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Showing posts with the label ASSIGNMENT & LICENSING – DETAILED ANALYSIS (LLB EXAM PERSPECTIVE

OWNERSHIP, ASSIGNMENT & LICENSING – DETAILED ANALYSIS (LLB EXAM PERSPECTIVE

OWNERSHIP, ASSIGNMENT & LICENSING – DETAILED ANALYSIS (LLB EXAM PERSPECTIVE) 1. OWNERSHIP OF COPYRIGHT Ownership means who is the first owner of the copyright in a creative work. This is governed mainly by Sections 17–21 of the Copyright Act, 1957 . A. General Rule – Author is the First Owner The person who creates the work is the first copyright owner. Examples: – Writer of a book → owner – Painter of a painting → owner – Composer of music → owner – Filmmaker → owner of cinematograph film B. Exceptions to General Rule (Important for exams) 1. Works made under employment (Section 17(c)) If a person creates a work in the course of employment , the employer becomes the first owner, unless there is an agreement saying otherwise. Example: A journalist writes an article for a newspaper → newspaper company is the owner. 2. Commissioned works (Section 17(b)) If you pay someone to make a photograph, portrait, painting, or film , then the person who pays becomes the ...