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...that is to say (a) original literary, dramatic, musical and artistic works; (b) cinematograph films; and (c) records, but shall not subsist in any work other than a work to which the provisions of Section 40 or Section 41 apply, unless, in the case of a published work, the work is first published in India, or where the work is first published outside India, the author is at the date of such publication, or in a case where the author was dead, at that date, was at the time of his death, a citizen of India; in the case of an unpublished work other than an architectural work of art, the author is at the date of the making of the work a citizen of India or domiciled in India; and in the case of an architectural work of art, the work is located in India. There is an explanation also, which says: "In the case of a work of joint authorship, the conditions conferring copyright specified in this sub-section shall be satisfied by all the authors of the work.
For the purposes of this chapter, unless the context otherwise requires, the expression 'owner of copyright' shall include-
a. an exclusive licensee;
b. in the case of an anonymous or pseudonymous literary, dramatic musical or artistic work, the publisher of the work, until the identity of the author or, in the case of an anonymous work of joint authorship, or a work of joint authorship published under names all of which are pseudonyms, the identity of any of the authors, is disclosed publicly by the author and the publisher or is otherwise established to the satisfaction of the Copyright Board by that author or his legal representatives.
(iii) by way of trade exhibits in public, or,
(iv) imports into India, any infringing copies of the work:
Provided that nothing in Sub-clause (iv) shall apply to the import of two copies of any work, other than a cinematograph film or record, for the private and domestic use of the importer. Explanation: For the purposes of this section, the reproduction of a literary, dramatic, musical or artistic work in the form of a cinematograph film shall be deemed to be an 'infringing copy.
These provisions do show that when the author of the work is known, he is the owner and has got the exclusive right. If the author has assigned to someone or has given a licence, that someone is the owner. However, if no such person is known and the work is anonymous or pseudonymous, the ownership has to be found in the publisher of the work until the identity of the author or the identity of any of the authors in the case of joint authorship, is disclosed publicly by the author and the publisher or is otherwise established to the satisfaction of the Copyright Board or by that author or his legal representatives. Civil remedies for infringement of copyright are remedies by way of injunction, damages, accounts and otherwise as are or may be conferred by law for infringement of a right (see Section 55 of the Copyright Act, 1957). When a person come to Court claiming relief on the allegation of infringement of copyright and he is the author, or the owner of the copyright, he says so and alleges the particular right and its violation. In paragraph 8 of the plaint, the plaintiff has said: