Ownership and Authorship of Copyright in India

In India, copyright laws are governed and conferred by Copyright Act, 1957 which according to its provisions Relates an individual to the authorship of a certain work as the creator or author, writer, artist, composer, or filmmaker. The copyright has economic as well as moral rights, moral rights such as the right of attribution and integrity of work and economic rights that include the right to reproduce and distribute the work. However, if a work is done for an employer or commissioned by one, the employer or commissioning party is usually regarded as the original owner unless a contract permits otherwise. When one or two several persons contribute in the making of a work with the intention that their works will not be separately distinguishable from each other, it is said to be a work of joint authorship. It also clearly differentiates between individual author works from a collective work where a series of individual authors’ works with identifying compilations managed by a compiler or producer, grant copyright for the entire compilation to the compiler or producer but allow the authors to retain rights over their individual works. Indian copyright law is compliant with those of the various international treaties or the Berne Convention in which India is a member, thus giving protection within the borders of its own state. It is essential to note that moral rights are enforceable rights in India as these law protect the authors reputation and attend to the work irrespective that the economic rights are assigned to another person.

Ownership of Copyright

Copyright ownership is different from owning a physical copy of a work; having a physical book, painting, or recording doesn't automatically give you the right to reproduce, distribute, or exploit it. Copyright protects the specific way an idea is expressed, rather than the idea itself, ensuring that only the creator or rightful owner has control over its use. In India, the Copyright Act of 1957 is the main legal framework that governs copyright ownership, outlining the rights of creators and other involved parties. For commissioned works, different ownership rules may apply; while the creator is usually the first owner, ownership can transfer to the commissioning party based on the agreement's terms. These principles work together to ensure that the rights related to intellectual creations are clearly defined and protected.

Authorship of copyright

Authorship in copyright refers to the individual who creates the tangible expression of a work whether by writing, composing, compiling, or drawing regardless of who initially conceived the idea. The key principle is that the originator of an idea does not automatically become the copyright owner unless they are also the creator of the work. Under the Copyright Act, 1957, Section 13(2) specifies requirements for copyright eligibility.

• For published works: the work must either be published in India or, if published abroad, the author must have been an Indian citizen at the time of publication (or death).
• For unpublished works: copyright applies based on the author’s citizenship or domicile during the substantial creation of the work, except for architectural works.
• For Architectural works: to qualify, must be located within India. This framework underscores that authorship is tied to the act of creation, ensuring that rights are granted based on tangible contributions rather than mere ideas.

Authorship for Different Work Types:

• Literary/Dramatic Works: The author
• Musical Works: The composer
• Artistic Works (non-photographs): The artist
• Photographs: The photographer
• Cinematographic Films: The producer
• Sound Recordings: The producer
• Computer-Generated Works: The person who causes the work to be created

Exceptions to the rule of Ownership and Authorship of Copyright in India

• Works Created Under Employment (Works for Hire): When an employee creates a work during their employment (excluding journalistic works), the employer typically holds the copyright unless a contract states otherwise. For journalists, while the employer retains ownership for publication in newspapers, magazines, or periodicals, the journalist keeps rights for other uses unless agreed differently.
• Commissioned Works: In cases where someone commissions a specific work, like a portrait or photograph, the person who commissioned it usually owns the copyright unless the agreement indicates otherwise. This includes works such as paintings, photographs, or recordings.
• Government Works: For works created or published under government direction or control, the government is generally the first copyright owner unless stated otherwise.
• Public Sector Undertakings: Copyright lies with the PSU when a work has been created under the direction of public sector undertaking organization or state corporation, unless there is a special contract.
• Anonymous and Pseudonymous Works: Where a work is made available to the public under anonymous name or a fictitious name the publisher or producer is taken to be the owner of the copyright until the identity of the author becomes known.
• Educational Works: Copyright of some of the works made for educational institutions may lie with the institution provided under certain conditions agreed with the creator of the work.
• International Works: Works published outside India may not qualify for copyright in India unless the author was an Indian citizen or domiciled in India at the time of creation, as outlined under Section 13(2).
• Collective and Cinematographic Works: In collective works or cinematographic films, the producer or the person organizing the creation of the work is usually the copyright owner, even though multiple authors contribute to the work.
• Transfer or Assignment: Ownership and authorship may be separated through legal agreements. An author may assign or transfer their copyright to another person or entity, relinquishing their ownership rights, but moral rights usually remain with the author.

Transferability of Copyright Rights

• Assignment:

The copyright owner can assign their rights, wholly or partially, to another party.

The assignment must be in writing, specifying the scope, duration, and territorial extent of the transfer, as mandated by the Copyright Act, 1957.

Where the duration is not stated, it will be five years and in case of lacking territorial restriction, the assignment will be within India.

• Licensing:

Copyright owners may permit the use of the work in accordance with certain conditions, with or without the exclusion of all others.

This is sometimes with respect to activities such as reproduction, distribution or public performance of the work.

• Inheritance:

Copyright rights are transferable and can be transferred through an executor on the death of the owner of the copyright.

Limitations of Copyright Rights

• Fair Use/Dealing:

Copyright law allows some portion of the copyrighted work to be used without seeking permission from the owner for purposes like as criticism, review, research, in classrooms and in news reporting.

This makes knowledge and creativity available to all people without compromising the rights of the creators.

• Duration of Copyright:

It is wrong to say copyright is lifetime of the author; it is the lifetime of the author plus sixty years in India. For any corporate or anonymous work, the period is 60 years from its publication.

It explained that after the expiration of the work, it becomes public property and all can use it as they wish.

• Compulsory Licensing:

Under the legally prescribed conditions and, in particular, in cases where public interest is an issue, such as education, literature, or enabling a disabled person to obtain a work in a format that is easier to understand or use, the government can issue compulsory licenses to relevant works.

• Moral Rights:

Economic rights are assignable but moral rights, for example, the right of attribution and the right to integrity of the work belongs to the author even after his sale of the work.

• Exclusions from Copyright:

Copyright does not protect ideas, methods, processes and concepts but protection given to the expression or the idea.

There are also specific exemptions that include: for the purpose of private use, for reproducing a work for use in legal proceedings, and where the work is to be performed in educational establishments.

Conclusion

The Copyright Act of 1957 in India provides a robust and nuanced framework for understanding copyright ownership and authorship. This legal mechanism ensures comprehensive protection of intellectual creations while balancing the rights of creators, employers, and the public interest.