Copyright Act, 1963

Ownership of copyright in literary, dramatic, musical and artistic works.

10.—(1) Subject to the provisions of this section, the author of an original literary, dramatic, musical or artistic work shall be entitled to any copyright subsisting in the work by virtue of this Part of this Act.

(2) Where a literary, dramatic or artistic work is 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, and is so made for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall be entitled to the copyright in the work in so far, but only in so far, as it relates to publication of the work in a newspaper, magazine or similar periodical, or to its reproduction for the purpose of its being so published; but in all other respects the author shall be entitled to the copyright.

(3) Subject to the provisions of subsection (2) of this section, where a person commissions the taking of a photograph, or the painting or drawing of a portrait, or the making of an engraving, and pays or agrees to pay for it in money or money's worth, and the work is made in pursuance of that commission, the person who commissioned the work shall be entitled to any copyright subsisting therein by virtue of this Part of this Act.

(4) Where, in any case other than that mentioned either in subsection (2) or (3) of this section, a work is made in the course of the author's employment by another person under a contract of service or apprenticeship, that other person shall be entitled to any copyright subsisting therein by virtue of this Part of this Act.

(5) Each of the subsections (2), (3) and (4) of this section shall have effect subject, in any particular case, to any agreement excluding the operation thereof in that case.

(6) The preceding provisions of this section shall have effect subject to the provisions of Part VII of this Act.