Section 54 of Copyright Act, 1957 - Definition of Owner of Copyright
Section 54 of the Copyright Act, 1957 forms part of Chapter XII dealing with civil remedies. It gives an extended meaning to the expression "owner of copyright" for the purposes of that Chapter.
- Chapter: XII - Civil Remedies
- Subject: Definition of "owner of copyright"
- An exclusive licensee is included within the expression.
- Special provision applies to anonymous and pseudonymous works.
- The present statutory reference is to the Commercial Court.
Text of Section 54 - Definition
54. Definition. - For the purposes of this Chapter, unless the context otherwise requires, the expression "owner of copyright" shall include -
(a) an exclusive licensee;
(b) in the case of an anonymous or pseudonymous literary, dramatic, musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise established to the satisfaction of the Commercial Court by that author or his legal representatives.
Meaning of Section 54
Section 54 is a definition provision specifically applicable to Chapter XII of the Copyright Act, 1957. Chapter XII contains the statutory provisions relating to civil remedies for infringement of copyright.
The section is important because a person entitled to invoke the civil remedies under the Chapter is not confined in every case to the person who would ordinarily be described as the copyright owner. For the purposes of these remedies, the expression "owner of copyright" is expressly enlarged by Section 54.
Exclusive Licensee under Section 54(a)
Clause (a) expressly includes an exclusive licensee within the expression "owner of copyright" for the purposes of Chapter XII. An exclusive licence is separately defined under the Copyright Act and generally refers to a licence conferring, to the exclusion of all other persons including the owner of copyright, a right comprised in the copyright in a work.
The inclusion of an exclusive licensee is relevant when considering civil enforcement provisions such as Section 55 - Civil remedies for infringement of copyright.
Anonymous and Pseudonymous Works under Section 54(b)
Clause (b) addresses literary, dramatic, musical and artistic works published anonymously or under a pseudonym. In the circumstances specified by Section 54, the publisher is included as the owner of copyright until the relevant author's identity is publicly disclosed or otherwise established in accordance with the provision.
The rule is particularly relevant where the true identity of the author is initially unavailable. It provides a statutory basis for identifying a person who may be treated as the owner for the purposes of the civil remedies contained in Chapter XII.
What is a Commercial Court?
Following the 2021 reforms, the Copyright Act uses the expression "Commercial Court" in provisions where the Appellate Board was previously referred to. For purposes of the Copyright Act, the expression is linked to a Commercial Court constituted under Section 3, or the Commercial Division of a High Court constituted under Section 4, of the Commercial Courts Act, 2015.
Why Section 54 is Important
Section 54 should be read together with the other provisions of Chapter XII. In particular, Section 55 provides civil remedies where copyright has been infringed. Sections 56 to 62 address related matters including separate rights, authors' special rights, infringing copies, groundless threats, necessary parties and jurisdiction.
Accordingly, Section 54 operates as an introductory definition for the civil-remedies framework rather than as a general definition applicable without qualification throughout every provision of the Copyright Act. Its opening words expressly limit the definition to the purposes of Chapter XII unless the context otherwise requires.
Related Copyright Act Provisions
Readers examining infringement and civil remedies may also refer to Section 51 - When copyright is infringed, Section 52 - Certain acts not to be infringement of copyright, Section 53 - Importation of infringing copies, and Section 55 - Civil remedies for infringement of copyright.
Official Copyright Law Resources
For the latest statutory text, rules, notifications and copyright services, refer to the official Government of India resources: