[email protected] [2012-03-16 10:54]:
> On Friday 16 March 2012 03:08:44 Pranesh Prakash wrote:
>> 1. Copyright for anything written in the course of employment (i.e., as
>> part of employment) vests with the employer, unless there is a contract
>> to the contrary.
> 
> Not exactly. If it is a newspaper, periodical or similar publishing house, in 
> matters relating to reproduction for publication, the newspaper, periodical, 
> publishing house holds copyright. In all other matters copyrights rests with 
> the author.

Not so.  Section 17 of the Copyright Act deals with this, and it applies
to all employment.  (Note: consultancy is not employment, and is treated
differently, and this applies whether it is code or op-eds.  This is the
work of hire vs. work for hire distinction.)

> Thus, (imo) incase of plagiarism or use for some other creative / non print 
> publication or expression, it would be the author who has to object or 
> provide permissions.

Moral rights ("author's special rights" in section 57 of the Copyright
Act) always vest with the author.


> What about govt / university funded research, which  Vickram has raised.

If it is produced as part of the person's employment at the university,
by default the copyright in it vests in the university.

~ Pranesh

-- 
Pranesh Prakash · Programme Manager · Centre for Internet and Society
PGP: 0x1D5C5F07 · @pranesh_prakash  · http://cis-india.org

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