Section 17 of the Copyright Act, 1957 - First Owner of Copyright
Section 17 states the general rule that the author of a work is the first owner of copyright, subject to the Copyright Act, 1957 and the specific exceptions set out in the section. The provision is important for determining initial ownership before questions of assignment, licensing or transmission arise.
Updated: 21 September 2026
Meaning and scope of Section 17
The expression first owner of copyright identifies the person or entity in whom copyright initially vests when the work is created. As a general rule, that person is the author. Section 17 then creates exceptions for specified employment, commissioned works, public speeches, Government works, public undertakings and works connected with certain international organisations.
Agreement to the contrary: Several exceptions in Section 17 expressly operate only in the absence of an agreement to the contrary. The terms of the employment, commission or other contract can therefore be important when deciding initial ownership.
Main exceptions under Section 17
Newspapers, magazines and similar periodicals
Where a literary, dramatic or artistic work is made in the course of employment by the proprietor of a newspaper, magazine or similar periodical for publication in that periodical, the proprietor is ordinarily the first owner for the specified publication and reproduction purposes. In other respects, the author remains the first owner, unless there is an agreement to the contrary.
Commissioned photographs, portraits, engravings and cinematograph films
Subject to clause (a), where the categories of work specified in clause (b) are made for valuable consideration at the instance of another person, that person is the first owner in the absence of an agreement to the contrary. The final proviso to Section 17 preserves the rights of authors of works referred to in Section 13(1)(a) when those works are incorporated in a cinematograph film.
Works created in employment
For a work made in the course of employment under a contract of service or apprenticeship, where clauses (a) and (b) do not apply, the employer is generally the first owner in the absence of an agreement to the contrary.
Public speeches and addresses
For an address or speech delivered in public, the person delivering it is generally the first owner. If it is delivered on behalf of another person, that other person is the first owner, subject to the terms of clause (cc).
Government works, public undertakings and international organisations
Government is the first owner of copyright in a Government work unless there is an agreement to the contrary. A public undertaking is similarly the first owner of a work made or first published by or under its direction or control, subject to the statutory definition. For a work to which Section 41 applies, the international organisation concerned is the first owner.
Text of Section 17 - First owner of copyright
17. 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 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 author's 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;
(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 the employment circumstances described in the clause;
(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;
(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 clause (dd) and Section 28A, "public undertaking" includes an undertaking owned or controlled by Government, a Government company within the statutory description, and a body corporate established by or under a 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.
Further proviso: In the case of any work incorporated in a cinematograph work, clauses (b) and (c) do not affect the right of the author in the work referred to in Section 13(1)(a).
For authoritative wording and amendment history, refer to the official consolidated text of the Copyright Act, 1957. The explanatory material on this page is intended to assist reading of the provision and does not replace the statutory text.
Related provisions
Section 17 should be read with Section 13 - works in which copyright subsists, Section 14 - meaning of copyright, Section 18 - assignment of copyright, and Section 19 - mode of assignment.