Question

In the case of a work made or first published by or under the direction or control of any public undertaking, _____ shall,in the absence of any agreement to the contrary,be the first owner of the copyright therein.

• A. Government
• B. Such public undertaking
• C. Both (A) and (B)
• D. None of the above

Answer 1

The Correct Option is B

The Correct Option is (B): Such public undertaking.

Answer 2

The question asks who is treated as the first owner of copyright when a work is made or first published by or under the direction or control of a public undertaking, in the absence of a contrary agreement. Section 17 of the Copyright Act, which deals with first ownership, answers this directly.

1. Government: Section 17(d) of the Copyright Act deals separately with government works, making the government the first owner of works made or published by or under its direction, but the question specifically refers to a public undertaking, not the government itself, so this is not the matching clause.
2. Such public undertaking: Section 17(dd) is the clause on point, it provides that in the case of a work made or first published by or under the direction or control of any public undertaking, that public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright. This mirrors the question word for word.
3. Both (A) and (B): incorrect, because the Act treats government works and public undertaking works as two separate categories under Section 17(d) and 17(dd) respectively, each with its own designated first owner, so it is not both bodies jointly for a single work.
4. None of the above: incorrect, since Section 17(dd) does designate a specific first owner for exactly this situation.

Section 17(dd) is drafted for precisely this scenario, a work made or first published under the direction or control of a public undertaking, and it names that undertaking as the default first owner.

So the correct answer is Such public undertaking.