Page 68 - Copyright 101_latest
P. 68

CREA TIVEFIRST                                            COPYRIGHT 101

                   (ii)  to sell or give on commercial rental or offer for sale or for
                        such rental, any copy of the sound recording;]

                   (iii)  to communicate the sound recording to the public.



   Section 17     First owner of copyright - Subject to the provisions of this Act, the
                  author of a work shall be the  rst owner of the copyright therein:
                  Provided that—


                  (a)  in the case of a literary, dramatic or artistic work made by the
                     author in the course of his employment by the proprietor of a
                     newspaper, magazine or similar periodical under a contract of
                     service or apprenticeship, for the purpose of publication in a
                     newspaper, magazine or similar periodical, the said proprietor
                     shall, in the absence of any agreement to the contrary, be the
                      rst owner of the copyright in the work in so far as the copyright
                     relates to the publication of the work in any newspaper,
                     magazine or similar periodical, or to the reproduction of the work
                     for the purpose of its being so published, but in all other
                     respects the author shall be the  rst owner of the copyright in
                     the work;

                  (b)  subject to the provisions of clause (a), in the case of a
                     photograph taken, or a painting or portrait drawn, or an
                     engraving or a cinematograph  lm made, for valuable
                     consideration at the instance of any person, such person shall, in
                     the absence of any agreement to the contrary, be the  rst owner
                     of the copyright therein;

                  (c)  in the case of a work made in the course of the author’s
                     employment under a contract of service or apprenticeship, to
                     which clause (a) or clause (b) does not apply, the employer shall,
                     in the absence of any agreement to the contrary, be the  rst
                     owner of the copyright therein;

                  (cc)  in the case of any address or speech delivered in public, the
                     person who has delivered such address or speech or if such



                                                                         6  4
   63   64   65   66   67   68   69   70   71   72   73