Tuesday, January 26, 2010

Copyright Act, 1957
Section 52(l)(m) — Copyrights of scripts, books, publications re-publication of the works of E.V. Ramasami (Popularly called as Periyar)
HELD The author of Kudiyarasu, i.e. Late Periyar, was the owner and the articles published in the newspapers mostly related to the then existed economical, political, social and religious topics. Therefore, unless the author had expressly reserved his right of reproduction, no copyright will vest with anyone as reproduction of such articles cannot constitute an infringement of copyright as per Section 52(l)(m) .
Reproduction in a newspaper, magazine or other periodical . Unless the author had expressly reserved his right of reproduction, no copyright will vest with anyone as reproduction of such articles cannot constitute an infringement of copyright . Copyright in literary materials can only be an intellectual property and there has to be material to show that it was specially assigned—No written or other materials to show that a copyright reserved by author of those articles and that he also assigned it in favour of the plaintiff . Unless it is shown that they intend to reproduce pre-existing works, an order of injunction cannot be granted on the basis of apprehension and unsubstantiated allegations . Plaintiff failed to establish any ownership of the copy right in their favour and a corresponding infringement of copyright on the part of the respondents. Application for interim injunction, dismissed.

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Copyright Act, 1957
Section 63 — Plaintiff engaged in the business of manufacturing and marketing audio cassettes, video cassettes, compact disks, televisions, CD Players, fans, mineral water and various other products . Defendant illegally exploiting the sound recordings as well as the lyrics, musical compositions and music videos that are copyrights of the plaintiff . Defendants in continued breach of the plaintiffs copyrights and are seeking to unfairly gain an advantage over other Cable TV operators who have recognized the plaintiffs copyrights and have entered into valid public performance license agreements
HELD "I hereby restrain permanently all the other defendants, their officers, servants, agents and representatives and anyone acting for or on their behalf from engaging themselves or authorizing the public performance or communicating to the public or in any other way exploiting films, sound recordings and literary works (lyrics) and musical positions or other work or part thereof of the plaintiff."

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