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May 09 2011

Sholay Media and Entertainment Pvt Ltd. and anr. Vs. Vodafone Esssar M ...

Court : Delhi

Decided on : May-09-2011

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Section 18

track on digital and mobile platform continue to vest in the plaintiff company. 6. Section 18 of the Copyright Act, 1957, which has not been amended at any point of time, to the extent it is relevant, provides that

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Jun 21 2012

J.Surendran Vs. Mrs.Sudha Vijayakumar

Court : Chennai

Decided on : Jun-21-2012

Subject : Civil

Acts : Copyright Act, 1957 - Section 18, 55, 62; Code of Civil Procedure,(CPC) 1908 - Order 7 Rule 1; Hindu Succession Act, 1956 - Section 15(1), 15(2)(a) or (b)

to claim such right for a particular time would cause extinction of the right of the assignee under section 18 of the Copyright Act, 1957. Having succeeded to the same as the sole legal heir of late Dr.M.G.Ramachandran, … O S Rules r/w Order VII Rule 1 of CPC read with sections 55 and 62 of the Copyright Act, 1957 for a judgment and decree a) for a declaration, declaring that the plaintiff is the absolute and exclusive

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Apr 28 1995

Sunil Aggarwal and anr. Vs. Kum Kum Tandon and ors.

Court : Delhi

Decided on : Apr-28-1995

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1; Copyright Act, 1957 - Sections 18

Reported in : 1995IIAD(Delhi)627; 1995(33)DRJ599

the plaintiffs providing them with the requisite locus standi and cause of action. (10) Section 18 of the Copyright Act, 1957 confers ownership rights in a copyright on the assignee. The term `assignment' is not defined. The only requisites

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Aug 13 2008

Shemaroo Entertainment Pvt. Ltd. Vs. Afzal Khan, Proprietor of Shaboo ...

Court : Mumbai

Decided on : Aug-13-2008

Subject : Intellectual Property Rights

Acts : Companies Act; Copyright Act, 1957 - Sections 18, 18(1) and 19; High Court (Original Side) Rules - Rule 147

Reported in : (2008)110BOMLR3346; LC2008(3)340

relief.10. In order to appreciate the rival contentions, it is necessary to consider the relevant provisions of the Copyright Act, 1957. Section 18 of the Copyright Act lays down the conditions of assignment. Proviso to Section 18 Sub-clause (1) in clear

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Jul 13 1971

Srimagal and Co. Vs. Books (India) Pvt. Ltd. and ors.

Court : Chennai

Decided on : Jul-13-1971

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 18, 19 and 30

Reported in : AIR1973Mad49

Two points are urged by the appellant, one based on Section 19 read with Section 18 of the Copyright Act, 1957 and the other as to the quantum of damages. On the first, the contention is that whereas Section

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Apr 19 1966

Agarwala Publishing House Vs. Board of High School and Intermediate Ed ...

Court : Allahabad

Decided on : Apr-19-1966

Subject : Intellectual Property Rights

Acts : Uttar Pradesh Intermediate Education Act, 1921 - Sections 15; Copyright Act, 1957 - Sections 2, 13, 17 and 18

Reported in : AIR1967All91

musical or artistic works', and therefore do not come within the purview of Section 13 of the Indian Copyright Act, 1957. 3. Even if there is any copyright in such a question paper, it belongs to the author (i.e. … and then goes on to make provision for assignment of the copyright, in conformity with the provisions of Section 18 of the Copyright Act.5. The second contention of Mr. Khare, viz. that no copyright can exist in examination

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Jul 20 1990

K.A. Venugopala Setty Vs. Dr. Suryakantha U. Kamath

Court : Karnataka

Decided on : Jul-20-1990

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 18 and 19A; Copyright (Amendment) Act, 1983

Reported in : AIR1992Kant1

that oral assignment is not permissible in the light of the provision contained in Sec. 19 of the Copyright Act, 1957 (hereinafter referred to as the 'Act'). The trial court has also held that as the defendant tried to … necessarily arises for consideration is as to whether such an oral agreement is permissible and valid in law. Section 18 of the Act provides for 'Assignment of copyright'. It reads thus :'18(1) : The owner of the copyright

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Mar 14 1978

Fortune Films International Vs. Dev Anand and anr.

Court : Mumbai

Decided on : Mar-14-1978

Subject : Media and CommunicationIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 13(4), 14, 16, 17, 18, 19, 30, 55 and 55(1); Copyright Act, 1911 - Sections 35; Copyright Act, 1956 - Sections 48(1); Constitution of India - Article 133(1)

Reported in : AIR1979Bom17; (1978)80BOMLR263

the motion picture would belong to the producers. (3) [t was submitted that under the provisions of the Copyright Act, 1957, the copyright in a cine artiste's performance was not any 'work' which was protected and, therefore, despite the … to the contrary be the first owner of the copyright therein.' Sections 18 and 19 deal with the assignments of copyright and under Section 19 … 'work' as therein defined and if the works indicated in the definition of 'work' to be found in Section 2(y) of the Copyright Act properly considered, only 'work' which is tangible in nature was protected. It was

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May 15 2007

Time Warner Entertainment Company, L.P. and ors. Vs. Rpg Netcom and or ...

Court : Delhi

Decided on : May-15-2007

Subject : Civil

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 16, 18, 55, 144, 165 and 556; Copyright Act, 1911 - Sections 2, 16, 17, 18, 31, 55, 177, 188 and 309; Specific Relief Act, 1963 - Sections 38(3) and 3810

Reported in : AIR2007Delhi226; 140(2007)DLT758; 2007(34)PTC668(Del)

companies, agents, franchises or distributors.3. The appellants-plaintiffs in the plaint have alleged violation of the provisions of the Copyright Act, 1957 (hereinafter referred to as the Actor short) by the defendant/ respondent. It is alleged that the appellants-plaintiffs are … films which have not yet been produced and will be made in future. Learned Single Judge referred to Section 18 of the Act and held that copyright in a cinematographic film comes into existence only after the film

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Mar 22 2006

Anwar Mohammad Khan Son of Sri Niyamatullah Khan Vs. Sri Taj Mohammad ...

Court : Allahabad

Decided on : Mar-22-2006

Subject : Intellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 9, 11, 12, 19, 27, 28, 29, 31, 71, 78, 79, 105, 106 and 159; Copyright Act, 1957 - Sections 63; Indian Penal Code (IPC) - Sections 420, 485, 486 and 487; Trade Marks Act, 1999 - Sections 18, 19, 21, 22, 23, 27, 27(1), 27(2), 124, 124(5), 134, 134(1), 135 and 135(2); Specific Relief Act, 1963 - Sections 36 to 42; Code of Civil Procedure (CPC) - Sections 151 - Order 39, Rules 1 and 2 - Order 41, Rule 22(1)

Reported in : 2006(3)AWC2166

registered at number 611689 (subsequently corrected as 611389) under the Trade and Merchandise Marks Act, 1958 and the Copyright Act, 1957 and the plaintiff No. 1- respondent Taj Mohammad Khan assigned the said trade mark and Copyright 'Ped Chhap … mark much prior to the trademark in question of the defendant-appellant. An application-dated 8.11.1993 had been moved under Section 18 of the Act, 1999 for registration of the trade mark by the respondent-plaintiffs in the prescribed manner. The

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