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Copyright


Who is The First Owner of Copyright

The author of the work is the first owner.

  • In case the author is employed by newspaper, magazine etc under a contract of service, the proprietor will be the first owner in the absence of an agreement to the contrary in the case of a literary, dramatic or artistic work.

  • Where a photograph is taken, or a painting or portrait drawn for a valuable consideration at the instance of person, such person is the first owner.

  • Where any address or speech is delivered in public, the person delivering is the first owner and where it is delivered on behalf of another person such other person is the first owner.

  • In case of Government work, Government shall be the first owner.

  • In case of work made or published by or under any public undertaking, it shall be the first owner.

 

Infringement

Copyright in a work is deemed to be infringed:

  1. When any person without a license from the owner of the copyright, or the Registrar of Copyright (in certain situations) or in contravention of the conditions of a license,

  1. does anything the exclusive right to do which belongs to the copyright owner, or

  2. knowingly permits for profit any place to be used for the performance of the work in public which continues an infringement of the work, or

  1. When any person, makes for sale or hire, or sells or lets for hire, or offers for sale or hire, or exhibits in public for trade or import (except two copies other than cinematography film or record for personal use) any infringing copies of the week.

In general it is the commercial exploitation of the work in any form by a person without authority that constitutes infringement.



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