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Author Topic: Use of one line of poem as a slogan for commercial use  (Read 894 times)

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Offline brijesh1286

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Use of one line of poem as a slogan for commercial use
« on: January 17, 2018, 05:41:54 AM »
I used one line "Mai Ishq Likhoon, Tum Banaras Samajhna" as a slogan for printing t-shirts that I sell in the market. Later on, one person contacted me claiming that this is a line from a poem written by him which is copyrighted. He further stated that I can't use the line and I need to withdraw all my t-shirts from the market.  If I don't do so, he would file a case in court against me.

Can he really file a case as I'm using only one line (thought I wasn't aware)?
What should I do in this situation?

Offline advjaibansal

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Re: Use of one line of poem as a slogan for commercial use
« Reply #1 on: January 17, 2018, 06:26:01 AM »
Dear Sir,

Even if you use one line from the Poem, he can sue you for infringement of copy right. Please do not print more t-shirts in future. Request him that u will not print more and dispose all the t-shirts with you by selling in the market with his request.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline kalaskarkk

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Re: Use of one line of poem as a slogan for commercial use
« Reply #2 on: January 18, 2018, 06:00:16 AM »
Dear friend,

Let him prove in the court. Whether he has registered that poem or book under the relevant provisions of Copy Rights Act. Ask him to go to Court. Nothing to worry. Continue your business. Be sure that he is not in the same business. On the other hand it is ppopularising his name, free of cost, if he has really written, and he must be thankful to you.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
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kalaskarnetra@gmail.com
Call me for clarification

Offline copyrightact

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Re: Use of one line of poem as a slogan for commercial use
« Reply #3 on: January 18, 2018, 09:42:01 AM »
Dear Friend,
you have used one line "Mai Ishq Likhoon, Tum Banaras Samajhna" of poem. Poet is the author of poem and he/she is an exclusive licensee/owner of his copyright work. You cannot reproduce,copy,bulk production or embodying copyrighted work. copyright includes only lyricist, artistic, dramatic, musical, sound recording and cinematographic work only.

You have used lyricist work only by written on T-shirts. you have not speak such words by speaking or perform in publicly to get profit. Speaking or perform such line publicly or use/copy it in public place for profit, it is infringement of copyright. so you can written same logo on your T-shirts. If slogan was not registered under TM.
Finally you can use it or go to court.

Offline brijesh1286

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Re: Use of one line of poem as a slogan for commercial use
« Reply #4 on: January 19, 2018, 08:16:36 AM »
Dear friend,

Let him prove in the court. Whether he has registered that poem or book under the relevant provisions of Copy Rights Act. Ask him to go to Court. Nothing to worry. Continue your business. Be sure that he is not in the same business. On the other hand it is ppopularising his name, free of cost, if he has really written, and he must be thankful to you.


Thanks a lot Sir. It was really helpful.... :)

Offline advocate-lyngdoh

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Re: Use of one line of poem as a slogan for commercial use
« Reply #5 on: February 22, 2018, 06:22:09 AM »
Using one line in a product can be termed as "FAIR USE".

since you are not selling the poem rather u are using a part of it in another trade will not bring this under infringement.

I see no problem as of now.
Advocate Lyngdoh
Laitumkhrah, Shillong

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