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

First Owner of Copyright and His Rights

1. Who is the First Owner of Copyright?

Copyright refers to the exclusive legal rights granted to the creator of an original work, including literary, artistic, musical, and cinematographic works. The first owner of copyright is the original author or creator of the work, as per Section 17 of the Copyright Act, 1957.

Legal Definition (Section 17, Copyright Act, 1957)

"The author of a work shall be the first owner of the copyright, except where the work is created under certain contractual obligations."

Who is Considered the First Owner?

• For literary, dramatic, musical, and artistic works – The author/creator is the first owner.
• For photographs – The photographer is the first owner.
• For cinematographic films and sound recordings – The producer is the first owner.
• For computer programs – The programmer or company creating the software owns the copyright.

Exceptions: When the First Owner is Not the Author

• Work Done in the Course of Employment – If an employee creates a work as part of their job, the employer becomes the first owner.
• Government Work – If a work is created under a government contract, the government is the first owner.
• Commissioned Work – If a work is created under contract (e.g., a portrait painting for a client), the commissioner may own the copyright if agreed in writing.

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2. Rights of the First Owner of Copyright

The first owner of copyright enjoys exclusive rights, which include:

(i) Right of Reproduction (Section 14(a)(i))

• The owner has the exclusive right to copy or reproduce the work in any form.
• Example: An author can print, publish, or convert a book into an e-book.

(ii) Right of Communication to the Public (Section 14(a)(ii))

• The owner can publicly share or broadcast the work.
• Example: A musician can release their song on YouTube or Spotify.

(iii) Right of Adaptation (Section 14(a)(iv))

• The owner can adapt the work into another form.
• Example: A novel can be adapted into a movie, play, or audiobook.

(iv) Right of Translation (Section 14(a)(v))

• The owner can translate the work into another language.
• Example: A Hindi novel can be translated into English or Spanish.

(v) Right of Distribution (Section 14(a)(vi))

• The owner can sell or distribute copies of the work commercially.

(vi) Right of Performance (Section 14(a)(iii))

• The owner can perform or allow performances of the work in public.
• Example: A playwright can authorize theatrical performances.

(vii) Right to License or Assign the Work (Section 18)

• The owner can sell or transfer copyright to another person or entity.
• Example: A photographer sells image rights to a media company.

(viii) Right Against Infringement (Section 51)

• The owner can take legal action against anyone who copies or distributes their work without permission.

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3. Conclusion

The first owner of copyright is usually the original creator, but in some cases, an employer, government, or client may own the rights. Copyright owners enjoy exclusive legal rights to reproduce, distribute, adapt, and protect their work, ensuring economic benefits and creative control.