Eastern Book Company & Ors vs D.B. Modak & Anr

Excerpt: Supreme Court of India Eastern Book Company & Ors vs D.B. Modak & Anr on 12 December, 2007 Author: P Naolekar Bench: B.N. Agrawal, P.P. Naolekar CASE NO.: Appeal (civil) 6472 of 2004 PETITIONER: Eastern Book Company & Ors. RESPONDENT: D.B. Modak & Anr. DATE OF JUDGMENT: 12/12/2007 BENCH: B.N. AGRAWAL & P.P. NAOLEKAR … Continue reading Eastern Book Company & Ors vs D.B. Modak & Anr

A. Sundarasan vs A.C. Thirulokchandar And Anr.

Excerpt: Madras High Court A. Sundarasan vs A.C. Thirulokchandar And Anr. on 11 February, 1971 Equivalent citations: (1973) 2 MLJ 290 Author: S Maharajan JUDGMENT S. Maharajan, J. 1. The plaintiff sues for declaration that he is the owner of the copyright in a Tamil story, 'nazhuval' written by him, for a permanent injunction restraining … Continue reading A. Sundarasan vs A.C. Thirulokchandar And Anr.

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

M/S. Entertainment Network … vs M/S. Super Cassettee Industries

Excerpt: Supreme Court of India M/S. Entertainment Network ... vs M/S. Super Cassettee Industries ... on 16 May, 2008 Author: S Sinha Bench: S.B. Sinha, Lokeshwar Singh Panta REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5114 OF 2005 M/s Entertainment Network (India) Ltd. ... Appellant Versus M/s Super Cassette … Continue reading M/S. Entertainment Network … vs M/S. Super Cassettee Industries

‘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

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

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.

The unjust enrichment or illegal profits by the infringing party by way of impinging upon the copyright of the other person cannot be permitted. This is why Section 55 of the Copy Right Act empowers the Court by way of civil remedy

Excerpt:    The unjust enrichment or illegal profits by the infringing party by way of impinging upon the copy right of the other person cannot be permitted. This is why Section 55 of the Copy Right Act empowers the Court by way of civil remedy against infringement of the copy right. By virtue of these … Continue reading The unjust enrichment or illegal profits by the infringing party by way of impinging upon the copyright of the other person cannot be permitted. This is why Section 55 of the Copy Right Act empowers the Court by way of civil remedy

A joint owner can not, without the consent of the other joint owner, grant a license or interest in the copyright

Excerpt: A joint owner can not, without the consent of the other joint owner, grant a license or interest in the copyright. If a license is granted by one joint owner without the consent of the other, it does not bind the former and the other joint owner can sue the licensee for infringement Allahabad … Continue reading A joint owner can not, without the consent of the other joint owner, grant a license or interest in the copyright