OWNERSHIP OF COPYRIGHT
Normally the author of the work shall be first owner of the copy right therein.
Author means-
(i) in relation to a literary or dramatic work, the author of the work;
(ii) in relation to a musical work, the composer;
(iii) in relation to an artistic work other than a photograph, the artist;
(iv) in relation to a photograph, the person taking the photograph;
(v) in relation to a cinematograph or sound recording the producer; and
(vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated, the person who causes the work to be created.
Rights in a musical sound recording: There are many right holders in a musical sound recording- the lyricist who wrote the lyrics, the composer who set the music, the singer who sang the song, the musician who performed the background music and the person or company who produced the sound recording. A sound recording generally comprises various rights. It is necessary to obtain the licences from each and every right owner in the sound recording.
Works by journalists, apprentices etc during the course of their employment:
In the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work.
In the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
In the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Assignment: The owner of the copyright may either wholly or partially assign the rights to any person. The assignment of the copy right shall be valid only if it is in writing and signed by the assignor. Disputes with respect to assignment of copy right are settled by the copy right board. Where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period. If the period of assignment is not stated, it shall be deemed to be five years from the date of assignment. If the territorial extent of assignment of the rights is not specified, it shall be presumed to extend within the whole of India.
Relinquishment of copy work: The author of a work has the right to relinquish the copy right in a work by giving notice to the registrar of copy rights. The notice shall be in Form I.
Broadcaster’s Rights:
As per the act “broadcast” means communication to the public-
(i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or
(ii) by wire, and includes a re-broadcast;
Every Broadcasting organisation has a special right for its broadcast which is known as broadcast reproduction right. The broadcast reproduction right is valid for 25 years.
Performer’s Rights:
As per the Copyright Act, “performer’ includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance and “performance”, in relation to performer’s right, means any visual or acoustic presentation made live by one or more performers;
A performer who appears or engages in any performance shall have a special right known as performer’s right which is valid for a period of 50 yrs. The use of reproduction right or performer’s right for the private use of a person or for research or for reporting of current event, is not an infringement of Broadcasting Reproduction right or performer’s right.