ES प्रतिलिप्याधिकार का प्रथम स्वामी कौन होता है? उसके अधिकारों का वर्णन

 

First Owner of Copyrights & Their Rights

1. First Owner of Copyrights

The first owner of copyright is typically the author or creator of an original work. According to Section 17 of the Copyright Act, 1957 (India) and similar provisions in other jurisdictions, the first owner depends on the nature of creation and the agreement between parties.

However, there are exceptions where ownership does not automatically vest with the author:

• Work done under employment – If an employee creates a work during the course of employment, the employer may be the first owner.
• Work commissioned – If a work is specifically commissioned (e.g., a portrait), ownership may lie with the commissioning party if agreed upon.
• Government work – Works created under the direction of the government may be owned by the government.

2. Rights of the First Owner of Copyrights

The first owner enjoys exclusive rights, which include:

A. Economic Rights

1. Right of Reproduction – The owner can reproduce the work in any material form.
2. Right of Distribution – The owner can distribute copies of the work commercially.
3. Right of Public Performance – The owner can publicly perform the work (e.g., in music or theatre).
4. Right of Adaptation – The owner can adapt the work into different forms (e.g., a novel into a screenplay).
5. Right of Translation – The owner can translate the work into different languages.
6. Right of Communication to the Public – The owner can make the work available online or through other media.

B. Moral Rights

1. Right of Attribution (Paternity Right) – The author has the right to be credited for their work.
2. Right to Integrity – The author can object to any distortion or modification that harms their reputation.

C. Transferability of Rights

• The first owner can transfer copyrights through assignment or licensing, subject to the terms of the Copyright Act.
• Moral rights cannot be transferred but remain with the author even after assignment.