Section 17 Copyright Act 1957 deals with FIRST OWNER of copyright. Subject to other provisions, the author of a work is the first owner. Which of the following is an EXCEPTION (i.e. NOT the author)?
Answer & Solution
Correct answer: A.
1. Section 17 Copyright Act 1957 states: 'Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein'.
2. Section 17 PROVISO carries exceptions, most importantly: (a) work made in course of author's employment by proprietor of a newspaper / magazine / similar periodical, under contract of service or apprenticeship, for the purpose of publication therein — proprietor is first owner; (b) PHOTOGRAPH taken / painting or portrait drawn / engraving or cinematograph film made at the instance of any person for valuable consideration — that person is first owner; (c) work made in the course of his employment under a contract of service or apprenticeship to which clauses (a) or (b) do not apply — EMPLOYER is the first owner; (d) lectures delivered in public — speaker is first owner; (e) work made / first published by or under the direction or control of any public undertaking — that public undertaking is the first owner.
3. The 2012 Amendment to Section 17 added a proviso for authors of underlying works for cinematograph films retaining their rights.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Copyright Act 1957, Section 17 proviso (c)_
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