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

‘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.

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

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.

Jagdish Prasad Gupta vs Parmeshwar Prasad Singh And Ors

Excerpt: Patna High Court Jagdish Prasad Gupta vs Parmeshwar Prasad Singh And Ors. on 30 March, 1965 Equivalent citations: AIR 1966 Pat 33, 1966 CriLJ 54 Author: T Nath Bench: T Nath ORDER Tarkeshwar Nath, J. 1. These are three applications directed against separate orders dated 1-6-1963 passed by the Sub-divisional Magistrate, Sadar Patna, dismissing … Continue reading Jagdish Prasad Gupta vs Parmeshwar Prasad Singh And Ors

the copyright in the question papers set for the High School and Intermediate examinations belongs to the paper-setters;

Excerpt: The 'literary works' referred to in Section 13 of the Indian Copyright Act 1.957, are not confined to works of literature in the commonly understood sense, but must be taken to include all works expressed in writing, whether they have any literary merit or not. This is clear from the definition given in Section 2(o) of … Continue reading the copyright in the question papers set for the High School and Intermediate examinations belongs to the paper-setters;