CLL_Art1696 - Taxpublishers.in

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The Tax Publishers Copyright--Ownership Ownership of Copyright in a Work is Different from the Ownership of the Physical Material Kush Kalra Copyright is an intangible, incorporeal right, in the nature of a privilege, which is quite independent of any material substance. Ownership of copyright in a work is different from the ownership of the physical material in which the copyrighted work may happen to be embodied. The Learned Author explores this differentiation in the present write up. 1. Introduction The expression 'copyright' has not been defined separately in the 'definitions' section of the Copyright Act, yet, section 14 makes it clear that 'copyright' means the 'exclusive right', subject to the provisions of the Act, to do or authorise the doing of certain acts 'in respect of a work'. When an 'author' in relation to a 'literary work', which includes a 'computer programme', creates such work, such author has the exclusive right, subject to the provisions of the Copyright Act, to do or authorise the doing of several acts in respect of such work or any substantial part thereof. In the case of a computer programme, section 14(b) specifically speaks of two sets of acts - the seven acts enumerated in sub-clause (a) and the eighth act of selling or giving on commercial rental or offering for sale or for commercial rental any copy of the computer programme. Insofar as the seven acts that are set out in sub-clause (a) are concerned, they all delineate how the exclusive right that is with the owner of the copyright, may be parted with, i.e., if there is any parting with the right to reproduce the work in any material form; the right to issue copies of the work to the public, not being copies already in circulation; the right to perform the work in public or communicate it to the public; the right to make any cinematograph film or sound recording in respect of the work; the right to make any translation of the work; the right to make any adaptation of the work; or the right to do any of the specified acts in relation to a translation or an adaptation. In essence, such right is referred to as copyright, and includes the right to reproduce the work in any material form, issue copies of the work to the public, perform the work in public, or make translations or adaptations of the work. This is made even clearer by the definition of an 'infringing copy' contained in section 2(m) of the Copyright Act, which in relation to a computer programme, i.e., a literary work, means reproduction of the said work. Thus, the right to reproduce a computer programme and exploit the reproduction by way of sale, transfer, license, etc., is at the heart of the said exclusive right. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

Ownership of Copyright in a Work is Different from the Ownership of the Physical Material

Kush Kalra

Copyright is an intangible, incorporeal right, in the nature of a privilege, which is quite independent of any material substance. Ownership of copyright in a work is different from the ownership of the physical material in which the copyrighted work may happen to be embodied. The Learned Author explores this differentiation in the present write up.

1. Introduction

The expression 'copyright' has not been defined separately in the 'definitions' section of the Copyright Act, yet, section 14 makes it clear that 'copyright' means the 'exclusive right', subject to the provisions of the Act, to do or authorise the doing of certain acts 'in respect of a work'. When an 'author' in relation to a 'literary work', which includes a 'computer programme', creates such work, such author has the exclusive right, subject to the provisions of the Copyright Act, to do or authorise the doing of several acts in respect of such work or any substantial part thereof. In the case of a computer programme, section 14(b) specifically speaks of two sets of acts - the seven acts enumerated in sub-clause (a) and the eighth act of selling or giving on commercial rental or offering for sale or for commercial rental any copy of the computer programme. Insofar as the seven acts that are set out in sub-clause (a) are concerned, they all delineate how the exclusive right that is with the owner of the copyright, may be parted with, i.e., if there is any parting with the right to reproduce the work in any material form; the right to issue copies of the work to the public, not being copies already in circulation; the right to perform the work in public or communicate it to the public; the right to make any cinematograph film or sound recording in respect of the work; the right to make any translation of the work; the right to make any adaptation of the work; or the right to do any of the specified acts in relation to a translation or an adaptation. In essence, such right is referred to as copyright, and includes the right to reproduce the work in any material form, issue copies of the work to the public, perform the work in public, or make translations or adaptations of the work. This is made even clearer by the definition of an 'infringing copy' contained in section 2(m) of the Copyright Act, which in relation to a computer programme, i.e., a literary work, means reproduction of the said work. Thus, the right to reproduce a computer programme and exploit the reproduction by way of sale, transfer, license, etc., is at the heart of the said exclusive right.