Section 17 of CA, 1957 : Section 17: First Owner Of Copyright

Explanation using Example

Let's take an example of a writer named John who works for a newspaper company. According to Section 17 of The Copyright Act, 1957, if John writes an article for the newspaper, the newspaper company will be the first owner of the copyright for the purpose of publishing it in the newspaper or for reproducing it for publication. However, in all other respects, John, as the author, will be the first owner of the copyright.

Now, consider a photographer named Emily who is hired by a person to take a photograph for valuable consideration. According to the same section, in the absence of any agreement to the contrary, the person who hired Emily will be the first owner of the copyright in the photograph.

Further, if an employee creates a work as part of their job that does not fall under the previous clauses, the employer will be the first owner of the copyright, unless there is an agreement stating otherwise. For instance, if a software developer creates a new software as part of his job, his employer owns the copyright to that software.

Lastly, if a government official delivers a public speech, the government official or the person on whose behalf the speech was delivered, will be the first owner of the copyright, regardless of who arranged or hosted the event. Similarly, for any work made by the government or a public undertaking, they will be the first owner of the copyright, unless there's an agreement stating otherwise.