Principle In case where the government is a party the government shall be the first owner of the nbs...........

Legal Reasoning Others

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 contrary.

Facts: The Government of the State of X entered into an agreement with a retired Professor of Botany. The Professor agreed to write a text book on Botany. The Government agreed to pay a sum of Rs. Ten Lacs to the Professor for this work.

The Government of the State of X shall be first owner of copyright in the text book

The Professor shall be first owner of copyright in the text book

Both the Government of the State of X and the Professor shall be the joint owners of copyright in the text book

The Professor shall be first owner of copyright in the text book only if he refuses to accept the amount of Rs. Ten Lacs from the Government

Explanation:

Since government is party to this agreement, they are the first owner of the copyright in the work, as there was no agreement to the contrary by the professor. Since in the contract there is no intent to the contrary, the government shall be the first owner.