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Salil Kumar Adv   05 September 2023

Copy Right of a book

who will have the copy right of a book, whether to the author or to the publishing company ?


 5 Replies

T. Kalaiselvan, Advocate (Advocate)     06 September 2023

Ordinarily the author is the first owner of copyright in a work.

Copyright protects the rights of authors, i.e., creators of intellectual property in the form of literary, musical, dramatic and artistic works and cinematograph films and sound recordings.

Dr. J C Vashista (Advocate and Legal Consultant)     06 September 2023

It's reserved with "author" and not "publisher", till the copy right is purchased or agreed to be retained by "publisher" as it is the intellectual properietory of "author".

Hardeep (Business)     06 September 2023

Initially with the creator, then with those he assigns it to. Note that the assignment can be limited. For example, only the translation rights of a book may be assigned. Or it may be without any restrictions. Draft your agreements carefully ! DM for a review.

Udbhav Mehta   06 September 2023

According to Section 17 of the Copyright Act of 1957, the author is the first owner of a copyright but the author also has the option to sign an agreement or contract to transfer these rights to a publishing company. The rights seceded can be complete or partial. Section 17 a) and c) talk about copyrights in the case of a work made in the course of the author's employment under a contract of service or apprenticeship and suggest that the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright.

To file a copyright, go to:

You could visit this government handbook for other basic information about copyrights:

Hardeep (Business)     07 September 2023

Correct. Any IP created under a contract of employment as part of the job will normally be construed in the favor of the employer unless specific agreement sets out the contrary. To be more sure still, the Emplyment Contract will usually spell it out.

Situation gets more complex if IP may be construed as "not part of the job" .

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