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India Tv Independent News Service Pvt. Ltd. and Others Vs. Yashraj Fil ...
Delhi
Aug-21-2012
Land Acquisition
Section 52 of the Copyright Act 1957 as it stood when the dispute arose i.e. prior to the Copyright Amendment Act 2012, she would be denuded from using excerpts of her performance for all times to come? Prima facie, the … a friend to show another friend, or of a favourite cartoon to post on the refrigerator. Parents in Central Park photograph their children perched on Jose De Creeft‟s Alice in Wonderland sculpture. We record television programmes aired … stanzas from nine songs; seven of which were from different cinematographic films. 5. In a nutshell, the learned Single Judge has held that other than
Tag this Judgment! AI Brief & AskStar India Private Limited Vs. Department of Industrial Policy and Pro ...
Supreme Court of India
Oct-30-2018
MRTP
to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 shall get itself registered under this Chapter within a period of one year from the date of commencement … TRAI Act was extended to broadcasting services which were undefined. By a Central Government notification dated 9.1.2004, the TRAI Act was expressly extended to broadcasting … beamed by a person other than the broadcaster, a licence under Section 4 of the Telegraph Act and Section 5 of the Wireless Telegraphy Act is a sine qua non for operating a teleport and that therefore it
Tag this Judgment! AI Brief & AskNovex Communication Pvt. Ltd. Vs.lemon Tree Hotels Ltd. & Anr.
Delhi
Jan-11-2019
Land Acquisition
to receive royalty: Provided further that every copyright society already registered before the coming into force of the Copyright (Amendment) Act, 2012 shall get itself registered under this Chapter within a period of one year from the date of commencement … 617 of the Companies Act, 1956 (1 of 1956);or (iii) a body corporate established by or under any Central, Provincial or State Act; (e) in the case of a work to which the provisions of section 41 … licenses from the appellant/plaintiff. The appellant/plaintiff has also claimed damages of Rs. 5,00,000/- on account of infringement by the respondent No.1/defendant No.1 of the copyright
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Asha Audio Co. and anr. Vs. Om Prakash Sonik
Kolkata
Sep-27-2013
Education
prayed for. The learned Judge passed the interim order on June 20, 2013. On June 21, 2012 the Copyright (Amendment) Act 2012 came into force by which Section 33 (3A).second proviso came into existence that would require all copyright societies … been raised against the society. In effect, it was rather an attempt to stall the measures that the Central Government had started taking against the society. LIS: In this backdrop, let us now decide on the present … fiRs.date. The remarks at two places in the judgment, i.e, at page 5 where the learned Judge observed, “petitioner was not espousing his individual right
Tag this Judgment! AI Brief & AskThe Indian Singers Rights Association Vs. Night Fever Club and Lounge
Delhi
Sep-30-2016
Right to Information
is the first copyright Society to be registered by the Central Government on June 14, 2013, after the Copyright (Amendment) Act, 2012 came into force on June 21, 2012 for protection of Performer sRights described under Section 38 of the … guarantees Performers a special right in respect of their performances. The term of such Performer s Right is 50 years from the beginning of the calendar year next following the year in which the performance is made.
Tag this Judgment! AI Brief & AskPhonographic Performance Ltd vs.ht Media Ltd
Delhi
Feb-15-2017
Education
on account 3. of subsequent events, which are indicated hereunder.4. The Act was amended by virtue of the Copyright (Amendment) Act, 2012 and by virtue of Section 33(3A) of the Act, which came into effect on 20.06.2012, read with the … that it had made an application for such registration on 09.05.2013. However, no orders were passed by the Central Government in respect of its application and, consequently, the plaintiff’s registration as a Copyright Society lapsed. It is … be filed within a period of two weeks thereafter. CS(OS) 2749/2011 Page 5 of 6 List before the Joint Registrar on 01.03.2017 for completion of
Tag this Judgment! AI Brief & AskVodafone South Limited and Another Vs. the Deputy Director of Income T ...
Karnataka
Mar-20-2014
Education
more on this aspect which would have been possible had the petitioner questioned the legality of the Finance Act, 2012, inserting Explanations 5 and 6 to Section 9(l)(vi) of the Act. 47. I need to emphasize that the … Payments of any kind received as a consideration for the use of, or the right to use, any copyright of a literary, artistic or scientific work, including cinematography films or work on films, tape or other means … comes within the mischief of any of the Explanations. He submits, the amendment is effected to spell out that it is 'Royalty' and retrospective effect … tax assessee in India and NTO based on foreign policy of the Central Government, agreements are entered into to prevent double taxation, and they are
Tag this Judgment! AI Brief & AskVodafone South Limited and Another Vs. the Deputy Director of Income T ...
Karnataka
Mar-20-2014
Education
more on this aspect which would have been possible had the petitioner questioned the legality of the Finance Act, 2012, inserting Explanations 5 and 6 to Section 9(l)(vi) of the Act. 47. I need to emphasize that the … Payments of any kind received as a consideration for the use of, or the right to use, any copyright of a literary, artistic or scientific work, including cinematography films or work on films, tape or other means … comes within the mischief of any of the Explanations. He submits, the amendment is effected to spell out that it is 'Royalty' and retrospective effect … tax assessee in India and NTO based on foreign policy of the Central Government, agreements are entered into to prevent double taxation, and they are
Tag this Judgment! AI Brief & AskMediaone Global Entertainment Ltd. Vs. Chief Commissioner of Central E ...
Chennai
Jun-26-2013
Land Acquisition
effect to the said circular.2. When service tax was levied on ".intellectual property services". with effect from 10.9.2004, copyright was specifically excluded from the definition of intellectual property rights. Normally, a producer of a movie sells the … No.148/17/2011-ST alone becomes otiose and in this context the impugned circular is liable to be quashed.46. The Finance Act, 2012 has completely revamped the service tax regime. Under the new service tax regime, as per Section 66D, all … its Managing Director, Surya Rajkumar. .. Petitioner vs. 1.The Chief Commissioner of Central Excise, Uthamar Gandhi Salai, Chennai-600 034. 2.The Under Secretary, (Tax Research Unit), … 1116, 2137, 2643, 2648, 2946, 3948, 3949, 4903, 5899, 5901, 5903, 5905, 6219 and 11346 of 2012 … ".licensing of copyrights". was brought within the service tax net by making amendments to the definition of taxable service under Clause (105) of Section 65
Tag this Judgment! AI Brief & AskEngineering Analysis Centre Of Excellence Private Limited Vs. The Comm ...
Supreme Court of India
Mar-02-2021
Direct Taxation
submitted that the retrospective amendment to section 9(1)(vi) of the Income Tax Act brought in by the Finance Act 2012, which added explanation 4 to the provision and expanded its ambit with effect from 01.06.1976, could also not … what was in fact transferred in the transaction between the parties was copyright which attracted the payment of royalty and thus, it was required that … section 9(1)(vi). Further, he referred to Circular No.10/2002 dated 09.10.2002 by the Central Board of Direct Taxes [“CBDT”]. in which “remittance for royalties” and “remittance … deducted at source or paid in advance, depending upon the provisions of the Income Tax Act. Importantly, under section 5(2) of the Income Tax Act, the total income of a person who is a non-resident, includes all income
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