INDIA Law and Practice Contributed by: Safir Anand and Twinky Rampal, Anand and Anand Advocates
3.2 Essential Elements of Copyright Protection Originality is the most vital qualification for copy - right protection in India, and the work must be expressed in a tangible medium. 3.3 Copyright Authorship Section 17 of the Copyright Act provides infor - mation on who can be called as the first owner of copyright. “17. First owner of copyright Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein: Provided that – (a) in the case of a literary, dramatic or artis - tic 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 apprentice - ship, for the purpose of publication in a newspaper, magazine or similar periodi - cal, the said proprietor shall, in the ab - sence 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 news - paper, 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; (b) subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valu - able 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; (c) in the case of a work made in the course of the author’s employment under a contract of service or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; (d) in the case of any address or speech delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright therein notwithstanding that the person who delivers such ad - dress or speech, or, as the case may be, the person on whose behalf such ad - dress or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered; (e) in the case of a Government work, the Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; (f) in the case of a work made or first pub - lished by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;…” India also recognises the concept of joint author - ship. 3.4 Copyright Rights Section 14 of the Copyright Act 1957 grants
exclusive rights as follows: “14. Meaning of copyright
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