Copyright is a critical branch of intellectual property law that serves to offer protection for original creative expressions in both individuals and organisations. This protects literary works, artistic works, musical works, dramatic works, and even digital works by enabling the creators to obtain credit for their work and at least hold the right to decide how their works are used.
Copyright law hinges on a basic concept of authorship and ownership: while authorship is attributed to the creator of the work, ownership reflects the person who enjoys the legal right to reproduce, distribute, license, or exploit. They work together to create a balanced system that encourages creativity, rewards creators, and ensures the use of creative works is both legitimate and financially rewarding in a clearly regulated, fair environment.
Meaning of Authorship and Ownership of Copyright
The Copyright Act 1957 basically deals with two essential concepts: that of authorship and ownership. Understanding both helps in being able to identify who actually creates a work and who controls its commercial exploitation.
Authorship
- Original authorship refers to whoever creates the original expression of any work.
- For literary, dramatic, musical, and artistic works, the individual creator is considered the author.
- In case of photographs, cinematograph films and sound recordings, the producer is considered to be the author.
- In the case of software, the programmer or developer is recognized as the author.
- Where any work is created by a government or any public undertaking, the Government or undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright.
- The authors, at all times, retain moral rights, which are not transferable even when the ownership is transferred.
Ownership
- Ownership reflects the rights in law regarding use, reproduction, distribution, sale, licensing, or any other form of exploiting the work.
- The general rule is that the author is the first owner, with other exceptions provided by the law.
- In employment situations, the employer is the owner of works created in the course of employment.
- Ownership for commissioned works passes only when there is a written assignment.
- Producers are the owners of films and sound recordings.
- Owners control all economic exploitation of the work.
Difference Between Authorship and Ownership
- Authors = creators; Owners = holders of legal interest. An author creates the work; an owner exercises commercial control over it.
- Ownership can be transferred; authorship cannot be taken away from the creator.
- Moral rights by authors are kept, even if ownership is changed. Therefore, while authorship identifies the creator, ownership tries to make clear who governs and profits from the work.
Basics of Authorship and Ownership of Copyright
An understanding of the concepts of authorship and ownership of copyrights, as applicable within the jurisdiction of India, is imperative for authors, enterprises, and lawyers. Although authorship refers to an indication of who exactly created a given work, ownership determines who exactly owns the rights necessary for making use of, licensing, reproducing, and generating revenue from it. A clear directive on who would be considered the original owner as an author and who will gain ownership as a result of employment, commission, or production agreements within Indian law clearly underscores that, even after acquiring ownership, the honorarium rights of the authors are still protected.
Authorship under Indian Copyright Law
Authorship refers to people who originally created works. The Act distinguishes authors depending on the type of works they created.
Who is recognised as an “Author”?
- Literary or Dramatic Work – The author refers to the person who writes or composes a work. Examples: Books, articles, manuals, computer programs (as literary works), novels, and scripts.
- Artistic Work – The author refers to the artist creating the artwork. Examples include: drawings, photos, logos, paintings, diagrams, and architectural works.
- Musical Work – The creator of music is considered to be its author. Note that lyrics are classified as literary works and, therefore, the lyricist will be considered as an author.
- Cinematograph – The producer is recognized as the author under the law and not the director. The producer is the person who originates and undertakes responsibility for making the film.
- Sound Recordings – The producer of a sound recording will be considered an author.
- Computer Programs / Software – The person who writes or creates the code will be viewed as an author. As regards work made while under a contract, the author retains authorship but assigns ownership to the employer organization.
- Works of Public Undertakings – The author represents the respective public undertaking (PSUs, statutory bodies).
- Anonymous and Pseudonymous Works – The publisher will be considered as an author if and unless the identity of the creator is revealed.
Ownership of Copyright
Ownership refers to the legal rights granted for reproduction, distribution, modification, and making money from and licensing it. Although it is the creator who made it, it is the person or organisation who owns it that holds the rights.
General Rule – The creator is considered the first owner of copyrights, unless otherwise specified within legal provisions.
When the Author Is Not the First Owner
- Works Created During Employment (Work for Hire) – If it is created as a result of an employee’s duties at work, then the owner will be the employer. Example: A graphic designer working for an organization creating social media content – The organization owns the rights.
- Commissioned work – Rights on copyrights will revert to the person who ordered the work only if there is an agreement that is written. Example: A company contracting a freelancer for making a brochure – it will be owned by the freelancer until an assignment agreement is created.
- Government Works – The Government owns it.
- Newspaper/Magazine Articles – If a journalist writes an article on an employee, then the right to publish belongs to the employer. The author still holds the rights to its publication as a book.
- Cinematograph Film and Sound – The producer belongs to the owner.
Joint Ownership
Copyright can be jointly owned when it belongs:
- Two or more individuals working together with the intention to produce something, AND
- The contributions will not be distinguished.
- Example: Song: Where lyricist + music composer, + singer collaborate with common copyrights based on agreements.
Assignment of Copyright
Assignment is defined as the transfer of some or all copyright rights from the author or owner to another party. Key essentials:
It must be in writing and signed, and should clearly spell out:
- Rights being transferred
- Length of the assignment
- This will include geographic scope.
- Royalty or remuneration
This assignment will automatically terminate after 5 years unless otherwise stated.
Licensing of Copyright
Licensing provides the owner the right to let others use the work while the owner retains ownership. Types of Licenses:
- Exclusive License – this grants the exclusive rights to only one licensee to utilise the work in a specified manner.
- Non-exclusive License – it can be granted to more than one person.
- Compulsory License – granted by the government, depending on the conditions, such as works not made available to the public.
- Licenses shall include the
- Written format
- Clear terms of usage
- Has a specific purpose, territory, and duration
Copyright Ownership Duration in India
- Literary, Dramatic, Artistic, Musical Works – Life of the author plus 60 years after his death.
- Cinematograph Films – 60 years from the date of publication.
- Sound Recordings – 60 years from the date of publication.
- Photographs: For sixty years after the date of publication.
- Government Works – 60 years from the date of publication.
Owners’ Rights versus Authors’ Rights
Economic Rights (Ownership Rights)
These cover the right to:
- Make copies of the work
- Distribute copies
- Create derivatives of the work
- Distribute copies of the work
- Perform or publicly display the work
- Translations or adaptations
- Sell the work or license it
- Exploit the work commercially (royalties, fees, commercial exploitation)
Moral Rights (Authorship Rights)
Even after the change of ownership, the authors retain:
- Right to Paternity – the right to claim authorship.
- Right to Integrity: the right to prevent any distortion or mutilation of their work.
- Right to Withdrawal – if the reputation of the author is in jeopardy, he may withdraw the work, provided that he compensates the owner. Waiver or sale of moral rights is not possible.
Conclusion
It is very important to understand the difference between authorship and copyright ownership.
While ‘authorship’ represents the original creator with regard to a literary, artistic, musical, or software work, ‘ownership’ refers to the person who holds rights with regard to reproducing, distributing, licensing, and exploiting said work.
The Indian Copyrights Act provides a holistic structure as it recognises the author as the main owner in most cases, but at the same time, it also keeps in mind scenarios involving employment, commissioned works, and production rights.
Importantly, even with regard to matters pertaining to assignment and transfer, the moral rights afforded to the author are upheld.
A clear agreement, understanding of legal requirements, and proper documentation are critical in avoiding disputes and making sure that all parties are treated fairly.
Accordingly, a better understanding of copyrights promotes creativity, innovation, and proper utilisation of intellectual properties.
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