Who is First Author/Owner of Copyright?

Copyright is one of the most significant intellectual property rights recognised under Indian law. It protects original expressions in literary, artistic, musical, dramatic and other creative works. However, one of the most common legal questions in copyright law is: Who is the first author or first owner of copyright?

Although it is generally believed that the creator of a work is its first owner, the legal position is more nuanced. The Copyright Act, 1957 carefully distinguishes between the “author” of a work and the “first owner” of copyright. In many cases, both are the same person. In several situations, however, the law transfers ownership to another person or entity.

This article provides a detailed analysis of the concept of first authorship and first ownership under the Copyright Act, 1957, along with relevant statutory provisions and judicial precedents.

Meaning of Copyright and Its Legal Nature

Copyright is a statutory right granted under the Copyright Act, 1957. It protects original works once they are expressed in a tangible form. It is considered a sui generis right, meaning that it is unique in nature and distinct from other forms of property.

Unlike patents or trademarks, copyright protection arises automatically upon creation of the work. Registration is not mandatory, though it serves evidentiary purposes.

Copyright grants exclusive rights such as:

• Reproduction of the work
• Issuing copies to the public
• Public performance or communication
• Adaptation and translation
• Commercial exploitation

These rights belong to the owner of copyright. Therefore, identifying the first owner becomes legally significant.

Who is an “Author” under the Copyright Act?

Section 2(d) of the Copyright Act, 1957 defines the term “author” depending on the type of work. The definition varies across categories:

• In literary or dramatic works – the author of the work
• In musical works – the composer
• In artistic works – the artist
• In photographs – the photographer
• In cinematograph films – the producer
• In sound recordings – the producer
• In computer-generated works – the person who causes the work to be created

Thus, the law does not adopt a uniform definition. Instead, it identifies authorship based on the nature of creative contribution.

It is important to note that copyright protects the expression of an idea and not the idea itself. Therefore, the person who merely conceives an idea is not necessarily the author unless that person expresses the idea in a tangible form.

Conditions for Copyright Protection

Section 13 of the Copyright Act provides that copyright subsists in:

• Original literary, dramatic, musical and artistic works
• Cinematograph films
• Sound recordings

Section 13(2) further lays down conditions relating to nationality and place of publication. For published works, the author must be a citizen of India at the time of publication, or the work must first be published in India. For unpublished works, the author must be domiciled or resident in India at the time of creation.

Section 7 clarifies that in cases where a work is created over a long period, domicile is determined by the country where the author was domiciled during the substantial part of the creation period.

Architectural works are protected only if they are located in India.

General Rule: Author as the First Owner

Section 17 of the Copyright Act establishes the general rule that the author of a work is the first owner of copyright.

This means that in most ordinary situations:

• A novelist owns the copyright in the novel.
• A composer owns the copyright in a musical composition.
• A painter owns the copyright in a painting.
• A photographer owns the copyright in a photograph.

However, this rule is subject to important exceptions.

When is Copyright Granted?

Copyright arises automatically as soon as the work is expressed in a tangible form. This includes:

• Writing a manuscript
• Creating a painting
• Recording a song
• Producing a film
• Writing a computer program

The use of the copyright symbol (©) is not mandatory but serves as a public notice of ownership.

Under Section 22, the term of copyright in literary, dramatic, musical and artistic works generally extends to 60 years from the death of the author. In other works such as cinematograph films and sound recordings, the term is 60 years from the year of publication.

Exceptions under Section 17: When Author is Not the First Owner

While Section 17 establishes the general rule, it also contains several exceptions where the first ownership shifts from the author to another person.

Section 17(a): Works Created During Employment in Newspapers

Where a literary, dramatic or artistic work is made by an author in the course of employment under a contract of service for a newspaper, magazine or similar periodical, the proprietor becomes the first owner for purposes of publication and reproduction in the newspaper.

For all other purposes, the author remains the first owner unless there is an agreement to the contrary.

This provision recognises the commercial interests of publishers while protecting broader rights of the author.

Section 17(b): Commissioned Works

If a photograph is taken, a painting is made, an engraving is created or a cinematograph film is produced at the instance of another person for valuable consideration, that person becomes the first owner, unless there is an agreement stating otherwise.

This applies in cases such as commissioned portraits or custom-made photographs.

The principle behind this rule is that the person who pays for the creation of the work may acquire first ownership in the absence of contrary agreement.

Section 17(c): Other Employment Situations

Where a work is created during the course of employment under a contract of service and Sections 17(a) and 17(b) do not apply, the employer becomes the first owner, unless there is a contract stating otherwise.

The distinction between a contract of service (employment relationship) and a contract for service (independent contractor relationship) becomes important. In a contract of service, the employer exercises substantial control over the manner and method of work. In such cases, ownership generally vests in the employer.

Government Works

Under Section 17(d), in case of government works, the Government is the first owner of copyright, unless there is an agreement to the contrary.

Works of Public Undertakings

Where a work is first published by or under the direction of a public undertaking, the public undertaking becomes the first owner, unless there is a contrary agreement.

Copyright in Employment Contracts

Ownership disputes frequently arise in employment relationships. Courts examine:

• Nature of employment
• Degree of employer control
• Terms of contract
• Whether the work was created within scope of employment

If an employee creates a work outside employment duties, ownership generally remains with the employee.

Copyright in Computer Programs

Computer programs are protected as literary works. The first owner is the author, unless created during employment under a contract of service.

If a programmer develops software using employer’s resources and within employment duties, ownership usually vests in the employer. If created independently and outside employment scope, ownership remains with the programmer.

Ownership of Cinematograph Films

Under Section 2(d), the producer is the author of a cinematograph film and thus the first owner.

However, cinematograph films involve contributions from scriptwriters, lyricists, composers and performers. This has led to important judicial decisions.

Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association

In this landmark case, the Supreme Court held that when a producer commissions or employs a composer under a contract of service, the producer becomes the first owner under Section 17.

However, if a composer works independently under a contract for service, ownership may remain with the composer unless rights are assigned.

The Court clarified that producers may exploit the film as a whole, but separate exploitation of songs may require proper assignment depending on contractual terms.

Judicial Interpretation of First Ownership

V.T. Thomas v. Malayala Manorama Co. Ltd. (AIR 1989 Ker 49)

In this case, an artist had created a cartoon character before joining employment with a publishing house. The employer claimed ownership because the character was published during employment.

The Kerala High Court held that since the character was created prior to employment, the employer could not claim first ownership. Mere publication during employment does not transfer ownership unless the work was created in the course of employment.

This case emphasises that timing and contractual terms are crucial.

Neetu Singh v. Rajiv Saumitra

The Court examined whether a literary work was created within the scope of a director’s employment duties. It was held that the defendant failed to prove that the work was created as part of official duties. Therefore, ownership could not automatically vest in the company.

This case highlights that the burden lies on the employer to establish that the work was created during employment.

Chidambare v. Renga (AIR 1966 SC 193)

The Supreme Court held that when an obligation exists and a person transfers an interest while performing that obligation, such transfer may amount to valuable consideration.

This principle becomes relevant in commissioned works and contractual transfers.

Assignment and Licensing of Copyrights

Even if the author is the first owner, copyright may be transferred through:

• Assignment (complete or partial transfer of ownership)
• Licence (permission to use without transfer of ownership)

Sections 18 and 19 of the Act govern assignment of copyright. Assignment must be in writing and signed by the assignor.

Therefore, first ownership is only the starting point. Subsequent contractual arrangements may alter ownership rights.

Is Registration Mandatory?

Registration of copyright is not mandatory in India. Copyright arises automatically upon creation. However, registration serves as prima facie evidence in court proceedings and strengthens enforcement.

Conclusion

The concept of first author and first owner under the Copyright Act, 1957 is structured yet nuanced. The general rule states that the author is the first owner. However, Section 17 introduces carefully crafted exceptions in cases of employment, commissioned works, government works and public undertakings.

Judicial precedents such as V.T. Thomas v. Malayala Manorama Co. Ltd., Indian Performing Right Society Ltd. v. Eastern India Motion Pictures Association, and others have clarified that ownership depends on factual circumstances, contractual terms and statutory interpretation.

Identifying the first owner of copyright is not merely a procedural requirement. It determines who can enforce rights, assign ownership, grant licences and claim remedies in case of infringement. Proper contractual drafting and understanding of statutory provisions remain central to safeguarding copyright interests.