Nature of the aforesaid exclusive right or rights varies according to the type of work or works. Grouping of the said works run as under:
Copyright dwells in literary, dramatic, musical and artistic works. It is also found in a cinematograph film and in the case of a record, CD, DVD etc.
A photograph - good,bad, or otherwise - falls into the group in an artistic work. The exclusive rights afforded to the owner under the 1957 Act go as follows:
1. to reproduce the work in any material form;
2. to publish the work;
3. to include the work in any cinematograph film (not to mix cinematograph film and photograph - both are different -and here we concentrate on photographs taken by still cameras and handicams.)
4. to make any adaption of work;
5. to do in relation to an adaptation of the work.-any of the acts specified in relation to the work in sl.no. 1 to 3 above.....besides this copyright is a statutory right. It is an intellectual property right. And offence against it can be set right under the Act and its provisions.
It is obvious that such a right vests in someone and that someone is classified as the owner of such right. AS far as photography is concerned Section 02(d)(iv) states that in relation to a photograph, the person taking the photograph, ''remains its author''.
If a photograph taken in a studio of a client of the photographer, though the client has paid the charges, he cannot claim to handover the film or CD to him by the photographer, unless he had a contract in writing with the photographer about his/her photographs...The copyright vests into the photographer.