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Ownership of Copyright and Term of Copyright

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It is very important to find the true owner of the work because if the owner is several or someone is working for some other person in that type of case it is kind of tough to find who is the true owner of copyright it is important. After all, if we don’t know who’s the true one then we cannot file for registration or cannot assign the work.

The term the copyright is different for every kind of work and it is very important because all should know how many times they’re protected.

First or True Owner of Copyright

It comes under section 17 of The Copyright Act, 1957.

The author of the work shall be the first or true owner of the copyright, but in some cases, it is different i.e.:

  1. In case of literary, dramatic, or artistic work made by the author in the course of his employment under the contract of service under someone and write something for the proprietor in the absence of any kind agreement between them, that proprietor shall be the first owner.
  2. In the case of the photograph which has been taken, painting, or any portrait made for some valuable consideration or something in exchange, so the person who pays in the absence of any contrary agreement shall be the first owner.
  3. In the case of any kind of speech given or the book has been read in front of the public and has been communicated to them by some person on the behalf of some other person so, that person shall be the first owner.
  4. In the case of the government work in the absence of any agreement of the contrary, the govt shall be the first owner.
  5. In the case of the public undertaking work was first published or made under it, such public undertaking in the absence of an agreement to contrary shall be the first owner.

So, these are some cases under which the owner of the work is a different person and the author is different.

Terms of Copyright

Every work has its time of protection according to the act.

1.In the case of the literary, dramatic, musical, or artistic work:

It covers under section 22; the protection subsists in them published within the lifetime of the author and until the 60 years after the death of the author and stated from the next calendar year of death.

“In the joint authorship where more than one person is author than after the death of the last one”.

2.In the case of anonymous and pseudonymous work: –

It comes under section 23 of the act.

In the anonymous,

  • When a person registered his copyright without any name or the name is not publicized, then the term shall be 60 years from the date of registration.
  • If the name of the author comes out before the expiration of 60 years then it would be until the author lives and again 60 years after his death.

In the pseudonymous,

  • When the author registered the work with pet name or false name it shall be deemed for 60 years, or
  • When the real name of the author comes out then until the death of his and after death 60 years.

3.In the case of posthumous work: –

it comes under section 24; posthumous means “come in effect after the death”.

In this, it is different from the other because on this the copyright protection comes into the effect after the death of the author, or in the case of joint authorship after the death of the last author, the protection will start and comes into effect for 60 years.

4.In the case of cinematograph films: –

It comes under section 26; in this, the protection subsists until the 60 years after the first publication of film and the term stated in the preceding calendar year in which it was first published.

5.In the case of sound recording: –

It comes under section 27; in this, the copyright subsists until the 60 years after the first publication of recording and the term stated in the preceding calendar year in which it was first published.

6.In the case of government work: –

It comes under section 28; in this, the copyright subsists until the 60 years after the first publication of film and the term stated in the preceding calendar year in which it was first published.

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Written by Ankush Aggarwal

Ankush Aggarwal is a final year Law Student of BA.LLB Integrated Course, He is a very career-oriented person and very enthusiastic about his future and Law field. He has a keen interest in Intellectual Property Rights, Criminal Law, Human Rights, and Property Law. He likes to write articles and give speeches or Lectures on Law topics and also has an interest in listening to podcasts.

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