American Express Bank Ltd. V. Ms. Priya Puri

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The court clarified that for American Express to claim copyright over their ex-employee’s work, the bank should have abridged, arranged or done something material in the public domain to claim exclusive rights over it.

Further, in the case of a photograph taken, or a painting or portrait drawn, or an engraving or a cinematograph film made, for valuable consideration at the instance of any person, such person shall (in the absence of any agreement to the contrary) be the first owner of the copyright therein. Also, in the case12 of a work made in the course of the author’s employment under a contract of service or apprenticeship, to which the above-mentioned two situations do not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein.