Ownership of Copyright

Copyright is a legal right that grants creators exclusive rights over their literary, artistic, musical, and dramatic works. The Indian Copyright Act, 1957, governs copyright laws in India, providing a structured framework for the ownership, transfer, and protection of copyright. Understanding the ownership of copyright is crucial in determining who holds the rights over a particular work and who can commercially exploit it.

Meaning and Scope of Copyright

Under Section 14 of the Indian Copyright Act, 1957, copyright means the exclusive right to do or authorize others to do certain acts concerning a work. These include reproduction, publication, adaptation, translation, and public performance, among others. The Act covers different categories of works, including literary, musical, artistic, dramatic, cinematographic films, and sound recordings.

General Rule of Copyright Ownership

Section 17: First Owner of Copyright

As per Section 17 of the Copyright Act, 1957, the author of a work is considered the first owner of the copyright unless otherwise provided by contract or statute. However, there are specific exceptions where ownership vests in another entity.

Exceptions to the General Rule of Ownership

While the general rule states that the author is the first owner, certain circumstances alter this default ownership:

1. Works Created under Employment (Works Made for Hire)

Employer-Employee Relationship: If a work is created by an employee during the course of employment, and there is no agreement stating otherwise, the employer becomes the first owner of the copyright [Section 17 (c)].

Commissioned Work: If a person is commissioned to create a work, the copyright generally remains with the creator unless agreed otherwise in writing.

2. Government Work

Under Section 17 (d), if a work is created under the direction of the government, the copyright vests with the government rather than the individual author.

This includes reports, official documents, and government publications.

3. Works Created under a Contract of Service

In the case of works created under an agreement between an independent contractor and an employer, copyright ownership depends on the terms specified in the agreement.

4. Works by Journalists and Freelancers

According to Section 17 (dd), a journalist who writes an article for a newspaper or magazine retains copyright unless it is explicitly assigned to the employer.

5. First Ownership of Copyright in Paid Creative Works

If a photograph, painting, portrait, engraving, or cinematograph film is created for valuable consideration at someone's request, that person will be the first owner of the copyright unless agreed otherwise.

6. Copyright in Artistic Works Created for Publications

If an artist creates artwork for a publisher, ownership is determined by the contract between them. If there is no contract, the artist retains ownership.

Joint Authorship and Ownership

Under Section 2(z), a "work of joint authorship" means a work produced by two or more authors where the contributions of each author are inseparable. Copyright in joint works is co-owned, and each owner has rights subject to mutual agreement.

Assignment and Licensing of Copyright

1. Assignment of Copyright (Section 18)

Copyright owners can transfer their rights through an assignment agreement. As per Section 19, an assignment must be in writing and specify:

• The work assigned
• Rights being transferred
• Duration of the assignment
• Territorial extent
• Consideration payable to the author

2. Licensing of Copyright (Section 30-32B)

Copyright owners can grant licenses, either exclusive or non-exclusive, allowing others to use the work while retaining ownership.

Statutory Licenses: Certain provisions allow statutory licensing, such as for broadcasting organizations (Section 31D).

Moral Rights of the Author

Apart from economic rights, the author has moral rights under Section 57, which include:

• Right of Paternity: The right to claim authorship.
• Right of Integrity: The right to object to any distortion or modification of the work that harms the author's reputation.

Copyright Ownership in the Digital Era

With technological advancements, copyright ownership in digital content has become significant. Key considerations include:

1. Software Copyright: Software developers own the copyright unless assigned otherwise.
2. Social Media and User-Generated Content: The creator generally owns copyright, but platform terms can impact ownership and licensing.
3. AI-Generated Content: The issue of ownership in AI-generated works remains unresolved under Indian law.

Judicial Interpretations and Landmark Cases

1. Eastern Book Company v. D.B. Modak (2008)

In this case, the Supreme Court of India addressed the issue of copyright protection in legal publications. The case involved the reproduction of judgments from the Supreme Court, wherein Eastern Book Company (EBC) claimed copyright over its edited and formatted versions.

The Court held that while judicial decisions themselves are in the public domain and not subject to copyright, the unique formatting, headnotes, and editorial enhancements made by EBC constituted original literary work eligible for copyright protection. However, mere selection and arrangement of judgments without sufficient originality did not qualify for such protection.

2. Najma Heptulla v. Orient Longman Ltd. (1989)

In this case, the Delhi High Court examined the copyright ownership of the book India Wins Freedom, attributed to Maulana Abul Kalam Azad but edited and transcribed by Professor Humayun Kabir. The dispute arose when Najma Heptulla, claiming to be a legal heir of Maulana Azad, sought to prevent the publication of the book’s sealed portion, arguing that copyright vested solely in Azad’s legal representatives. The court ruled that both Azad and Kabir were joint authors, given their intellectual collaboration in producing the book.

It held that Kabir had the authority, expressly or through acquiescence, to enter into the 1958 agreement assigning publication rights to Orient Longman. Since royalties had been accepted for decades without objection, the court found Heptulla estopped from challenging the agreement. It vacated the injunction restraining the publication of the sealed portion, emphasizing that Azad’s intent was always to publish the full text after 30 years, thus securing both literary and legal integrity.

3. Indian Performing Rights Society Ltd. v. Eastern India Motion Pictures Association (1977)

The appellant society, incorporated under the Copyright Act, 1957, aimed to issue licenses for public performances of Indian musical works. After publishing a tariff for royalties, film producers' associations objected, leading to a Copyright Board ruling in favour of the appellant. However, the High Court held that a composer creating music for a film does not retain copyright unless explicitly agreed, making the film producer the first owner under Section 17(b).

On appeal, the Supreme Court upheld this view, stating that once a musical work is incorporated into a film, the producer holds exclusive rights, including public performance. However, composers retain the right to perform their work separately unless assigned or relinquished. The Court emphasized balancing the rights of composers and producers in copyright law.

Conclusion

Indian Copyright Act, 1957, ensures a robust framework for determining copyright ownership while balancing the interests of authors, employers, and the public. While the Act provides clear guidelines, evolving digital trends necessitate continuous reforms and judicial interpretations to address emerging copyright challenges. Understanding ownership rules is crucial for creators, employers, and businesses to ensure compliance and fair use of copyrighted works.

References:

[1] The Copyright Act, 1957

[2] Eastern Book Company v. D.B. Modak, (2008) 1 SCC 1

[3] Najma Heptulla v. Orient Longman Ltd., AIR1989 Delhi 63

[4] Indian Performing Rights Society Ltd. v. Eastern India Motion Pictures Association, (1977) AIR 1443