1.

Copyright: An Overview

Copyright (or "author's right") refers to the exclusive legal rights given to creators over their original literary and
artistic works. These works can range from books, music, and paintings to software, databases, films, and
technical drawings.

2. Global Origins of Copyright Law

Invention of the Printing Press

 The need for copyright law arose with Johannes Gutenberg's invention of the printing press around
1440. It enabled the mechanical duplication of literary works, creating a need to regulate the
reproduction of content.

Development in England

 1483: Gutenberg's invention reached England, and authors began printing their works. The monarch
granted royal licenses, turning England into a hub of book production.
 1529: King Henry VIII introduced a "system of privilege," making the printing business a monopoly
under the crown.
 1557: The Stationer's Company was established through a royal charter to regulate the book trade,
enforce quality, and minimize competition.

Key Legislative Milestones in the UK

1. Licensing Act (1661 & 1662):

o Introduced the concept of licensing books.
o Allowed the Stationer's Company to register licensed books and combat infringement.
o Aimed to regulate piracy but failed to address intellectual piracy comprehensively. Eventually
repealed in 1681.
2. Statute of Anne (1710):
o Widely regarded as the world’s first copyright law.
o Protected authors' rights, not just printers.
o Key Provisions:
 Authors gained exclusive rights to print their works for 14 years, extendable for
another 14 years if the author was alive.
 Enforced penalties for infringement.
 Mandated registration of titles in the Stationer's Company's "Register Book."
3. Copyright Act of 1911:
o Consolidated previous copyright laws in the UK.
o Extended copyright protection to unpublished works.
o Made all forms of arts—literature, painting, music, and photography—eligible for copyright
protection.

3. Evolution of Copyright Law in India

Pre-Independence Era

The Copyright Act of 1847

  Introduced by the British East India Company: The first copyright law in India.
 Provisions:
o Term of copyright: Life of the author plus 7 years or 42 years, whichever was shorter.
o Allowed the government to license publishing after the author's death if the copyright owner
refused.
o Copyright disputes were handled by the highest local civil court.
 Significance: This law was modeled on contemporary British laws.

The Copyright Act of 1914

 Modeled on the British Copyright Act of 1911.

 First modern copyright law in India.
 Features:
o Covered all literary and artistic works.
o Streamlined the dissemination of literature within the British colonial territories.
o Marked the beginning of copyright regulation for a growing publishing industry in India.

Post-Independence Era

Copyright Act of 1957

 Came into effect on January 21, 1958.

 Replaced the 1914 Act.
 Comprehensive legislation, tailored to India's needs post-independence.

Key Features:

1. Modernization of Copyright Law:

o Protection was extended to all forms of original works, including:
 Literary, dramatic, and musical works.
 Artistic creations, films, and sound recordings.
2. Establishment of Institutions:
o Copyright Office: A centralized authority under the Registrar of Copyrights for registration
and record-keeping.
o Copyright Board: A judicial body to resolve disputes, including those involving licensing
and infringement.
3. Term of Copyright:
o For literary, dramatic, and musical works:
 Lifetime of the author plus 60 years.
o For anonymous and posthumously published works:
 60 years from the year of publication.
4. Infringement Remedies:
o Civil and criminal remedies for copyright infringement.
o Statutory licenses for public broadcasting of copyrighted works.

The Berne Convention for the Protection of Literary and Artistic Works (1886) is a landmark international
treaty that sets out standards for copyright protection across member states. It ensures that authors’ works are
protected globally under certain principles, minimum protection standards, and exceptions. Here’s a detailed
explanation:
1. Basic Principles of the Berne Convention

The Convention rests on three fundamental principles:

(a) National Treatment:

 Works originating in one Contracting State must receive the same copyright protection in all other
Contracting States as granted to their own nationals.
 This principle ensures equal treatment for foreign authors and their works.

(b) Automatic Protection:

 Copyright protection is granted without the need for formalities such as registration or other
administrative requirements.
 Authors automatically acquire rights upon the creation of their work.

(c) Independence of Protection:

 Protection in a member state is independent of whether the work is protected in its country of origin.
 However, if a Contracting State provides a longer protection term than the minimum prescribed by the
Convention, it may cease protection when the work is no longer protected in its country of origin.

2. Minimum Standards of Protection

The Convention sets minimum protections in terms of works covered, rights granted, and the duration of
protection.

(a) Works Covered:

 Protection applies to all productions in the literary, scientific, and artistic domain, irrespective of their
mode or form of expression (e.g., books, music, films, paintings, and computer programs).

(b) Rights Granted:

The Convention mandates the recognition of several exclusive rights, including:

1. Translation Rights: Authors control the translation of their works.

2. Adaptation Rights: Authors have the right to create adaptations or arrangements of their works.
3. Performance Rights: The right to publicly perform dramatic, musical, and literary works.
4. Broadcasting Rights: Authors can authorize or receive equitable remuneration for the broadcasting of
their works.
5. Reproduction Rights: Authors control reproductions of their work, with exceptions for special cases
that don’t conflict with the normal exploitation of the work.
6. Audiovisual Use Rights: Authors retain control over the use of their works in audiovisual productions.
7. Moral Rights: Authors have:
o The right to claim authorship.
o The right to object to modifications or derogatory actions that harm their honor or reputation.

(c) Duration of Protection:

The general term of protection is 50 years after the author's death (posthumous protection). However,
exceptions include:
  Anonymous/Pseudonymous Works: Protected for 50 years after lawful public release unless the
author’s identity becomes known.
 Audiovisual Works: Protected for 50 years after public release or creation.
 Photographic and Applied Art Works: Protected for at least 25 years from creation.

3. Limitations and Exceptions

Certain uses of protected works are allowed without the author’s authorization, referred to as "free uses." These
include:

1. Special Reproductions (Article 9(2)):

o Limited reproduction is allowed in cases that do not conflict with normal exploitation or harm
the author’s interests.
2. Quotations (Article 10):
o Works can be quoted for teaching, criticism, or research.
3. Use in Current Events (Article 10bis):
o News articles or works can be reproduced for reporting purposes.
4. Ephemeral Recordings (Article 11bis(3)):
o Temporary recordings for broadcasting are permitted.

4. Special Provisions for Developing Countries

The Appendix to the Paris Act of the Berne Convention allows developing countries to:

 Implement non-voluntary licenses for:

o Translation: For educational use in local languages.
o Reproduction: For educational or research purposes.
 These provisions aim to balance copyright protection with the need for access to educational materials.

5. Administration and Governance

 Berne Union:
o Composed of member states of the Convention.
o Includes an Assembly and an Executive Committee.
o Responsible for adopting the program and budget related to the Berne Convention through the
WIPO Secretariat.
 Revisions and Updates:
o Revised several times to adapt to new challenges (e.g., at Paris, Berlin, Rome, Brussels,
Stockholm, and Paris again).
o Last amended in 1979.

6. Relation to the TRIPS Agreement

Under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS):

 The principles of national treatment, automatic protection, and independence are binding even on WTO
members that are not party to the Berne Convention.
  TRIPS adds the obligation of "most-favored-nation treatment," ensuring equal treatment among WTO
members.

The Universal Copyright Convention (UCC) of 1952 was created under UNESCO to establish a global
framework for copyright protection. It was designed to harmonize legal systems and provide a flexible,
universally applicable standard for protecting intellectual works, bridging the gap between countries with
differing copyright traditions and requirements.

Background and Purpose

1. Challenges Before the UCC:

o Before the UCC, the Berne Convention (1886) was the primary framework for international
copyright protection.
o However, some major countries, like the United States, did not join the Berne Convention
due to differences in legal systems:
 The Berne Convention mandates automatic copyright protection (works are
protected upon creation without formalities).
 U.S. copyright law required formalities, such as registration with the U.S. Copyright
Office, for protection.
2. Solution Introduced by the UCC:
o The UCC provided a simple mechanism to satisfy the requirements of differing legal
systems:
 A work would be protected internationally if all copies carried:
 The © symbol,
 The name of the copyright owner, and
 The year of first publication.
o This provision allowed the U.S. to join the global copyright system while retaining its
domestic formalities.
3. Dual Goals:
o To serve as a bridge between countries with different legal systems, fostering global respect
for copyright.
o To adapt to the post-World War II context of decolonization, accommodating new states with
varying levels of economic and legal development.

Key Features of the UCC

1. Flexibility for Developing Countries:

o Recognized the need for legal norms that accommodate countries at different stages of
development.
o Protected works based on general principles, allowing for interpretation and application
according to a state's specific legal, economic, and social systems.
2. Universal Protection:
o Prohibited discrimination between national and foreign authors within a Contracting State.
o Established national treatment, ensuring foreign authors receive the same protection as
nationals in every member country.
3. Simplified Formalities:
o The UCC’s © symbol requirement harmonized the formalities of countries like the U.S. with
the Berne Convention's automatic protection principle.
o Facilitated international recognition of copyrights without complex registration processes.
4. Duration of Protection:
o Set a minimum copyright term of 25 years after the author's death.
 o This shorter term made it acceptable to the USSR and other states hesitant about the Berne
Convention’s longer protections.

Impact of the UCC

1. Bridge Between Legal Systems:

o The UCC allowed countries like the U.S., USSR, and developing nations to join a global
copyright framework.
o It encouraged international cooperation and facilitated the global circulation of intellectual
works.
2. Alignment with the Berne Convention:
o In 1971, both the UCC and Berne Convention were revised, reflecting closer alignment
between their principles:
 Strengthened the protection of authors’ rights.
 Included provisions to address the needs of developing countries, such as flexibility
for educational uses and translations.
3. A Complement to Berne:
o The UCC did not replace the Berne Convention but provided an alternative route for countries
unable to meet Berne’s stricter requirements.
o Many countries, including most Berne members, also ratified the UCC to bridge gaps in
international copyright relationships.

Key Provisions for Developing Countries

The UCC accommodated developing nations by:

1. Allowing non-voluntary licenses for educational and scientific purposes, particularly for translations.
2. Permitting developing countries to implement copyright systems that matched their economic realities,
provided they adhered to basic principles.

Legacy of the UCC

 Influence on International Copyright Law:

o The UCC influenced the evolution of the Berne Convention and modern international
copyright frameworks, including the TRIPS Agreement under the World Trade Organization.
 Modern Relevance:
o Although most countries now adhere to the Berne Convention, the UCC played a crucial
historical role in standardizing international copyright laws and bridging gaps between legal
systems

The Rome Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting
Organizations (1961) is a significant international treaty that establishes standards for protecting the rights of
individuals and organizations involved in the production and dissemination of performances, phonograms, and
broadcasts. It aims to supplement copyright law by addressing related rights, often referred to as neighboring
rights.

Key Features of the Rome Convention

1. Scope of Protection

The Rome Convention protects three key groups:

1. Performers: Individuals who perform literary or artistic works (e.g., actors, musicians, singers,
dancers).
2. Producers of Phonograms: Entities responsible for the first fixation of sounds, such as recording
companies.
3. Broadcasting Organizations: Entities that transmit broadcasts via radio or television.

2. Rights Provided

The Convention recognizes various rights for these groups:

(a) Performers' Rights

 Right to prevent:
o Unauthorized broadcasting or communication of their live performances to the public.
o Fixation of their performances without consent.
o Reproduction of unauthorized fixations.

(b) Producers of Phonograms' Rights

 Right to authorize or prohibit:

o Reproduction of their phonograms.
 Right to equitable remuneration if their phonograms are used for public communication.

(c) Broadcasting Organizations' Rights

 Right to prevent:
o Rebroadcasting of their broadcasts without authorization.
o Fixation of their broadcasts.
o Reproduction of unauthorized fixations.

3. Minimum Standards

The Convention sets minimum protections:

 Performers' rights are protected for 20 years from the date of performance.
 Producers' phonograms are protected for 20 years from the year of fixation.
 Broadcasting organizations’ rights are protected for 20 years from the year of broadcast.

4. National Treatment

 Contracting States must provide the same level of protection to foreign nationals (from other
contracting states) as they provide to their own citizens.
5. Limitations and Exceptions

 The Convention allows contracting states to impose certain limitations, such as:
o Private use.
o Use for teaching or scientific research.
o Use in news reporting.
 These limitations must not conflict with the normal exploitation of the work or unreasonably harm the
legitimate interests of the rights holders.

Relation to Other Treaties

1. Berne Convention (1886):

o Focuses on copyright protection for authors, while the Rome Convention deals with
neighboring rights for performers, producers, and broadcasters.
2. TRIPS Agreement (1995):
o Incorporates many principles of the Rome Convention, expanding protection for related rights
under the WTO framework.
3. WIPO Performances and Phonograms Treaty (WPPT, 1996):
o Updates and enhances the protections offered by the Rome Convention, particularly for digital
uses.

he TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights) has significantly influenced
the field of copyright law by establishing global standards for protection, enforcement, and dispute resolution.
Here’s a detailed discussion on TRIPS in relation to copyright:

1. Incorporation of the Berne Convention

 Core Principles: TRIPS requires WTO members to comply with the substantive provisions of the
Berne Convention (1971), Articles 1–21, including:
o Minimum standards for copyright protection.
o Protection of literary and artistic works, irrespective of form.
o Duration of copyright protection (life of the author plus 50 years for most works).
 Exclusion of Moral Rights:
o TRIPS does not mandate the recognition of moral rights under Article 6bis of the Berne
Convention. These rights relate to an author's ability to object to derogatory treatments of their
work that harm their honor or reputation.

2. Key Copyright Provisions in TRIPS

(a) Scope of Protection

 Expressions, Not Ideas:

o Article 9.2 clarifies that copyright protects only the expression of ideas, not the ideas,
procedures, or methods themselves.
 Computer Programs:
o Article 10.1 treats computer programs as literary works, protecting them under copyright law,
regardless of whether they are in source code or object code.
 Databases:
 o Article 10.2 ensures copyright protection for compilations of data (e.g., databases) if they
show creativity in the selection or arrangement of content. However, protection does not
extend to the data itself.

(b) Rights Granted

TRIPS strengthens copyright by explicitly recognizing:

 Reproduction Rights:
o Authors can authorize or prohibit the reproduction of their works.
 Rental Rights:
o Authors of computer programs and certain cinematographic works have the right to control
the commercial rental of their works, subject to specific conditions.
 Public Communication:
o Includes rights over public performances, broadcasts, and digital transmissions.

(c) Duration of Protection

 For most works, TRIPS enforces a minimum copyright term of life of the author plus 50 years
(Article 12), consistent with the Berne Convention.
 For works not linked to a natural person (e.g., corporate authorship), protection extends to 50 years
from publication.

3. Limitations and Exceptions

 Article 13 of TRIPS introduces the three-step test, which defines permissible limitations or exceptions
to copyright:
1. Limited to certain special cases.
2. Must not conflict with the normal exploitation of the work.
3. Must not unreasonably prejudice the legitimate interests of the right holder.
 This provision allows flexibility for educational, research, or other public interest uses, provided they
meet these criteria.

4. Enforcement Measures

TRIPS emphasizes enforcement to protect copyright effectively:

 Civil Remedies:
o Injunctions, damages, and destruction of infringing goods.
 Border Measures:
o Customs authorities can intercept pirated goods at international borders.
 Criminal Penalties:
o For willful copyright piracy on a commercial scale, including imprisonment and fines.

These enforcement standards ensure stronger protections for copyright holders globally and combat piracy
effectively.

5. Special Provisions for Developing Countries

 TRIPS recognizes the unique challenges faced by developing and least-developed countries:
 o Longer transitional periods to implement TRIPS-compliant copyright laws.
o Flexibility under the Appendix to the Berne Convention, allowing non-voluntary licenses
for translations and reproductions in educational contexts.

6. Digital Era and TRIPS

TRIPS provisions, though framed in 1995, laid the groundwork for addressing copyright issues in the digital
age:

 Computer Programs and Databases:

o Their inclusion under copyright demonstrates TRIPS’ foresight in extending protection to
emerging technologies.
 Digital Communication:
o While TRIPS does not explicitly address online copyright, it complements subsequent treaties
like the WIPO Copyright Treaty (1996), which builds on TRIPS to cover digital rights
management.

7. Challenges and Criticisms

 Limited Moral Rights:

o Exclusion of moral rights under Article 6bis of the Berne Convention is a significant
limitation in fostering holistic copyright protection.
 Public Interest vs. Copyright:
o Critics argue that TRIPS' stringent copyright enforcement could limit access to knowledge,
especially in developing countries.
 Digital Inadequacy:
o TRIPS does not directly address newer copyright issues arising from streaming, AI, and
digital platforms.

8. TRIPS and Copyright Disputes

TRIPS brought copyright disputes under the WTO’s Dispute Settlement Mechanism, ensuring that member
states comply with their obligations. For instance:

 Countries can challenge policies that fail to meet TRIPS standards.

 This creates a powerful enforcement tool to uphold copyright laws globally.

The Indian Copyright Act, 1957, has been amended multiple times to address evolving socio-economic needs,
technological advancements, and international treaty obligations. Below is a detailed explanation of the
amendments made in 1983, 1984, 1992, 1994, 1999, and 2012.

1. 1983 Amendment

 Objective:
o To ensure the smooth functioning of the copyright system.
 o To introduce more robust provisions for enforcement and penalties for infringement.
 Key Changes:
o Increased penalties for copyright infringement to deter violations.
o Enhanced the scope of civil and criminal remedies against infringers.

2. 1984 Amendment

 Objective:
o To address issues arising from technological advancements and to ensure India's compliance
with the Berne Convention and Universal Copyright Convention.
 Key Changes:
o Recognized the rights of performers for the first time.
o Introduced neighboring rights to protect sound recordings and performers' rights.
o Provided statutory licensing for certain uses of copyrighted works, including translations for
educational purposes.

3. 1992 Amendment

 Objective:
o To protect computer programs and address challenges posed by the rise of the software
industry.
 Key Changes:
o Classified computer programs as "literary works" under copyright law, granting them the
same protection.
o Extended copyright to digital formats and software, reflecting the growth of the information
technology sector.
o Strengthened provisions to address software piracy.

4. 1994 Amendment

 Objective:
o To bring the Copyright Act in alignment with the TRIPS Agreement under the WTO
framework.
o To address gaps in enforcement and improve the rights of creators and owners.
 Key Changes:
o Introduced rental rights for software and cinematographic works, allowing authors to control
the commercial rental of their works.
o Recognized rights over broadcasting and public performances, enhancing protections for
rights holders.
o Expanded provisions for border measures, empowering customs authorities to seize
infringing goods at ports and borders.
o Enhanced penalties for commercial-scale piracy, aligning with international standards.

5. 1999 Amendment

 Objective:
o To strengthen copyright enforcement mechanisms and address piracy more effectively.
  Key Changes:
o Increased penalties for copyright infringement.
o Provided more robust enforcement mechanisms to curb the sale and distribution of pirated
goods.
o Enhanced the rights of copyright societies, ensuring better collection and distribution of
royalties.

6. 2012 Amendment

 Objective:
o To address issues raised by digital technologies, ensure fair treatment of authors, and comply
with treaties like the WIPO Copyright Treaty (WCT) and WIPO Performances and
Phonograms Treaty (WPPT).
 Key Changes:

1. Moral Rights:
 Strengthened moral rights of authors and performers, ensuring they can object to
distortions or modifications of their work that harm their honor or reputation.
2. Digital Rights:
 Extended copyright protections to cover digital and online platforms, addressing
the challenges of the digital age.
3. Fair Use:
 Expanded exceptions under fair use, allowing:
 Reproduction for education, research, and private use.
 Accessibility for disabled individuals, including the conversion of works
into accessible formats (e.g., Braille).
4. Royalty for Creators:
 Introduced mandatory equal royalty sharing for authors and lyricists of
cinematographic works, even if they had transferred their rights to producers.
 Ensured that creators are fairly compensated for the exploitation of their works.
5. Statutory Licensing:
 Enabled statutory licensing for broadcasting organizations to use copyrighted works
(e.g., songs) while ensuring royalties are paid to rights holders.
6. Rights for Performers:
 Granted performers exclusive rights over their performances and ensured they
receive royalties for their use.
 Provided performers with the right to object to the unauthorized recording or
broadcasting of their performances.
7. Technological Protection Measures (TPMs):
 Criminalized circumvention of digital rights management (DRM) tools used to
protect copyrighted works.
 Introduced penalties for tampering with rights management information (RMI)
embedded in digital works.
8. Protection for Orphan Works:
 Allowed public institutions to use copyrighted works whose authors are unknown
(orphan works) under certain conditions, facilitating cultural and educational access.
9. Term of Protection:
 Clarified copyright terms in line with international standards:
 60 years after the author's death for literary, dramatic, musical, and artistic
works.
 60 years from publication for anonymous or posthumous works.
10. Accessibility Provisions:
 Addressed accessibility concerns by allowing the creation of accessible formats for
disabled individuals without requiring prior permission from rights holders.
Impact of Amendments

These amendments reflect India's commitment to evolving copyright law in response to technological
advancements, international obligations, and the need to balance creators' rights with public access. The 2012
amendment, in particular, marked a significant step forward in harmonizing Indian copyright law with global
standards while promoting fairness and accessibility.

Each amendment has contributed to strengthening the copyright regime, addressing modern challenges, and
ensuring the rights of creators, performers, and users are adequately protected.

1. Idea-Expression Dichotomy

 Concept:
o The idea-expression dichotomy differentiates between unprotectable ideas and protectable
expressions.
o This ensures that copyright protects only the specific way an idea is expressed, not the
underlying idea itself.
 Contemporary Relevance:
o Widely upheld in international frameworks like the Berne Convention and TRIPS
Agreement.
o Prevents monopolization of ideas, fostering creativity and innovation.
 Illustration:
o Example: A murder mystery novel:
 The idea of a detective solving a crime is not protected.
 The expression (specific plot, characters, and dialogue) is protected.
 Case Law:
o Baker v. Selden (1879): U.S. Supreme Court held that the idea of a bookkeeping system
cannot be copyrighted; only the unique expression (e.g., explanatory text or illustrations) can.

2. Doctrine of Labour, Skill, and Effort

 Concept:
o This doctrine emphasizes protection for works created through intellectual effort and
judgment, requiring originality rather than just labour.
 Contemporary Relevance:
o Modern courts require not just effort but a modicum of creativity or originality in the work.
 Illustration:
o Example: A research paper:
 A simple summary of existing works without analysis may not qualify for copyright
protection.
 A paper with original interpretations, analysis, or conclusions would qualify.
 Case Law:
o University of London Press Ltd. v. University Tutorial Press Ltd. (1916): Examination
papers, though created with effort and skill, were protected because they involved intellectual
judgment and originality.

3. Doctrine of Sweat of the Brow

 Concept:
o Under this doctrine, copyright was granted based on the effort, time, and resources spent on
creating a work, regardless of its originality.
o This approach is now widely rejected in contemporary copyright law.
 Rejection:
 o Modern copyright law emphasizes originality and creativity, as per international standards
like the TRIPS Agreement.
o Courts have consistently ruled that effort alone is insufficient for copyright protection.
 Illustration:
o Rejected Example: A manually compiled phone directory:
 Earlier View: The effort of collecting and organizing the data justified copyright
(e.g., U.S. case Feist Publications v. Rural Telephone Service Co. (1991)).
 Modern View: The directory lacks originality since it is a mere factual compilation,
even if it required effort.

Case Studies Demonstrating Rejection

Feist Publications v. Rural Telephone Service Co. (1991) – U.S. Supreme Court

 Facts: Rural Telephone sued Feist for copying entries from its phone directory.
 Ruling: The court rejected the sweat of the brow doctrine. Copyright requires originality, not just
effort. The directory was deemed an unoriginal compilation of facts.

Eastern Book Company v. D.B. Modak (2008) – Indian Supreme Court

 Facts: Eastern Book Company claimed copyright over its case law reports, asserting that compilation
and formatting involved effort.
 Ruling: The court rejected protection for mere formatting, holding that copyright applies only to works
demonstrating creativity or originality.

Walter v. Lane (1900) – House of Lords (UK)

 Earlier Ruling: A journalist’s verbatim report of a speech was protected as it involved labour and skill.
 Contemporary View: Such cases may not be upheld today as they lack creative originality.

Modern Approach: Creativity and Originality

1. Originality Over Labour:

o Courts now emphasize creativity, even minimal, over mechanical effort.
o For example, a curated art exhibition with creative themes is protected, but a mere
chronological arrangement of artworks is not.
2. Application in Databases:
o A database that involves unique selection or arrangement of data is protected (TRIPS Article
10.2).
o Databases with factual content and no originality (e.g., a weather report compilation) are not
protected.
3. Technological Works:
o Copyright protection extends to digital works like software (treated as literary works) and
web designs but requires original content or structure

The concept of 'author' and 'owners of rights' in copyright law refers to the identification of the person or
entity entitled to the rights associated with a copyrighted work. This includes the original or first owner of the
copyright, as well as the possible existence of a secondary owner when rights are transferred or assigned.
Here's a detailed breakdown:
1. Concept of ‘Author’

Definition of Author:

 The author is the individual or entity who creates a work.

 Under most copyright laws, including India's Copyright Act, 1957, the author is considered the
original owner of copyright.

Who Can Be an Author?

 Literary and Artistic Works: The person who creates the work (e.g., the writer of a book or painter of
a painting).
 Cinematographic Films: The producer is considered the author.
 Photographs: The person who takes the photograph.
 Computer Programs: The individual or entity that develops the program.

2. Original (or First) Owner

The original or first owner is the initial holder of the copyright in a work. This person has exclusive rights over
the use and exploitation of the work.

Rights of the Original Owner:

 Right to reproduce the work.

 Right to distribute or publish the work.
 Right to create adaptations or derivative works.
 Right to communicate the work to the public (e.g., performances, broadcasting).

Who is the Original Owner?

 Author-Created Works:
o The author is usually the first owner of copyright (e.g., a writer owns the copyright to their
novel).
 Employer-Commissioned Works:
o If the work is created under a contract of service (employment), the employer may become
the first owner, unless there is an agreement stating otherwise.
o Example: A newspaper may own the copyright to articles written by its employed journalists.
 Joint Works:
o When two or more persons collaborate to create a work, they are joint authors, and copyright
is jointly owned unless agreed otherwise.

3. Secondary Owner

A secondary owner is a person or entity that acquires copyright ownership from the original owner through:

 Assignment:
o The original owner may assign their copyright to another party (e.g., an author selling the
copyright to a publisher).
o Assignment must be in writing and specify the rights assigned, duration, and territorial scope.
 Licensing:
 o A license allows the secondary owner to use the copyrighted work while the original owner
retains ownership.
 Inheritance:
o Copyright may be passed to heirs or successors upon the original owner's death.
 Corporate Ownership:
o For works created by employees or under commission, the copyright may vest in a company
or employer (as the secondary owner).

4. Rights of the Secondary Owner

 A secondary owner has only those rights explicitly transferred to them.

 Example:
o A publisher, as a secondary owner, may have the right to reproduce and distribute a book but
not the right to create adaptations unless agreed upon.

5. Distinctions Between Owners

Category First Owner Secondary Owner

Creation Directly creates the work. Acquires rights through assignment or license.
Ownership Holds all original copyright rights. Holds only assigned or licensed rights.
Rights Full bundle of rights. Limited to the rights granted by the original owner.
Examples Author of a novel, painter, composer. Publisher, producer, or corporate employer.

6. Case Studies and Examples

Original Owner:

 A musician who composes a song and records it is the first owner of the copyright.
 If the musician assigns the publishing rights to a record label, the label becomes the secondary owner.

Employer Ownership:

 A software engineer employed by a company develops software as part of their job. The company
(employer) is the original owner unless stated otherwise in the contract.

Joint Ownership:

 Two authors co-write a book. Both are considered joint original owners unless an agreement specifies
otherwise.

Secondary Ownership:

 A movie producer may acquire the copyright for a screenplay from a writer via assignment, making
the producer the secondary owner for the rights explicitly assigned.

7. Legal Provisions in Indian Law

 Copyright Act, 1957:

 o Section 17: Establishes that the author is the first owner unless:
 Created under a contract of service or apprenticeship.
 Commissioned work (e.g., photographs, paintings).
o Section 18: Allows for assignment of copyright, transferring ownership to a secondary owner.
o Section 19: Requires assignment agreements to be in writing and specifies the terms.

8. Contemporary Issues

 Digital Works:
o The concept of 'author' and ownership in AI-generated works raises challenges in defining the
original owner.
 Collaborative Creations:
o Ownership disputes often arise in works involving multiple contributors (e.g., films,
software).