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Entertainment Network (India) Ltd. Vs. Super Cassette Industries Ltd.

Court : Supreme Court of India

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 3, 4, 6, 11, 13, 13(4), 14, 14(1), 16, 17, 18, 19, 19A, 27, 30, 30A, 31, 31(1), 31(2), 31A, 31A(4), 32, 32(1A), 32A, 32B, 33, 33(3), 34, 34A, 34A(2), 35, 50, 51, 55, 63, 72, 74 and 78; Juvenile Justice Act; General Clauses Act; Copyright Rules, 1958 - Rules 3(3), 9, 11A, 11C(4), 11D, 14I, 14J and 14K; Constitution of India - Articles 14, 19(1) and 300A

Reported in : 2008(4)ALD47(SC); 2008(5)BomCR719; JT2008(7)SC11; LC2008(2)129; 2008(37)PTC353(SC); 2008(9)SCALE69; 2008AIRSCW6698; 2008(4)Supreme98; 2008(11)SCALE170; 2008(4)LH(SC)2638; 2008AIRSCW6698; 2008(4)LH(SC)2638

power to make rules. The Central Government in exercise of the said power framed rules known as 'The Copyright Rules, 1958' (for short 'the Rules').. Chapter V of the Rules deals with the provisions relating to Cooperative Societies. Relevant … a substantial part of which, the film, or, as the case may be, the sound recording is made.30. Section 14 of the Act provides for the meaning of copyright. Clause (c) of Sub-section (1) of Section 14 talks

Event and Entertainment Management Association Vs. Union of India and ...

Court : Delhi

Subject : Societies Registration

Acts : Societies Registration Act, 1860; Copyright Act, 1957 - Sections 33, 31, 36, 35, 18; Constitution of India - Articles 14, 19(1)(g); Copyright Rules, 1958 - Rule 14H

commercially exploited. Copyright societies collect royalties after deduction of administrative expenses as prescribed under Rule 14H of the Copyright Rules, 1958 (CR Rules) which are distributed amongst the members of the copyright societies in proportion to the actual use … copyright in the literary or musical works enjoys a number of rights exclusively, which are set out in Section 14 (a) of the CR Act. 8. The counter affidavit of IPRSL illustrates the advantages enjoyed by the Copyright

Zahir Ahmed Vs. Azam Khan

Court : Kolkata

Subject : Criminal

Acts : Trade and Merchandise Marks Act, 1958 - Sections 14, 17, 44, 45, 51, 55, 72, 73, 74, 78 and 79; ;Copyright Act, 1957 - Sections 13, 14, 16, 17, 27, 44, 45, 48, 53A and 63; ;Partnership Act - Section 69; ;Copyright Rules, 1958 - Rules 16, 17 and 27; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 156(3) and 482; ;Indian Penal Code (IPC), 1860 - Sections 156(3), 415, 420 and 511

Reported in : 1996CriLJ290

44, 45, 72, 73 and 74 of the Act, read with Rules 16, 17 and 27 of the Copyright Rules, 1958 sought to contend that no exclusive right, within the meaning of Section 14 of the Act, could be

Phonographic Performance Ltd. and Ors. Vs. Uoi and Ors

Court : Delhi

Subject : Land Acquisition

the Copyright Board on payment of such fee as may be prescribed. Rule 26 sub-clause (1) of the Copyright Rules, 1958, provides that all the fees payable under the said Act shall be as specified under the Second Schedule. … this common judgment.4. The first petitioner is a Company, registered as a Copyright Society under the provisions of Section 33 of the Copyright Act, 1957 (hereinafter referred as „the said Act‟). This registration entitles the first petitioner … and Akola, being licences No.1, 2, 4, 5, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19 and 20 of 2010.2. In W.P.(C) No.7724/2011,

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)

founded on the plain language of Section 52(1)(j) of the Copyright Act, 1957 and Rule 21 of the Copyright Rules, 1958 (The Rules) as amended. Ld. counsel for the Defendant submits that the following conditions need only be fulfilled … once such a version recording is made under Section 52(1)(j) the owner thereof gets all rights conferred by Section 14(e) on a lawfully made sound recording. The thrust of defendants argument is that the right of the owner

M/S. Mars Recording Private Limited Vs. M/S, Saregama India Limited

Court : Karnataka

Subject : MRTP

with the following requirements in issuing the respective notices of intention as enumerated under Rule 21 of the Copyright Rules, 1958 (Hereinafter referred to as the ‘1958 Rules’, for brevity): (a) the details of work in respect of which … works as also a 24 separate copyright in sound recording made of the same. The separate copyrights co-exist. Section 14 specifies the content of the rights comprised in the “copyright”. Section 14(e) deals with sound recordings. A owner

Pepsi Co., Inc. and ors. Vs. Hindustan Coca Cola Ltd. and anr.

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 14, 51 and 52A; Code of Civil Procedure (CPC) , 1908 - Order 39, Rules 1 and 2; Trade and Merchandise Marks Act, 1958 - Sections 29 and 29(1)

Reported in : 2003(27)PTC305(Del)

Intellectual Property Rights - infringement - Sections 14, 51 and 52A of Copyright Act, 1957, Order 39 and Rules 1 and 2 of Code of Civil Procedure, 1908 and Sections 29 and 29 (1) of Trade and … infringing the copyright, in order to appreciate the same, we may have a glance to the provision of Section 14 of the Copyright Act, which is reproduced as under :-'14. Meaning of the copyright For the purpose of … trade mark of the appellants under the Trade and Merchandise Marks Act, 1958, Appellants claim exclusive rights in the roller coaster commercial. The globe device

Gramophone Co. of India Ltd. Vs. Mars Recording Pvt. Ltd. and ors.

Court : Karnataka

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 18, 19, 20, 30, 51, 52 and 52(1); Copyright Rules - Rule 21

Board in this behalf. Sub-clause (ii) of Section 52 shall be read in conjunction with Rule 2 of Copyright Rules, 1958, which deals with making of records.7. The learned counsel for the appellant has vehemently argued that if Section … withheld from public. Section 51 deals with 'when copyright is infringed'. Section 51 shall be read long with Section 14 of the Act which deals with the meaning of copyright which says that 'copyright' means the exclusive right

Power Control and Appliances Co. and Another Vs. Sumeet Machines Pvt. ...

Court : Chennai

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 -Order 14, Rule 8 - Order 19, Rule 3 - Order 39, Rules 1 and 2 - ; Evidence Act, 1872 - Sections 115; Trade and Merchandise Marks Act, 1958 - Sections 2, 79; Designs Act; Copyright Act, 1957 - Sections 12, 14, 16, 17, 22, 23, 51, 55. 81 and 96; Patents and Designs Act, 1911

Reported in : AIR1993Mad120

Section 2 that various sub-clauses of the Trade and Merchandize Marks Act 1958 as well as the definition under Section 2 of the Copyright Act … phonetic and visual aspects of the registered trade mark, 'SUMEET' by way of committing the infringement of the copyright of the plaintiff in their artistic work, containing in Document Nos. 1 to 3 filed along with the … Power Control and Appliances Company, against both the respondents herein, under Order 14, Rule-8 of the Original Side Rules, read with Order 39, Rules-1 and 2 of Civil Procedure Code, seeking the relief of adinterim injunction to

The Federation of Hotels and Restaurants Association of IndiA. Vs. Uni ...

Court : Delhi

Subject : Intellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2(ff), 13, 33(3), 34(3), 34, 78, 2(dd), 1 (2), 35 - Chapter 14 ; Constitution of India - Articles 226, 14, 19(1)(g), 12 ;

the Central Government to make Rules for carrying out the purposes of the statute. Chapter V of the Copyright Rules, 1958 framed pursuant thereto, concerns the registration and functioning of Copyright and Performing Societies, such as IPRS and PPL. … Section 2 reproduced above, which is not exhaustive, leaves no room for doubt when read in continuation with Section 14(1)(c)(iii) that the term "cinematograph film" includes a sound track associated with the film. In the light of these