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Copyright law in India

Music Registration as par Copyright Act in India

First owner of copyright, assignment of copyright, when copyright infringed, violation of copyright, certain acts not to be infringement of copyright, sound recording copyright, remedy in the case of groundless threat of legal proceedings, jurisdiction of court, offence of infringement of copyright
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Copyright Act, 1957

Section 14 states the meaning of copyright

Music composer - Right of.-The rights of a music composer or lyricist can be defeated by the producer of a cinematograph film in the manner laid down I provisions (b) and (c) of Section 170f the Act. Indian Performing Right Society, Ltd. v. Eastern India Motion Picture Association

Section 17 states First owner of copyright

Suit for declaration of title and permanent injunction.-In a suit for declaration of title and permanent injunction the plaintiff is claiming title to Television serial on ground that the serial was produced by the defendant as agent plaintiff. The pleading and the evidence showing that the defendant was not agent of plaintiff. The amount paid by the plaintiff to the defendant was fixed price for sponsoring serial is not the cost of production of serial. In such aspects the defendant is not liable to tender accounts to plaintiff. The defendant was shown as producer in titles of each episodes of the serial. The plaintiff has objected but did not take any action. It was rightly held that the plaintiff has no title over the serial. Vicco Laboratories v. Art Commercial Advertising Pvt.Ltd

Section 18 states Assignment of copyright

Copyright-Renouncement of.-Kandha Guru Kavacham written by Santhanandha Swamigal as claimed by the plaintiffs and as seen from the documents filed along with the plaint is a literary work within the meaning of Section 2(0) of the Act. Merely because he is a Swamigal having renounced the world, he cannot be compelled to renounce his copyright too. Sulamangalam R. Jayalakshmi v. Meta Musicals

Declaration and injunction-Prayer for-As per Section 14( 1 )(d)(ii) of the Copyright Act the producer as the original owner, has the right on date of assignment in favour of the plaintiff. The 2nd defendant cannot claim a right which was not contemplated at the time of original assignment in the year 1961. In these circumstances for the above reasons the plaintiff has acquired video and TV rights in respect of Tamil talkie picture titled Pasamalar and the prayer of the plaintif for declaration and injunction has to be granted. Raj video Vision v. K. Mohanakrishnan, AIR 1998 Mad294atp. 299.

Section 51 states When copyright infringed

Ad interim injunction-Grant of.-The rights of copyright owners are adequately protected. Balance of convenience lies in favour of grant of ad interim injunction to the plaintiffs and unless the defendants are restrained by grant of ad interim injunction, irreparable injury or loss which cannot be estimated in terms of money, will be caused to the plaintiffs. The application under Order XXXIX, Rules 1 and 2, CPC was allowed and the defendants are hereby restrained :from manufacturing, selling or offering for sale of the Pick-N-Carry Mobile Cranes that are substantial imitation or reproduction of the industrial drawings of the plaintiffs or from using in any other manner whatsoever the technical: know-how, specifications or drawings of the plaintiffs till disposal of the suit, ECE, Ltd. v/s action Construction Equipment Pvt. Ltd AIR 1999 Del 73 at p. 83

Meaning of word "import".-In interpreting the word "import" in the Copyright Act, not more must be taken of, of the fact that while the positive requirement of the Copyright Conventions is to protect copyright, negatively also, the transit Trade Convention and the bilateral Treaty make exceptions enabling the transit State to take measure to protect Gramophone Co. of India Ltd. v/s Birendra Bahadur Pandey

Violation of copyright-Determination of.-There can be no copyright in an idea, subject matter, themselves, plots or historical or legendary facts and violation of the copyright in such cases in confined to the form, manner and arrangement and expression of the idea by the author of the copyright worm. Where the same idea is being developed in a different manner, it is manifest that the source being common, similarities are bound to occur. In such a case the courts should determine whether or not the similarities are on fundamental or substantial aspects of the mode of expression adopted in the copyright work. If the defendant's work is nothing but a literal imitation of the copyright work with some variations here and there it would amount to violation of the copyright. In other words, in order to be actionable the copy must be a substantial and material one which at once leads to the conclusion that the defendant is guilty of an act of piracy, Anand R.G, v/s M/ s. Delux Films

Section 52 states that Certain acts not to be infringement of copyright

Sound recording copyright.-In sound recording copyright one has to comply with the provisions of Section 51 (l)U)(ii) and one has to make payment regarding recording and for circulating record cassettes. Gramophone Co. of India Ltd, v, Mars recording Pvt. Ltd

Section 60 states

Remedy in the case of groundless threat of legal proceedings
Scope of.-A "cease and desist" notice in a copyright action cannot particularly in view of Section 60 of the Act, be termed to be a mere notice. Such a threat may give rise to the right to institute a suit to counter such threat and to ask for :relief on the ground that the alleged infringement to which the threat related was not in fact an infringement of any legal right of the person making such Threat. Exphar SA & Anr v Eupharma Laboratories Ltd & Anr

Section 62 states Jurisdiction of court over matters arising under this Chapter

Jurisdiction of Court.-Jurisdiction of Court under Section 62 is wider =':an that of the Court as prescribed under Civil Procedure Code, District Court .::as jurisdiction within the local limits on whose at the time of institution of the other proceedings or where there are more than one such person, any of them actually and voluntarily resides or carries on business or personal works for gain. Exphar SA & Anr v Eupharma Laboratories Ltd & Anr

The jurisdiction for the purposes of Section 62 is wider than that of the Court as prescribed under the Code of Civil Procedure, 1908.Exphar SA & Anr v Eupharma Laboratories Ltd & Anr

Section 63 states Offence of infringement of copyright or other rights conferred by this Act

Infringement of Copyright.-Under the Act of 1957, the registration of the book with the Registrar of Copyrights is a condition for acquiring copyright respect to it. A copyright in a book now is secured only if it is an original Compilation and has been duly registered according to provisions of 1957 Act.

Once it is so registered the author is deemed to acquire properly right in it. The right arising from the registration of the book can be the subject matter of civil or criminal remedy, so that without it the author can have no rights nor remedies though his work may be original one. B.K. Dani v/s State of M.P

The contempt jurisdiction should be confined to the question whether has been any deliberate disobedience of the order of the court and if the conduct of the party who is alleged to have committed such disobedience is contumacious. The court exercising contempt jurisdiction is not entitled to enter into questions which have not been dealt with and decided in the judgment or order, violation of which is alleged by the applicant. Jhareswar Prasad Paul & Anr v/s Tarak Nath Ganguly & Ors

Copyright protection in literary work, Book, scripts, screenplay, novels, lyrics: A detailed explanation is given here on what exactly is protected by law in case of literary works.

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