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ARTICLE · 03 JULY 2017

First Owner Of Copyright

Unlike trade mark where the person who has coined the mark is not generally known, identified or mentioned during the registration or enforcement action, the author plays a significant role and finds specific mention during both registration and enforcement action.

IndiaIntellectual Property
N. Mahabir
N. Mahabir
  1. Copyright is a sui generis right, a right which exists immediately upon its creation.    Therefore, this right is very closely associated with the author of the work.  Unlike trade mark where the person who has coined the mark is not generally known, identified or mentioned during the registration or enforcement action, the author plays a significant role and finds specific mention during both registration and enforcement action.
  1. In certain kinds of work, the author is considered as the first owner of the work, whereas in certain other kinds of work the producer of the work is considered as the first author of the work. It is therefore significant that there should be written assignment or other documents in place so that copyright is properly acquired from the author of the work.

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