Page 17 - Copyright 101_latest

CREA TIVEFIRST COPYRIGHT 101

An author or creator of a work may not always be an owner of the copyright.
Ownership of copyright can be in two forms:

A. First ownership of copyright

Ordinarily, an author is the rst owner of copyright in the work, except in
certain situations such as :

In case of a cinematograph lm made for valuable consideration at
the instance of any person, such person shall be the rst owner of the
copyright therein, provided that no contrary intention is captured in
the agreement between such persons;
For instance, when a producer commissions a writer to write the
script for a cinematograph lm and pays consideration to such writer,
the producer becomes the rst owner of copyright in the works
developed by the writer, unless the agreement between the producer
and the writer states otherwise, i.e., either the writer retains the
ownership of copyright expressly under the agreement or merely
licenses certain rights to the producer without transferring the
ownership.

In the case of a work made in the course of the author’s employment
under a contract of service or apprenticeship, the employer shall, in
the absence of any agreement to the contrary, be the rst owner of
the copyright therein;
For instance, if an employee creates an artwork in the course of
his/her employment for a lm, the employer will be the owner of
such artwork, unless there is any exception made in the agreement
between employer and employee.

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