What This Chapter Covers

• Section 17: Who becomes the first owner of a copyright when something creative is made
• Section 18: How copyright can be given (assigned) to someone else
• Section 19: The proper way to make an assignment valid and legal
• Section 19A: What happens when there is a dispute about assignment
• Section 20: How copyright passes through a will when the author dies
• Section 21: How an author can give up (relinquish) their copyright

Simple Explanation

Section 17 answers the most basic question: "When I create something, who owns the copyright?" The general rule is simple - the person who creates the work is the first owner. But there are important exceptions, especially when you create something as part of your job or when someone pays you to create it.

The General Rule

The author of a work is the first owner of copyright. This means if you write a poem, paint a picture, or compose a song on your own time and with your own resources, you automatically own the copyright. No registration is needed - the copyright exists the moment you create the work.

Key Exceptions to the General Rule

• Works Made During Employment (Section 17(c)): If you create something as part of your job duties, your employer owns the copyright, not you. This is called "work for hire."
  • Example: A journalist writing articles for a newspaper - the newspaper owns the copyright
  • The employment must be a "contract of service" (regular job), not "contract for service" (freelance)
• Commissioned Works (Section 17(b) & (c)): When someone pays you to take their photograph, paint their portrait, or create an engraving, the person who paid for it becomes the first owner
  • This applies to photographs, portraits, engravings, and cinematograph films
  • Example: Wedding photographer - the couple who paid owns the photos
• Government Works (Section 17(d)): Works created under the direction or control of the Government are owned by the Government
• Public Speeches (Section 17(cc)): The speaker owns copyright in their speech, but the person who arranged the delivery owns the collection if speeches are published together
• International Organizations (Section 17(dd)): Works made under direction of international organizations are owned by those organizations

Important Note: Contrary Agreement

All these rules can be changed by a written agreement between the parties. So if an employer agrees in writing that the employee will keep the copyright, that agreement will be valid. The phrase used in law is "in the absence of any agreement to the contrary."

Simple Explanation

Section 18 explains that the owner of copyright can transfer (assign) their copyright to another person. It's like selling or gifting property - the owner can give away their rights completely or partially. The new owner then gets all the rights that the original owner had.

Key Points About Assignment

• Who Can Assign: The owner of the copyright (which includes the first owner or anyone who has legally acquired the copyright)
• What Can Be Assigned:
  • The entire copyright (all rights)
  • Part of the copyright (specific rights only)
  • Rights for the whole term or part of the term
  • Rights for whole of India or specific territory
• Future Works: Assignment of copyright in a work that has not yet been created (future work) is also possible, but it will take effect only when the work comes into existence
• Existing Works vs. Future Works:
  • Existing work: Assignment is effective immediately
  • Future work: Assignment becomes effective when work is created

Types of Assignment

• Complete Assignment: All rights transferred permanently - the original owner retains nothing
• Partial Assignment: Only some rights transferred (e.g., only translation rights or only film adaptation rights)
• Limited Assignment: Rights transferred for limited time or limited territory

Assignment vs. License

It's important to understand the difference: Assignment means transferring ownership (like selling a house), while License means giving permission to use (like renting a house). In assignment, the assignee becomes the new owner. In license, the licensor remains the owner but allows someone to use the work.

Simple Explanation

Section 19 tells us how an assignment must be done to be legally valid. Just saying "I give you my copyright" is not enough. The law requires certain formalities to protect both the author and the person receiving the rights. Think of it like selling land - you need a proper deed, not just a handshake.

Mandatory Requirements for Valid Assignment

• Writing Requirement (Section 19(1)): The assignment must be in writing. Oral assignments are not valid.
• Signature Requirement (Section 19(1)): The assignment must be signed by the assignor (the person giving the rights) or by their duly authorized agent.
• Identification of Work (Section 19(2)): The assignment must clearly identify the specific work being assigned.
• Specification of Rights (Section 19(3)): The assignment must specify:
  • Which rights are being assigned
  • The duration of the assignment
  • The territorial extent (e.g., India only, or worldwide)
• Royalty and Consideration (Section 19(4)): The assignment must specify the amount of royalty payable to the author, and may also include any advance payment.

Default Rules When Terms Are Not Specified

• Duration not specified: Assignment is deemed to be for 5 years from the date of assignment
• Territory not specified: Assignment is deemed to extend to the whole of India

Special Protection: Reversion of Rights (Section 19(4))

If the assignee (person who received the rights) does not exercise the assigned rights within one year from the date of assignment, or from the date the work is created (for future works), then the assignment is automatically cancelled. The copyright reverts back to the original author. This protects authors from people who acquire rights but then sit on them.

Dispute Resolution (Section 19(5)-(10))

If there is a dispute about the assignment, the Copyright Board (now replaced by Commercial Courts/Appellate Board) has jurisdiction to decide. The author can also complain if royalty is not being paid or if the terms are being violated.

Simple Explanation

Section 19A was added to provide a mechanism for resolving disputes that arise from copyright assignments. Sometimes authors and assignees disagree about royalty payments, exercise of rights, or interpretation of the assignment terms. This section provides a way to resolve such disputes.

When This Section Applies

• Non-payment of royalty: When the assignee fails to pay the agreed royalty to the author
• Non-exercise of rights: When the assignee does not exercise the assigned rights (e.g., book not published)
• Disputes about terms: Disagreements about interpretation of assignment terms
• Breach of conditions: When either party violates the conditions of assignment

Forum for Dispute Resolution

Originally, the Copyright Board had jurisdiction over such disputes. After the abolition of the Copyright Board in 2017, disputes are now handled by the Commercial Courts or the Intellectual Property Appellate Board (IPAB). With IPAB also being abolished in 2021, these matters now go to High Courts with commercial jurisdiction.

Remedies Available

• Revocation of Assignment: The assignment can be cancelled and rights can revert to the author
• Payment of dues: Order for payment of outstanding royalties
• Compensation: Damages for breach of assignment terms
• Specific Performance: Order to fulfill the terms of the assignment

Author-Protective Provisions

Section 19A generally favors authors because they are usually in a weaker bargaining position. The law recognizes that publishers, film producers, and other commercial entities often have more negotiating power, so it provides special protection to authors.

Simple Explanation

Section 20 deals with a special situation: what happens to an author's unpublished manuscript when the author dies? If an author bequeaths (gives through a will) the original manuscript to someone, does the copyright also go to that person, or do they only get the physical paper? This section answers that question.

The Rule

When an author dies and leaves their unpublished manuscript to someone through a will, the person who receives the manuscript is presumed to also receive the copyright in that work. This means:

• The bequest of the manuscript = bequest of copyright (unless the will says otherwise)
• This applies only to unpublished works - not to published works
• This applies only when the author owns the manuscript at the time of death

Key Conditions

• Work must be unpublished: This section only applies if the work was not published during the author's lifetime
• Bequest must be specific: The manuscript must be specifically mentioned in the will
• Author must own it: The author must have been the owner of the manuscript at death
• Rebuttable presumption: This is a presumption that can be overridden if the will specifically says that only the physical manuscript (not the copyright) is being given

Why This Section Exists

Without this section, there would be confusion. Imagine an author dies leaving an unpublished novel to her daughter. Does the daughter get just the stack of papers, or can she publish the book? Section 20 clarifies that the recipient gets both the physical manuscript and the right to publish it, unless the will specifically separates them.

Simple Explanation

Section 21 allows an author to voluntarily give up (relinquish) their copyright. This is different from assignment - in assignment, you give your rights to someone else; in relinquishment, you give up your rights so that no one owns them. The work essentially becomes public domain and anyone can use it freely.

Requirements for Valid Relinquishment

• Notice Required: The author must give notice (in the prescribed form) to the Registrar of Copyrights
• Publication: The Registrar publishes the notice in the Official Gazette
• Effect: Upon publication of the notice, the copyright ceases to exist
• Irrevocable: Once relinquished, the author cannot reclaim the copyright

Why Would Someone Relinquish Copyright?

• Promote free access: Authors who want their work to be freely available to everyone (like open-source software creators)
• Educational purposes: Authors who want their educational materials to be used freely
• Religious or philosophical reasons: Authors who believe knowledge should be free
• Public interest: Works created for public benefit that should not be restricted

Effect of Relinquishment

Once copyright is relinquished, the work enters the public domain. This means:

• Anyone can copy, publish, or distribute the work
• Anyone can make derivative works (translations, adaptations)
• No permission or payment is required
• The author loses all economic rights
• However, moral rights (right to be credited as author) may still remain

Difference from Dedication to Public Domain in Other Countries

Unlike in the USA where authors can simply declare a work to be in the public domain, Indian law requires a formal process. The notice to the Registrar and publication in the Gazette are mandatory steps.