Who is treated as the first owner of copyright? Elaborate with exceptions

 Here's a detailed and point-wise explanation on "Who is treated as the first owner of copyright?" under the Copyright Act, 1957, including the exceptions.

Who is Treated as the First Owner of Copyright?

(As per the Copyright Act, 1957)

✅ 1. General Rule – Author is the First Owner

• The author of a work is considered the first owner of copyright.

• “Author” refers to:

  • Literary/dramatic work – the person who creates the work.

  • Musical work – the composer.

  • Artistic work – the artist.

  • Photograph – the person who takes the photograph.

  • Cinematograph film – the producer.

  • Sound recording – the producer.

• This ownership gives the author the exclusive right to reproduce, publish, translate, adapt, etc.

🛑 2. Exceptions – When Author is NOT the First Owner

🔹 (a) Works Created in Course of Employment (Section 17)

If the work is created during the course of employment under a contract of service, then the employer is the first owner, not the employee, unless there’s a contrary agreement.

Examples:

• A journalist writes an article for a newspaper – newspaper company owns the copyright.

• A salaried software developer creates code – the company owns the code.

🔹 (b) Commissioned Photographs, Paintings, or Portraits

When a person pays or commissions another to create a photograph, painting, portrait, engraving or cinematograph film, the person commissioning the work is the first owner, not the artist.

Exception to Exception:

If there is an agreement stating otherwise, the author can retain ownership.

🔹 (c) Government Work

Where the work is made or published by or under the direction or control of the Government, the Government is the first owner of the copyright.

Example:

• A government department publishes a public awareness pamphlet – the government owns the copyright.

🔹 (d) Public Undertakings

If a work is made in the course of the author’s employment by a public undertaking, the undertaking is the first owner unless there is an agreement to the contrary.

🔹 (e) International Organizations

If the work is created for an international organization as per Indian law or an agreement, the organization may be the first owner.

🔹 (f) Speeches and Addresses

• The speaker is the first owner of a speech, even if delivered publicly.

• But if the speech is delivered on behalf of someone else, that person (like an employer or commissioner) is the first owner.

🔹 (g) Work for Hire (Contract of Service vs. Contract for Service)

• In a contract of service (employer-employee): Employer is the first owner.

• In a contract for service (freelancer): The freelancer is the first owner, unless agreed otherwise.

✅ 3. Importance of Contractual Agreements

Ownership rules under Section 17 are subject to any contract to the contrary.

• A clear contract can override default rules.

• Creators should always define copyright terms in agreements.

✅ 4. Assignment and Licensing

Even if someone is the first owner, they can assign (transfer) or license the rights to others – fully or partly, temporarily or permanently.

📌 Summary Table:

Work Type	Default First Owner	Exception
Literary/Musical	Author	Employer/Commissioner
Photograph/Painting	Photographer/Artist	Commissioner
Cinematograph/Sound Recording	Producer	Commissioner
Government/Public Work	Government	-
Speech	Speaker	Employer (if on behalf)