Copyright eBook: Appendix | India
Mistake 1 - Thinking you own copyright if you pay someone to produce work for you.
Ordinarily the author is the first owner of copyright in a work.
In the case of a photograph taken, or a painting or portrait drawn, etc, for valuable consideration at the request of any person, that person shall, in the absence of any agreement to the contrary, be the first owner of the copyright.
If you commission someone then you will be the first owner of copyright.
Mistake 2 - assuming using freelancers is the same as using employees.
In the case of a work made by an author in the course of his employment under a contract of service or apprenticeship, the employer is the first owner of the copyright.
If the freelancer is commissioned then the employer will become the first owner. Otherwise, if the work does not classify as being commissioned then the author shall be the first owner of the copyright in the work.
Mistake 3 - not understanding that joint ownership could leave you in a stalemate situation.
Work of joint authorship means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors.
It is not clear how ownership of the work is split or whether agreement is needed by all authors to exploit copyright.
Register Copyright?
Copyright comes into existence as soon as a work is created and no formality is required to be completed for acquiring it. However, a certificate of registration of copyright can be used as evidence in a court of law in case of dispute relating to ownership of copyright.
Assignment Formalities
It must be in writing, and signed by or on behalf of the copyright owner. Additionally the letter must identify the specific works, specify the rights assigned, and the duration and territorial extent of such assignment. It must also specify the amount of royalties payable, if any, to the author.
However, if the assignee does not exercise the rights assigned to him within one year from the date of assignment, the assignment of such rights shall be deemed to have lapsed after the expiry otherwise specified in the assignment.
