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Syndicate of the Press of the Universtiy of Cambridge on Behalf of the ...

Court : Delhi

Subject : Civil

Acts : Copyright Act, 1957 - Section 52; Code of Civil Procedure (CPC), 1908 - Section 151 - Oders 26, 39 Rules 9, 1, 2

including plates? 8. Whether the activities of the defendant fall under the concept of fair dealing under the Copyright Act, 1957? OPD 9. Relief. 5. Though the respondents participated in the proceedings upto this stage and by filing the … become.questions to be answered in an examination and therefore, the work in question falls within the scope of section 52(1)(h) of the Indian Copyright Act (hereinafter referred to as the Act'), which provides for doctrine of fair dealing.

Eastern Book Company and ors. Vs. D.B. Modak and anr.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Companies Act, 1956; Copyright Act, 1957 - Sections 2, 13, 13(1), 13(2), 13(3), 14, 14(1), 16F, 16F(4), 17, 51, 52 and 52(1); Uttar Pradesh Copyright (Amendment) Act, 1975; Constitution of India - Articles 10, 15, 15(4), 16(4), 29, 226, 338(3), 340(1), 341 and 342; Terrorist and Disruptive Activities (Prevention) Act - Sections 2, 2(1) and 3(4); Indian Penal Code (IPC) - Sections 2 and 201; Central Excise Tariff Act, 1985; Indian Soldiers (Litigation) Act, 1925; Income Tax Act, 1922 - Sections 34; Income Tax Act, 1961 - Sections 147; Surtax Act, 1964 - Sections 8; Central Excise Act, 1944 - Sections 11B, 11D, 11E, 12A, 12B, 12C and 12D; Copyright (Amendment) Act, 1983; Copyright (Amendment) Act, 1984; Copyright (Amendment) Act, 1994; Copyright Act, 1842

Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237

it constitutes an `original literary work  of the appellants in which copyright subsists under Section 13 of the Copyright Act, 1957 (hereinafter referred to as  the Act ) and thus the appellants alone have the exclusive right to make … act of reproduction of any judgment or order of the Court, Tribunal or any other judicial authority under Section 52(1)(q) of the Act, is not an infringement of the copyright. Any person can, therefore, publish judgments of the

Suneet Varma Design Pvt. Ltd. and anr. Vs. Mr. Jas Kirat Singh Narula ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Indian Copyright Act, 1957 - Sections 2, 3, 13(1), 13(4), 14, 51 and 52(1); Code of Civil Procedure (CPC) - Sections 151 - Order 1, Rule 10(2) - Order 7, Rule 11

Reported in : LC2007(1)175; 2007(34)PTC81(Del)

from the array of parties. This plea is based on the provisions of Section 52(1)(u)(ii) of the Indian Copyright Act, 1957 (hereinafter referred to as 'the Act'), which exempts from infringement of copyright the inclusion in a cinematographic film

Syndicate of the Press of the University of Cambridge on Behalf of the ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 52 and 52(1)

Reported in : LC2009(2)60

material including 'plates'?8. Whether the activities of the defendant fall under the concept of fair dealing under the Copyright Act, 1957? OPD9. Relief.3. However, the defendants stopped appearing w.e.f. 1st March, 2007 and were on 29th April, 2008 proceeded … the ex parte order was confirmed during the pendency of the suit. The defendants had then relying upon Section 52 of the Copyright Act and Romesh Chaudhary v. Ali Mohamad Nowsheri AIR 1965 J&K; 101; Mohammad Jalil v.

Super Cassetts Industries Ltd. Vs. Music Broadcast Pvt. Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Section 31(1)(b), 19-A, 52(1)(j)(4); Armed Forces Tribunal Act, 1985 - Section 41(1); Code Of Civil Procedure (CPC) - Section 151; Trade Marks Act - Section 25(i); Indian Copyright Act, 1914 - Section 72; Copyright Act, 1911 - Section 4; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Section 22(1), 19(1)(6); Code of Criminal Procedure (CrPC), 1973, - Sections 345, 346 ; Indian Penal Code (IPC) - Sections 193, 228, 125

in these appeals is whether on a complaint made to the Copyright Board under Section 31 of the Copyright Act, 1957, the said Board under Clause (b) of Sub-Section (1) can pass an interim order in the pending complaint. … either by the copyright owners, or where the owner of an Indian work is either dead or untraceable.However, Section 52 of the Act also made provision that certain acts performed by broadcasters were not to be considered as

Super Cassette Industries Limited Vs. Bathla Cassette Industries Pvt. ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1956 - Sections 8; Copyright Act, 1957; Copyright Act, 1958 - Sections 10(3), 13(3), 52, 52(1) and 60; Copyright Rules, 1958 - Rule 21 and 21(2)

Reported in : 2003VIIIAD(Delhi)572; 107(2003)DLT91; 2003(27)PTC280(Del); 2004(1)RAJ69

itself having admitted that their production was covered under the statutory defenses enlisted in Section 52 of the Copyright Act 1957, the same cannot be the subject matter of protection under the provisions of the Copyright Act as the

Academy of General Edu., Manipal and anr. Vs. B. Malini Mallya

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 17, 22, 23, 52 and 52(1)

Reported in : AIR2009SC1982; 2009(2)AWC1684(SC); JT2009(3)SC528; LC2009(1)225; (2009)6MLJ956(SC); RLW2009(3)SC2605; 2009(2)SCALE310; (2009)4SCC256; 2009(2)LC952(SC)

injunction granted in favour of the plaintiff - respondent is not in terms of the provisions of the Copyright Act, 1957 as the appellant as an institution or otherwise is entitled to use the same in terms of Clauses … is entitled to use the same in terms of Clauses (a), (i) and (1) of Sub-section (1) of Section 52 thereof.10. Mr. G.V. Chandrashekhar, learned Counsel appearing on behalf of the respondent, on the other hand, would support

The Chancellor Masters and Scholars of the University of Oxford Vs. Na ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 52 and 52(1); Patents Act, 1970 - Sections 3; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1, 2 and 4

Reported in : 2008(106)DRJ482; LC2008(3)402; 2008(38)PTC385(Del)

examination. All this, the plaintiffs claim, make each textbook an original literary work within the meaning of the Copyright Act, 1957 (hereafter 'the Act'). It is also averred that the author by a memorandum of Agreement has assigned to … of the University of Cambridge v. BD Bhandari , to assert that the defense of fair use under Section 52 cannot be extended to cases where there is verbatim copy of the questions and the answer key. Further,

The Gramophone Company of India Ltd Vs Super Cassette Industries Ltd.

Court : Delhi

Subject : Copyright Act

Acts : Copyright Act, 1957 - Sections 52(1)(j), 52A, 52(1)(j)(ii)

and the case law cited by them. The entire controversy revolves around interpretation of Section 52(1)(j) of the Copyright Act 1957 (The Act). Since the arguments have proceeded on the basis that the plaintiff is the owner of the

India Tv Independent News Service Pvt. Ltd. and Others Vs. Yashraj Fil ...

Court : Delhi

Subject : Land Acquisition

than with the permission of the owner of a copyrightable work, it is only Section 52 of the Copyright Act 1957 which privileges use of copyrightable works and that the said section does not include derivative copyrightable works and