Can a copyright owner be different from a content creator?

Yes.

Generally, the author of the work, i.e., the content creator, is the owner of the copyright, but there are certain exceptions depending on the type of work, such as:

• Literary and artistic work – author of the work is the copyright owner unless the work has been created in the course of employment or has been created under a contract of service

• Photograph – the photographer is the copyright owner unless the photograph has been taken in the course of employment or has been created under a contract of service

• Cinematographic Film and Sound Recordings – Usually, the producer of the film or sound recording commissions actors, music composers, lyricists etc., for creating work to be incorporated in the film or sound recording. In such cases, the copyright rests with the producer.

Illustration: Sheela has been toying with an idea for her next reel on Instagram. She writes the script, decides on the elements to feature in the reel, including photographs taken by her, produces and performs the script, puts up the recording as a reel on Instagram. Sheela is the copyright owner of this reel. She is also the copyright owner of the photographs used in the reel.

If she takes photos from a third-party source, she will not have a copyright in such photographs.