The Copyright Law in India protects original creations like books, music, and art. Section 17 of Copyright Act decides who first owns the copyright in a work. This matters for creators, employers and those who hire others to make creative works. It helps clarify who holds the rights to use, share or sell the work. Understanding Section 17 is important when handling disputes about ownership, creating contracts, or advising on licensing deals. This article explains Section 17 covering its parts, exceptions, court rulings, and real-world uses.
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What is Section 17 of Copyright Act
Section 17 of Copyright Act says that the person who creates a work is its first copyright owner. This applies to things like books, paintings, or songs. The creator owns the copyright as soon as the work is made, without needing to register it, though registration can help in legal disputes.
But this rule has exceptions listed in provisos (a) to (e) and an additional proviso. These exceptions shift ownership to someone else, like an employer or a person who pays for the work, depending on the situation. Many of these exceptions only apply if there’s no agreement saying otherwise, so contracts are crucial to avoid confusion. For lawyers, this shows how important it is to write clear contracts under Section 17.
Section 17 also connects to other parts of the Act, like Section 13, which lists what kinds of works can be copyrighted, and Section 41, which deals with international organizations. This makes Section 17 a key tool for solving ownership questions in fields like publishing, movies, and software.
The Creator Owns the Copyright
The objective of Section 17 of Copyright Act is that the creator or "author," of a work owns its copyright. The Act’s Section 2(d) explains who the author is, for example, a composer for music or a coder for software. This rule encourages creativity by giving creators control over how their work is used, copied, or shared.
For example, a painter who makes a portrait or a writer who finishes a novel owns the copyright as soon as the work is created, like when it’s painted or written down. Lawyers often use this rule when helping individual creators in cases where someone copies their work, as proving who created it is key to proving ownership.
Learn about the Nature of Copyright.
Exceptions and Provisos Under Section 17 of Copyright Act
Section 17 of Copyright Act includes exceptions, called provisos, that change who owns the copyright in certain cases. These protect people or organizations who pay for or support the creation of a work.
Proviso (a): Works for Newspapers or Magazines
Under proviso (a), if someone employed by a newspaper, magazine, or similar publication creates a story, article, or artwork for it, the publication’s owner gets the copyright for publishing purposes. But the creator keeps the copyright for other uses, like turning the work into a book. This protects journalists or artists who want to use their work in other ways, unless a contract says otherwise.
This rule is important in media law, especially when disputes arise about reusing content, like a freelance writer wanting to publish their article elsewhere.
Proviso (b): Hired Works for Payment
Proviso (b) covers works like photographs, paintings, or films created for someone who pays for them. The person who pays, called the commissioner, becomes the first copyright owner, unless a contract says otherwise. This protects people who hire photographers for events or producers for films.
The payment, or “valuable consideration,” must be something like money, not just a favor. Lawyers should make sure contracts clearly state who owns the copyright to avoid problems.
Proviso (c): Works Made During Employment
Proviso (c) says that if an employee creates a work as part of their job (and it’s not covered by provisos (a) or (b)), the employer owns the copyright. This applies to things like designs or software made by company employees.
The key is whether it’s a “contract of service” (a regular job) or a “contract for service” (freelance work). Courts have said freelancers keep their copyright unless they sign it over. This rule is important for companies that want to own the intellectual property their employees create, and many include copyright clauses in job contracts.
Proviso (cc): Public Speeches
Proviso (cc), added later, says the person who gives a public speech or someone they represent owns the copyright, even if an employee wrote it. This protects people like politicians or executives who give speeches written by their staff.
This rule is useful in public life, ensuring speakers control how their speeches are used or shared.
Proviso (d): Government Works
Under proviso (d), the government owns the copyright for works it creates or commissions, like reports or maps. This is to serve the public interest, often allowing free use, though the copyright still exists.
This matters in administrative law, where government works have specific rules, like a 60-year copyright term.
Proviso (dd): Works by Public Undertakings
Proviso (dd) is similar to (d) but applies to public undertakings, like government-owned companies such as ONGC or BSNL. These organizations own the copyright for works made under their direction.
This helps state-owned companies protect and use their intellectual property, though contracts can change this.
Proviso (e): Works of International Organizations
Proviso (e) gives copyright to international organizations, like the United Nations, for their works, as covered in Section 41. This supports global cooperation.
This rule is important for international law, ensuring consistent protection for such organizations.
Additional Proviso: Works in Films
An extra proviso says that provisos (b) and (c) don’t take away the copyright of authors whose work, like scripts or music, is used in films. This protects writers or composers so they keep rights to their original work.
Learn what are the punishments for copyright infringement.
Landmark Judgements on Section 17 of Copyright Act
Courts have explained Section 17 of Copyright Act through important cases, making its rules clearer. These cases show that courts look at both the law and contracts to decide ownership, often favoring clear agreements.
1. Indian Performing Right Society Ltd. v. Eastern Indian Motion Pictures Association (1977)
Facts: IPRS, representing composers and lyricists, sought royalties for public performance of music in films. Film producers, who commissioned the music, claimed ownership of the copyright under Section 17, arguing they were the first owners of the works. IPRS argued that authors retained independent rights in their musical and literary works for non-film uses (e.g., concerts, broadcasts).
Issue: Does Section 17 of the Copyright Act, 1957, make film producers the first owners of copyright in commissioned musical/literary works, extinguishing authors' rights to license them for non-film purposes?
Judgment: The Supreme Court held that producers own the copyright in the cinematograph film, including its soundtrack, but composers and lyricists retain separate copyright in their underlying works for non-film uses (e.g., public performances). IPRS could collect royalties for such uses unless authors assigned those rights to producers. This clarified dual copyrights under Section 17 of Copyright Act.
2. V.T. Thomas v. Malayala Manorama Co. Ltd. (1988)
Facts: Cartoonist V.T. Thomas created "Boban and Molly" characters before joining Malayala Manorama. During employment, he drew cartoons featuring these characters. After his employment ended in 1981, Manorama used other artists to continue the series. Thomas claimed copyright over the characters and sued for infringement.
Issue: Does Section 17(c) grant an employer copyright over pre-existing works (e.g., characters) created before employment, and can they claim rights over continuations made during employment?
Judgment: The Kerala High Court ruled that under Section 17(c), employers own copyright only in works created during employment, not pre-existing works. Thomas retained copyright in the characters created before joining Manorama. The court granted an injunction, stopping Manorama from using the characters post-employment, recognizing independent copyright in fictional characters.
Summary
Section 17 of Copyright Act, 1957 balances the rights of creators with the needs of employers and commissioners. It starts by giving copyright to the creator but includes exceptions for situations like employment or hired work. Judiciary have also clarified these rules through cases with emphasizing the need for clear contracts. As creative industries grow, understanding Section 17 helps lawyers manage intellectual property and avoid disputes, fostering innovation in India’s creative world.
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Section 17 of Copyright Act: FAQs
Q1. Who is the first owner of copyright section 17?
The creator of a work is usually the first owner of its copyright under Section 17.
Q2. What is Section 18 of the Copyright Act?
Section 18 allows the copyright owner to transfer or license their rights to others.
Q3. What is Section 17 of the Copyright Act?
Section 17 states that the creator or employer (if created during employment) is the first copyright owner.
Q4. What is Section 17 of the Registration Act?
Section 17 lists documents, like property deeds, that must be registered to be legally valid.
Q5. Who is the owner of copyright?
The creator or their employer (if made for work) owns the copyright.
