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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Arjun, an employee of a Chennai software firm, writes a programme in the course of his employment under a contract of service, with no contrary agreement. Who is the first owner of copyright in the programme?

The employer is the first owner. When a literary work such as software is created by an employee in the course of employment under a contract of service, the Copyright Act makes the employer first owner unless there is an agreement to the contrary.

  1. AArjun, as the author of the programme
  2. BThe employer, as the first owner under the Copyright Act, 1957Correct
  3. CBoth jointly in equal shares
  4. DThe Government, as owner of all software copyright

Explanation

Under the Act, where a work is made in the course of employment under a contract of service, the employer is the first owner in the absence of an agreement to the contrary. Arjun is the author but not the first owner, so the first option is wrong.

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