3.It is difficult to understand from the plaint or from the
Notice of Motion of what it is precisely that the unregistered
Association claims authorship. At different times different things
are said. For instance, the plaint proceeds on the footing that this
unregistered swajan is the owner of copyright in the entire
production. That simply cannot be. The unregistered association is
not the author of the dramatic work. It is not even its producer,
though that would make no difference in respect of a dramatic
work. Under the provisions of the Copyright Act, a dramatic work
is distinctly defined. In addition, by definition, the author for the
purposes of the Copyright Act, in relation to a literary or a dramatic
work, and this is by the Plaintiffs’ own admission a dramatic work,
is the author of that work. Now, Section 17 of the Copyright Act
defines the first owner of copyright. In regard to an dramatic work
this is covered by proviso (a) read with proviso (c) of Section 17. It
is clear that as regards a dramatic work, the Plaintiff cannot be the
first author of that work. It is not the Plaintiffs’ case anywhere that
the Plaintiffs were the employers of any person who is the author of
this dramatic work.
