First owner of copyright
Section 17 of the Copyright Act, 1957 deals with first owner of copyright. Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein: Provided that-- (a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical The Act came into force on 21 Jan 1958.
Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:
Provided that--
(a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work;
(b) subject to the provisions of clause (a), in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;
(c) in the case of a work made in the course of the authors employment under a contract of service or apprenticeship, to which clause (a) or clause (b) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;
1[(cc) in the case of any address or speech delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright therein notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered;]
(d) in the case of a Government work, Government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein;
1[(dd) in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.
Explanation.-- For the purpose of this clause and section 28A, public undertaking means--
(i) an undertaking owned or controlled by Government; or
(ii) a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956); or
(iii) a body corporate established by or under any Central, Provincial or State Act;]
(e) in the case of a work to which the provisions of section 41 apply, the international organisation concerned shall be the first owner of the copyright therein.
2[ Provided that in case of any work incorporated in a cinematograph work, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13.]
Section 17, The Copyright Act, 1957 (Act 14 of 1957).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 5
- Andhra Pradesh Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act s. 8 Letter of consent
- s. 41 Provisions as to works of certain international organisations
- s. 53A Resale share right in original copies
- Sikkim Cinemas (Regulation) Act s. 5
- Telangana Exhibition of Films on Television Screen through Video Cassette Recorders (Regulation) Act s. 22
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vicco Laboratories & Anr. v. Art Commercia Advertising Pvt. Ltd. & Ors.
Court's Decision & Legal Precedent
Copyright Act s.17 first-ownership of a TV serial does not vest in a sponsor who merely pays a fixed sponsorship price to link advertisements: Vicco failed to prove that Art Commercia produced Yeh Jo Hai Zindagi as Vicco’s agent/employee, for valuable consideration at Vicco’s instance, or under s.17(b)/(c); Doordarshan recognised Art Commercia as producer and Vicco only as sponsor, so the s.17 claim failed and the SLP was dismissed.
On this section: True
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Time Warner Entertainment Company, L.P. & Ors. v. RPG Netcom & Ors.
Court's Decision & Legal Precedent
Copyright Act s.16 bars any claim to copyright or similar right otherwise than under the Act (or then-existing statute): Del HC DB held Hollywood studios cannot obtain omnibus injunctions for unproduced future cinematograph films under a common-law/tort theory because s.16 (read with the 1911 Act s.31 abrogation of common-law copyright) confines remedies to the statutory scheme.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… There is no evidence filed in respect of so called change of name and amalgamation of Media Communication Services. In the absence of any evidence to show that plaintiff is the party to Ex.P4, the plaintiff is not entitled to any relief under Section 17(b) of Copyright Act. To acquire claim in copy right written agreement is necessary. But, on perusal of documents and case on record, there is no nexus between the plaintiff and Ex.P4. Hence, the claim of the plaintiff to acquire right under Ex.P4 cannot be countenanced. 11. Ex.D1 to D3 are also xerox copies. …
Questions about Section 17
What have the courts held on Section 17 of the Copyright Act?
Vicco Laboratories & Anr. v. Art Commercia Advertising Pvt. Ltd. & Ors. (13 Aug 2001) is the leading judgment on this section among those set out below: True. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2001 to 2007.
How do I find court cases under Section 17 of the Copyright Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Copyright Act 17, section 17 Copyright Act, section 17 of the Copyright Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Vicco Laboratories & Anr. v. Art Commercia Advertising Pvt. Ltd. & Ors. (13 Aug 2001).
What should I read with Section 17 of the Copyright Act, and has it changed?
Its own text turns on section 13 (Works in which copyright subsists), section 28A (Term of copyright in works of public undertakings), section 41 (Provisions as to works of certain international organisations), so none of them can safely be read on its own. 5 other provisions in this corpus refer back to it.
When did Section 17 of the Copyright Act come into force?
Section 17 of the Copyright Act, cited as Copyright Act 17, came into force on 21 Jan 1958, having been enacted on 04 Jun 1957. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.