[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. While section 17(a) of the Copyright Act deals specifically
with newspapers, etc.,[1] section 17(c) deals with this the broader
case[2], 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
[1]: Under s.17(a), newspapers don't hold all copyright, but only "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".
[2]: s.17(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 first owner of the
copyright therein;
--
Pranesh Prakash · Programme Manager · Centre for Internet and Society
PGP: 0x1D5C5F07 · @pranesh_prakash · http://cis-india.org
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