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

Ravi, an employee of Sundaram Software Pvt Ltd in Chennai, writes a software program during working hours under a contract of service, with no agreement to the contrary. Who is the first owner of the copyright in the program under the Copyright Act, 1957?

The employer, Sundaram Software Pvt Ltd, is the first owner. Where a literary work such as software is created in the course of employment under a contract of service, and no contrary agreement exists, the Copyright Act makes the employer the first owner instead of the author.

  1. ARavi, because the author is always the first owner
  2. BThe employer, Sundaram Software Pvt Ltd, as the work was made in the course of employment under a contract of serviceCorrect
  3. CThe Government of India, as software is a national asset
  4. DRavi and the employer jointly in equal shares

Explanation

For literary works (including software) made in the course of employment under a contract of service, the employer is the first owner in the absence of a contrary agreement. The option naming Ravi ignores this employment exception.

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