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Question
DIRECTIONS: The question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true. In other words, in answering the following question, you must not rely on any principles except the principle that are given hereinbelow. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest in the study of law, research aptitude, and problem-solving ability.
Principle: In the 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 textbook on Botany. The government agreed to pay a sum of ₹ 10,00,000 to the professor for this work.
Options
The Government of the State of X shall be the first owner of the copyright in the textbook
The professor shall be the first owner of the copyright in the textbook
Both the Government of the State of X and the professor shall be the joint owners of copyright in the textbook
The Professor shall be the first owner of the copyright in the textbook only if he refuses to accept the amount of ₹10,00,000/- from the government
Solution
The Government of the State of X shall be the first owner of the copyright in the textbook
Explanation:
According to the given principle, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary. In this case the government of state X entered into an agreement with a professor to write a book on Botany and agreed to pay him ₹10 lakh. So, according to the principle, the Government of the state of X shall be the first owner of the copyright in the textbook, as there is no other agreement contrary to it.
