If an employee works for an employer and he/she creates a literary, dramatic, musical, recording or artistic work during the course of employment than still the employer will be considered to be the first owner of work, unless otherwise mentioned in the contract of employment.
The commissioner of the work is considered to be the first owner of the work in many of the cases. A commissioner is a person who generally pays fees or commission on the work created by another person.
Owner of the work generally enjoys two types of rights. economic rights and moral rights. Economic rights as the term economic connotes that the owner is entitled to gain financial incentives and rewards by utilizing its work. These rights mainly encompasses of the right to authorize and prohibit the reproduction, distribution, translation, adaptation (conversion of a written novel into a movie), public performance and broadcasting of the work in any form. Usually, if the author allows for exploiting his work than the economic rights can be transferred to the user by writing an agreement, in return for a compensation which can either be a lump-sum payment or a percentage of revenue generated each time the work is utilized. Once the economic rights have been transferred, the owner would still enjoy the moral rights.
The term “moral rights” has been translated from a French term “Droit moral” and it means that the ability of an author to control the eventual fate of their work (Rosenblatt, 1998). The first .moral right for the author is to be identified as the owner or author of the created work whenever the work is published commercially, performed in front of a public or broadcasted through a media. Moreover, the identification made by the user should be explicit and clear. .