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Question

PRINCIPLE: In case where the Government is a party, the Government, shall be the first owner of the copyright in the work unless there is an agreement to the country.
FACTS: The Government of the State of X entered into an agreement with a retired Professor of Botany. The Professor agreed to write a textbook on Botany. The Government agreed to pay a sum of Rs. 10,00,000 to the Professor for this work.

A
The Government of the State of X shall be first owner of copyright in the textbook
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B
The Professor shall be first owner of copyright in the textbook
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C
Both the Government of the State of X and the Professor shall be the joint owners of copyright in the textbook
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D
The Professor shall be the first owner of copyright in the textbook only if he refuses to accept the amount of RS. 10,00,000 from the Government
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Solution

The correct option is A The Government of the State of X shall be first owner of copyright in the textbook
Section 17(d) of Copyright Act 1957, if in any agreement, government is the party, then it should also be the first owner of the copyright work. Hence in the mentioned case, Government has entered in an agreement with a Botany professor for a Botany textbook. Hence in the copyrighting the work, Government will be the first owner. The correct answer is A.

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