registrar of copyrights.
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