Copyright India

Copyright Judgments in India

Landmark judgments on copyright laws in India as been explained in detail here i.e Copyright Infringement judgments, Copyright owners rights, Creative works legal value, Copyright and licensing rights
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    Important Copyright Judgments

    # B.K. Dani v/s State of M.P:
    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

    # Exphar SA & Anr v Eupharma Laboratories Ltd & Anr:
    Remedy in the case of groundless threat of legal proceedings as par section 60 of the Copyright Act

    # Gramophone Co. of India Ltd. v/s Birendra Bahadur Pandey:
    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 Copyright.

    # Sulamangalam R. Jayalakshmi v. Meta Musicals:
    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.

    # Vicco Laboratories v. Art Commercial Advertising Pvt. Ltd:
    The plaintiff has objected but did not take any action. It was rightly held that the plaintiff has no title over the serial

    # Indian Performing Right Society Ltd v/s. Eastern India Motion Picture Association:
    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

    # Brooke Bond India Limited vs Balaji Tea (India) Pvt. Ltd - Factors considered in determining Copyright infringement

    # R.G Anand vs M/S. Delux Films & Ors - determining copyright infringement:
    . 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.

    Copyright Registration in India

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    Some more Important Copyright Judgments are as follows:

    # Eastern Book company v Navin J.Desai
    # Godrej Soaps (P) Ltd v Dora Cosmetics Co
    # Caterpillar Inc v Kailash Nichani
    # Jhareswar Prasad Paul & Anr v/s Tarak Nath Ganguly & Ors
    # Jolen Inc v Shoban Lal Jain
    # Lal Babu Priyadarshi v Badshah Industries
    # Lachhman Das Behari Lal v Padam Trading Co
    # David Pon Pandian v State
    # Gramophone Co. of India Ltd, v, Mars recording Pvt. Ltd
    # Shree Devendra Somabhai Naik v Accurate Transheet Pvt Ltd
    # Ushodaya Enterprises Ltd v T.V. Venugopal
    # Khajanchi Film Exchange v state of MP

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