Copyright Act 1957

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COPYRIGHT ACT, 1957 [S. 15 (d) in the case of a record, to do or authorize the doing of any of the following acts by utilizing the record, namely : (i) to make any other record embodying the same recording ; (ii) to cause the recording embodied in the record to be heard in public ; (iii) to communicate the recording embodied in the record by radio-diffusion. (2) Any reference in sub-section (1) to the doing of any act in relation to a work or a translation or an adaptation thereof shall include a reference to the doing of that act in relation to a substantial part thereof. 15. Special provision regarding copyright in designs registered or capable of being registered under the Indian Patents and Designs Act, 1911.(1) Copyright shall not subsist under this Act in any design which is registered under the Indian Patents and Designs Act, 1911 (2 of 1911). (2) Copyright in any design, which is capable of being registered under the Indian Patents and Designs Act, 1911 (2 of 1911) but which has not been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright or, with his licence, by any other person. 16. No copyright except as provided in this Act.-No person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act or of any other law for the time being in force, but nothing in this section shall be construed as abrogating any right or jurisdiction to restrain a breach of trust or confidence. CHAPTER IV Ownership of Copyright and the Rights of the Owner 17. First owner of copyright.-Subject to the provisions of this Act, the author of a work shall be the first 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 first 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 first owner of the copyright in the work ; (b) subject to the provisions of Cl. (a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first 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 of apprenticeship, to which ci. (a) or Cl. (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein ;