Copyright Act 1957

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S. 20] COPYRIGHT ACT, 1957 (d) in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein ; (e) in the case of a work to which the provisions of Sec. 41 apply, the international organization concerned shall be the first owner of the copyright therein. Comments Copyrights of music composer-Scope of.-It is crystal clear that the rights of a music......composer or lyricist can be defeated by the producer of a cinematograph film in the manner laid down in provisos (6) and (c) of Sec. 17 of the Act. First owner of copyright in a cinematograph film.--As laid down by the Supreme Court in the case of the Indian Performing Right Society Ltd. v. Eastern India Motion Pictures, 2 when a cinematograph film producer commissions a composer of music or a lyricist for reward or valuable consideration for the purpose of making his cinematograph film or composing music or lyric therefor, i.e., the sounds for incorporation or absorption in the sound track associated with the film, which are included in a cinematograph film, he becomes the first owner of the copyright therein and no copyright subsists in the composer of the lyric or music so composed unless there is a contract to the contrary between the composer of the lyric or music on the one hand and the producer of the cinematograph film on the other.3 18. Assignment of copyright.-(1) The owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof: Provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence. (2) Where the assignee of a copyright becomes entitled to any right comprised in the copyright, the assignee as respects the rights so assigned, and the assignor as respects the rights not assigned, shall be treated for the purposes of this Act as the owner of copyright and the provisions of this Act shall have effect accordingly. (3) In this section, the expression "assignee" as respects the assignment of the copyright in any future work includes the legal representatives of the assignee, if the assignee dies before the work comes into existence. 19. Mode of assignment.-No assignment of the copyright in any work shall be valid unless it is in writing signed by the assignor or by his duly authorized agent. 20. Transmission of copyright in manuscript by testamentary disposition.-Where under a bequest a person is entitled to the manuscript of a literary, dramatic or musical work, or to an artistic work, and the work was not published before the death of the testator, the bequest shall, unless the contrary intention is indicated in the testator's will or any codicil thereto. be construed as including the copyright in the work in so far as the testator was the owner of the copyright immediately before his death. 1. Indian Performing Right Society Ltd. 3. Eastern India Motion Pictures o. Per 0. Eastern India Motion Picture Association, forming Right Society Ltd., A. I. R. A. I. R. 1977 S. C. 1443 at p. 1452. Cal 477 at p, 482. 2. A.I.R. 1977 S.C. 1443, C.A.-2