Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

Ownership of Copyright and Assignment under the Copyright Act

Updated 11 October 2026 · Fact-checked

The author is the first owner of copyright (Section 17), except where the Act gives it to an employer, a newspaper proprietor, a person who commissions a work, the Government or a public undertaking. The owner can later assign copyright, wholly or partly, under Section 18. Solve questions by finding the work type, the facts and any contrary agreement.

Understand Ownership of Copyright and Assignment

Copyright starts with the person who creates the work. Section 17 says the author is the first owner, but it is stated to be subject to the other provisions of the Act. It then lists exceptions. These exceptions are the most examined part of the topic.

Each exception usually applies only in the absence of any agreement to the contrary. So a written contract can change the result. The exceptions are:

Newspaper or magazine: a work made by an author employed under a contract of service or apprenticeship, for publication in a newspaper, magazine or similar periodical. The proprietor owns the copyright only for publication in that periodical, or reproduction for that purpose. In all other respects the author is the first owner.
Commissioned works: a photograph taken, painting or portrait drawn, engraving made, or cinematograph film made, for valuable consideration at the instance of a person. That person is the first owner.
Employment: a work made in the course of employment under a contract of service or apprenticeship, where the two clauses above do not apply. The employer is the first owner.
Speech or address delivered in public: the speaker is the first owner. If the speaker delivers it on behalf of another person, that other person is the first owner. This holds even if the speaker is employed by someone who arranged the speech.
Government work: the Government is the first owner.
Public undertaking: for a work made or first published by or under its direction or control, the public undertaking is the first owner.
International organisations: for works to which Section 41 applies, the international organisation is the first owner.

There is also a protection for authors in cinema. Where a work is incorporated in a cinematograph work, the commissioned-work and employment rules do not affect the author's right in the literary, dramatic or musical work under Section 13(1)(a).

Ownership can then move by assignment under Section 18. The owner of an existing work, or the prospective owner of a future work, may assign the copyright wholly or partly. The assignment may be general or subject to limitations. It may be for the whole term or for part of it. An assignment of a future work takes effect only when the work comes into existence.

After a partial assignment, the assignee is treated as owner for the rights assigned, and the assignor as owner for the rights not assigned. An assignment does not extend to a medium or mode of exploitation that did not exist, or was not in commercial use, when the assignment was made, unless the assignment specifically refers to it. Authors of literary or musical works in films or sound recordings keep a non-assignable right to a share of royalties, except to legal heirs or a copyright society.

Key rules to remember

General rule on first owner: First owner = author of the work; Section 17, subject to the Act's other provisions and the exceptions in its provisos.
Employment rule: Work made in the course of employment under a contract of service or apprenticeship → employer is first owner; Applies only where the newspaper and commissioned-work rules do not apply, and only if there is no agreement to the contrary.
Newspaper rule: Proprietor owns only the right of publication in the periodical (and reproduction for that purpose); the author owns the rest; Needs a contract of service or apprenticeship and a work made for publication in a newspaper, magazine or similar periodical.
Commissioned work rule: Photograph / painting / portrait / engraving / cinematograph film made for valuable consideration at the instance of a person → that person is first owner; Limited to these listed works. Absence of contrary agreement is required.
Assignment: Owner (or prospective owner) may assign wholly or partly, generally or with limits, for the whole term or part of it; Section 18(1). A future work's assignment takes effect only when the work comes into existence.
New media rule: Assignment does not cover a medium or mode not existing or not in commercial use at the time, unless specifically referred to; Second proviso to Section 18(1).
Revocation of assignment: No revocation order within five years from the date of assignment; the Commercial Court may revoke if the assignee fails to exercise the rights sufficiently, and the failure is not due to the assignor; Section 19A. Where the assignor is also the author, revocation needs the terms to be harsh to the assignor.

How to solve Ownership of Copyright and Assignment questions

Use this order for any question on who owns a work or whether an assignment is valid.

1Identify the work: literary, dramatic, musical, artistic, photograph, film, speech, or a Government or public undertaking work.
2Identify the relationship: is the creator an employee under a contract of service or apprenticeship, or an independent person engaged and paid for the work?
3Check Section 17 provisos in order: newspaper, then commissioned work, then employment, then speech, Government, public undertaking, and international organisation.
4Look for any agreement to the contrary. If there is one, it overrides the default rule, where the proviso allows it.
5If the question is about assignment, check what was assigned, the extent of rights, the duration and whether the work existed at the time of assignment.
6Apply the Section 18 rules: future works, new media and royalty rights of authors in films and sound recordings.
7If there is a dispute or non-use, consider Section 19A and the five-year bar.
8Write the conclusion naming the first owner or the effect of the assignment, citing the section.

Quickest way: Three-question ownership check

When to use it: Use for short fact-based questions where you must name the owner in a few minutes.

Ask: was the work made in a job (contract of service) or on a paid commission?
Ask: is it a newspaper work, a photograph, painting, portrait, engraving or film, or a Government or public undertaking work?
Ask: is there a contrary agreement? If none, apply the matching proviso. If nothing matches, the author is the first owner.
For assignment, ask: what rights, how long, and does the work exist yet?

Common mistakes in Ownership of Copyright and Assignment

Saying the employer always owns work made by an employee.
Students remember the employment rule and forget the newspaper exception.
Fix: Check the newspaper rule first. For a periodical, the employer owns only publication rights. Also confirm there is a contract of service and no contrary agreement.
Treating a freelancer as an employee.
Students ignore the words contract of service or apprenticeship.
Fix: An independent contractor is not covered by the employment clause. Check whether the work falls under the commissioned-work clause. If not, the author is the first owner.
Applying the commissioned-work rule to any commissioned work, such as software code or a book.
The word commissioned feels general.
Fix: The rule covers only a photograph, painting or portrait, engraving or cinematograph film. Other works stay with the author unless assigned.
Forgetting the phrase absence of any agreement to the contrary.
Students memorise the outcome and drop the condition.
Fix: State the condition in every answer. Say the person is the first owner unless the parties have agreed otherwise.
Believing a future work assignment is effective immediately.
The contract is signed before the work exists.
Fix: Under Section 18(1) proviso, it takes effect only when the work comes into existence.
Saying a court can revoke an assignment at any time.
Students recall revocation but miss the limits.
Fix: Section 19A bars revocation orders within five years of the assignment. For an author-assignor, the terms must also be harsh to the assignor.

Worked examples

Example 1

Rohan is a staff reporter at a Mumbai daily newspaper under a contract of service. He writes a feature article for the paper. His employment contract has no clause on copyright. Later he wants to include the article in his own book. Who owns the copyright?

Show the solution

The work is a literary work made by Rohan in the course of employment under a contract of service, for publication in a newspaper.
Section 17 proviso (a) applies, and it takes priority over the general employment rule.
With no agreement to the contrary, the proprietor is the first owner only for publication in a newspaper, magazine or similar periodical, or reproduction for that purpose.
In all other respects, Rohan is the first owner.
Publishing in a book is not publication in a periodical, so that right stays with Rohan.

Answer: The proprietor owns the copyright only for publication in the newspaper or similar periodical and reproduction for that purpose. Rohan is the first owner for all other uses, so he may include the article in his book, subject to any agreement to the contrary.

Example 2

Meera, a Pune businesswoman, pays Karan, a professional photographer, to photograph her wedding. There is no written agreement about copyright. Karan later assigns to Meera all copyright in a wedding album he has not yet prepared. Who is the first owner of the photographs, and when does the assignment of the album take effect?

Show the solution

The photographs were taken for valuable consideration at Meera's instance.
Section 17 proviso (b) applies. Absent any agreement to the contrary, the person at whose instance the photograph is taken is the first owner.
Karan is not an employee, so the employment rule is not needed.
The album is a future work. Under Section 18(1) proviso, an assignment of a future work takes effect only when the work comes into existence.
So the assignment of the album takes effect only when the album comes into existence.

Answer: Meera is the first owner of the photographs under Section 17 proviso (b), as there is no contrary agreement. The assignment of the album copyright takes effect only when the album comes into existence, under Section 18(1).

Exam tips

Learn the Section 17 provisos as a list of seven situations and attach the keyword to each: periodical, commissioned, employment, speech, Government, public undertaking, international organisation.
Always write the phrase in the absence of any agreement to the contrary where the proviso uses it, and test the facts for such an agreement.
Distinguish contract of service from contract for services in your analysis. It decides most employment questions.
For assignment questions, mention the extent, duration and territory points under Section 18, and the future work and new-medium provisos.
Use the ICSI answer shape: the provision, the facts applied, then a one-line conclusion citing the section.

Practice questions from Law relating to Copyright

Ownership of Copyright and Assignment: frequently asked questions

Who is the first owner of copyright under Section 17?

The author is the first owner, subject to the Act's provisions. The provisos give first ownership to others in specific cases, such as employers, persons who commission certain works, the Government and public undertakings.

Can copyright be assigned partially?

Yes. Section 18(1) allows assignment wholly or partially, generally or subject to limitations, and for the whole term or part of it. After a partial assignment, the assignee owns the assigned rights and the assignor owns the rest.

What is the difference between assignment and licence of copyright?

An assignment transfers ownership of the assigned rights to the assignee, who is then treated as owner for those rights under Section 18(2). A licence gives permission to use the work without transferring ownership. Licences are covered in a separate topic.

Can an assignment of copyright be revoked?

Under Section 19A, the Commercial Court may revoke an assignment if the assignee fails to make sufficient use of the rights and the failure is not due to the assignor. No revocation order can be made within five years of the assignment. Where the assignor is the author, the terms must be harsh to the assignor.

Does the employer always own work made by an employee?

No. The employment rule applies only to work made in the course of employment under a contract of service or apprenticeship, and only if there is no agreement to the contrary. The newspaper proviso gives the proprietor only limited rights.