‘author’, as defined in s.2(d), in relation to a musical work, is only the composer and s. 16 confies ‘copyright’ to those works which are recognised by the Act. This means that the composer alone has copyright in a musical work. The singer has none.

Excerpt: copyrighted music is not the soulful tune, the superb singing, the glorious voice or the wonderful render- ing. It is the melody or harmony reduced to print, writing or graphic form. The Indian music lovers throng to listen and be enthralled or enchanted by the nada brahma, the sweet concord of sounds, the rags, … Continue reading ‘author’, as defined in s.2(d), in relation to a musical work, is only the composer and s. 16 confies ‘copyright’ to those works which are recognised by the Act. This means that the composer alone has copyright in a musical work. The singer has none.

Video Master vs Nishi Productions

Excerpt: Bombay High Court Video Master vs Nishi Productions on 21 October, 1997 Author: A Sakhare Bench: A Sakhare ORDER A.Y. Sakhare, J. 1. By this motion, plaintiffs are praying for various reliefs in respect of cinematography film "BEES SAAL BAAD". 2. Plaintiffs have filed this suit for declaration that plaintiff No. I has sole … Continue reading Video Master vs Nishi Productions

Radio Today Broadcasting Ltd vs Indian Performing Rights Society

Excerpt: The definition of quia timet, borrowed from Black's, means a legal doctrine that allows a person to seek equitable relief from future probable harm to a specific right or interest. Therefore, such equitable relief can be granted to a person, provided he can successfully demonstrate before a Court that his fears in this regard … Continue reading Radio Today Broadcasting Ltd vs Indian Performing Rights Society

The exploitation of the film must be through the media of video exploitation only and no other media and method of exploitation. T.V. rights and video rights are totally different categories and not improved version of the rights.

Excerpt: video rights covers in itself exploitation of the film through the media of video, VHS tapes, VCD's or DVD's or any other advanced version of tape but the exploitation of the film must be through the media of video exploitation only and no other media and method of exploitation. T.V. rights and video rights … Continue reading The exploitation of the film must be through the media of video exploitation only and no other media and method of exploitation. T.V. rights and video rights are totally different categories and not improved version of the rights.

Associated Publishers (Madras) … vs K. Bashyam Alias ‘Arya’ And Anr.

Excerpt: Madras High Court Associated Publishers (Madras) ... vs K. Bashyam Alias 'Arya' And Anr. on 22 April, 1960 Equivalent citations: AIR 1961 Mad 114 Author: Rajamannar Bench: P Rajamannar, Veeraswami JUDGMENT Rajamannar, C.J. 1. This is an appeal from the judgment of Balakrishna Aiyar, J. in a suit C. S. No. 19 of 1952, … Continue reading Associated Publishers (Madras) … vs K. Bashyam Alias ‘Arya’ And Anr.

Fortune Films International vs Dev Anand And Anr

Excerpt: Bombay High Court Fortune Films International vs Dev Anand And Anr. on 14 March, 1978 Equivalent citations: AIR 1979 Bom 17, (1978) 80 BOMLR 263 Author: Desai Bench: Kantawala, Desai JUDGMENT Desai, J. 1. This appeal is from the order of Gadgil J. dated 3rd January 1978 made on the plaintiff's Notice of Motion, … Continue reading Fortune Films International vs Dev Anand And Anr

if there is intellectual contribution by two or more persons pursuant to a reconverted joint design, to the composition of a literary work then those persons have to be regarded as joint authors.

Excerpt:A literary work consists of matter or material or subject which is expressed in a language and is written down. Both the subject matter and the language are important. It is difficult to comprehend, or to accept, that when two people agree to produce a work where one provides the material, on his own, and … Continue reading if there is intellectual contribution by two or more persons pursuant to a reconverted joint design, to the composition of a literary work then those persons have to be regarded as joint authors.

K.I. George And Anr. vs C. Cheriyan And Ors.

Excerpt: the plaintiff is claiming exclusive rights to the exclusion of all others to reproduce the pictures it would appear that such right will come within the definition of 'exclusive licence' as defined in the Act and not the violation of a term in a contract. As such the ordinary civil court has no jurisdiction … Continue reading K.I. George And Anr. vs C. Cheriyan And Ors.

Garware Plastics And Polyester … vs Telelink And Ors

Excerpt: In a given case, whether in respect of a particular film, the copyright to show the film on Cable T.V. network has been assigned by the owner of the copyright to anybody else or not, will depend upon the nature of the agreement which is arrived at. If there is no agreement assigning such … Continue reading Garware Plastics And Polyester … vs Telelink And Ors

merely by correcting certain typographical or grammatical mistakes in the raw source and by adding commas, full stops and by giving paragraph numbers to the judgment will not makethe work entitled toprotection under the Copyright Act.

Excerpt:  merely by correcting certain typographical or grammatical mistakes in the raw source and by adding commas, full stops and by giving paragraph numbers to the judgment will not their work as the original literary work entitled to protection under the Copyright Act. Plaintiffs, therefore, have no copyright in the judgments published in their law reports. … Continue reading merely by correcting certain typographical or grammatical mistakes in the raw source and by adding commas, full stops and by giving paragraph numbers to the judgment will not makethe work entitled toprotection under the Copyright Act.