Court : Delhi
..... the cinematograph (certification) rules, 1983 have been framed by the central government the cinematograph act, 1952, which is for the purpose of carrying into effect the said rule has to be interpreted in a manner so as to ensure that there is no repugnancy with the main provisions of the act. ..... (c) 674/2015 page 1 of 15 dated 21.08.2014 preferred under section 5c of the cinematograph act, 1952 (hereafter the act ).2. ..... may be, decided by the tribunal but not including any proceeding in respect of any matter which is pending before the tribunal and after such inquiry, into the matter as it considers necessary, make such order in relation thereto as it thinks fit, and the board shall dispose of the matter in conformity with such order: provided further that nothing in this sub-section shall require the central government to disclose any fact which it considers to be against public interest to disclose. ..... the petitioner claims that the impugned order dated 21.08.2014 is without jurisdiction as cbfc does not have the power to review its own decision. ..... 3.4 aggrieved by the said decision, the petitioner sought a review by the revising committee under rule 24 of the cinematograph (certification) rules, 1983. ..... he review and cancel contended that the said certification was issued by cbfc after the revising committee had viewed the feature film on two occasions. ..... cbfc had granted an a certificate after viewing the feature film in question and the same could not be reviewed. .....
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..... arora, learned central government standing counsel to the effect that the film is yet to be exhibited and consequently, no writ of mandamus as has been sought by the petitioner for revocation of the certification wp(c)no.6408/2017 page 10 of 14 granted to it can be passed under section 5e of the cinematograph act, 1952. ..... on the other hand, a grievance is put forth that the film would cause violence because of its depiction and that the exhibition of the film is against public order and is likely to incite the people to indulge in the commission of offence and is, therefore, violative of section 5b(1) of the cinematograph act, 1952. ..... merely because a small section of the society has a different view, form that as taken by the tribunal, and choose to express their views by unlawful means would be no ground for the executive to review or revise a decision of the tribunal. ..... it is therefore, apparent that the certificate has been issued to the film only after a careful examination which has been subjected to a further review on the request of the producer of the film by the central board of film certification, an expert body.17. ..... there is no case of judicial review, once the expert statutory authority has granted the due certificate 27. ..... reasons, especially given the fact that expert statutory authorities at multiple levels have examined the film and a certificate in accordance with law has been issued for exhibition of the film, no case for judicial review is made out. .....
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..... importantly, the central government in exercise of powers under section 8 of the 1952 act, has framed the cinematograph (certification) rules, 1983 (in short the 1983 rules). ..... 13.7 any person aggrieved by the order of the central government under section 5e is entitled to seek a review under section 5f, within the time prescribed. ..... 15.3 the power of exemption (subject to conditions and restrictions contained in its order qua exhibition of a film or a class of film), is conferred on the central government, under section 9 of the 1952 act. ..... section 7a empowers seizure of films, which are exhibited without certification, or to an audience to which it ought not to be exhibited, or is exhibited in contravention of the provisions of the 1952 act, or any order of the central government, fcat or cbfc. ..... before passing any such order, the central government is required to give an opportunity to the affected party to present its views.14. ..... the review, apparently, was also accompanied by the various judgements of the supreme court, which had dealt with similar orders, passed under the cinematograph act, 1952 (in short the 1952 act). ..... the fcat failed to notice the aforementioned errors in appeal and acted with undue haste while reviewing the subject film, which resulted in the confirmation of a part of the order passed by the cbfc. ..... by this communication, the petitioner sought review of the impugned order passed by the fcat. .....
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..... making available for viewing and downloading, providing access to and/or communicating to the public, displaying, uploading, modifying, publishing, updating and/or sharing on their websites, through the internet in any manner whatsoever, any cinematograph in relation to which the plaintiffs have a copyright, including the content aired on the star channels, on which the plaintiff no.2 has exclusive broadcast reproduction rights and hotstar in respect whereof the plaintiff no.1 has ..... comm) 1249/2016 page 3 of 15 content aired on the star channels, to which the plaintiff no.2 has exclusive broadcast reproduction rights; (iii) pass an order and decree directing the defendant no.8 to 23, their directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, to block access to the various rogue defendant websites identified by the plaintiffs in the ..... the defendant-isps and the government are also liable to be directed to block access to the defendant-websites and to issue ..... with the present case, the court came to the conclusion that the concerned websites were liable for copyright infringement under section 51 of the act and were not entitled to exemptions under 51 (1)(c) of the act or section 79 of information technology act, 2000. ..... stated that she has monitored the defendant-websites between december 2015, march 2016 and reviewed in august 2016. ..... 1952 .....
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..... maintained the secrecy of such information; (ii) however india did not enact cs(comm) 89/2019 page 20 of 31 any new laws on the issue of trade secret protection meaning that indian government considered its existing laws sufficient to comply with the requirements of article 39; (iii) confidential information under english law is protected under both common law and equity with remedies of injunction and ..... the examination paper is a person who has compiled the questions; the person who does this compiling, is a natural cs(comm) 89/2019 page 18 of 31 person, a human being, and not an artificial person; central board of secondary education is not a natural person it would be entitled to claim copyright in the examination papers only if it establishes and proves that it has engaged persons specifically for purposes of preparation of compilation, ..... requires a plaintiff, when suing upon a document or relying upon documents in his possession or power in support of his claim, to enter such documents in a list and to produce it in the court when the plaint is presented by him, order xi rules 1 to 3 of the cpc as applicable to commercial suits requires a plaintiff to file a list of all documents and photocopies of all documents in its power, possession, control or custody, pertaining to the suit, cs(comm) ..... section 13(1) of the copyright act, copyright subsists in the following classes of works, that is to say:-" (a) original literary, dramatic, musical and artistic works; (b) .....
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..... s name also appears on the in-lay cards of the subject film, as the owner/publisher of the sound recordings and underlying musical and literary works of the said cinematograph film; (f) that as per section 55(2) of the cs(comm) 492/2019 page 4 of 29 copyright act, 1957, the plaintiff is presumed to be the owner of the copyright in the said works; (g) that the plaintiff thus has the exclusive right inter alia to issue ..... the song dhagala lagli or to the film bot lavin tithe gudgulya but the plaintiff, at pages 16 & 17 of part iiia file has filed the certificate issued to the subject film by the central board of film certification (cbfc) showing the date of the certificate as 10th november, 1978 and showing the name of the producer as dada kondke and the name of the applicant as m/s sadichha chitra ..... interpretation of the agreement but it is felt that the same is not required in the present case owing to the defendant no.3 who as aforesaid now claims to be solely concerned with the impugned song, under orders of this court in cs(comm) no.3/2017 and cs(comm) no.57/2017 and which have attained finality, admittedly paying royalty to the plaintiff for the subject song var dhagala lagli kal , in acceptance of the right ..... payments any sums which may be demanded from the company its licensees or associates in respect of the remittance of such payment by the cs(comm) 492/2019 page 14 of 29 governments or other fiscal authorities of the respective countries in which the records are sold.10. .....
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..... the senior counsel for the plaintiff has argued, (i) that the plaintiff has instituted this suit to restrain the defendant from infringing the copyright of the plaintiff in 29 cinematograph films named in paragraph 18 of the plaint; (ii) that the plaintiff, in paragraph 19 of the plaint has disclosed the agreements vide which the copyright in the said films stood assigned to the plaintiff or its predecessor-in-interest m/s ..... ordinary suits, requires a plaintiff, when suing upon a document or relying upon documents in his possession or power in support of his claim, to enter such documents in a list and to produce it in the court when the plaint is presented by him, order xi rules 1 to 3 of the cpc as applicable to commercial suits requires a plaintiff to file a list of all documents and photocopies of all documents in its power, possession, control or custody, pertaining to the suit, along with the plaint including documents ..... allowing the documents to be filed even at a late stage, beyond the time prescribed in law for filing thereof, but the said view needs to be changed specially in the light of coming into force of the commercial courts act, the whole purport whereof is to expedite the disposal of such suits and when certain edge has been given to the said suits in the manner of disposal thereof.10. ..... pertains to ordinary suits as distinct from a commercial suit within the meaning of the commercial courts act, 2015 and would thus have no application to the controversy in hand.7. .....
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..... the cinematograph films produced by the plaintiff are "works" as defined under section 2(y) of the act, plaintiff has all the rights cs(comm) 457/2019 page 4 of 13 in such cinematograph films granted under section 14(d) of the act, and plaintiff is author and/or first owner and/or owners (under section 17 of the act) of the following illustrative list of cinematograph films that are entitled to protection under the act: s.no.film aquaman a star is born wonder woman year 2018 2018 2017 12. ..... the limited relief being claimed against the said isps is to ensure the effective implementation of any order that this hon'ble court may be pleased to grant in favour of the plaintiff by disabling access of the defendant websites in ..... 15-23, shall ensure compliance of this order by blocking, the websites, their url s and the respective ip address as under: s.no domains urls ip ..... arrow, season 7, episode 22 2019 in order to protect and enforce their exclusive rights, the plaintiff investigated and monitored the defendant websites and gathered evidence of their infringing ..... (supra), in order for this court to be freed from constant monitoring and adjudicating the issues of mirror/redirect/alphanumeric websites it is directed that as and when plaintiff files an application under order i rule 10 for impleadment of such websites, plaintiff shall file an affidavit confirming cs(comm) 457/2019 page 8 of 13 that the newly impleaded website is mirror/redirect/alphanumeric website with sufficient .....
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..... ainvai ainvai hand movement similar step in the first song dance step learned counsel for the plaintiff further contended that the reviews received by the impugned film validated and reinforced the fact that the defendants film was a blatant copy of the plaintiff ..... limited, cs(comm) 753/2017 decided on 01st july, 2019, this court has held that a film is recognised as being more or greater than the sum of its parts and copyright subsists in a cinematograph film as a work independent of underlying works that come together to constitute it. ..... this court also held that the expression to make a copy of the film in section 14(d)(i) does not mean just to make a physical copy of the film by a process ..... february, 2013, the plaintiff issued a third legal notice to the defendant no.1 requesting a copy of the impugned film and the script to be provided to the plaintiff before it was released, in order to ascertain whether the impugned film was a copy and remake of the plaintiff s film. ..... 2018 filed under order xxiii rule 3 read with section 151 cpc. ..... damages awarded to the plaintiff; (iv) award costs; and (v) pass such other or further orders as this hon ble court may deem fit and proper in the interest of justice. ..... is entitled to copyright protection under section 14 of the copyright act, 1957. f. ..... though the expression original is missing in section 13(1)(b) of the copyright act, 1957, yet the requirement of originality or intellectual creation is brought in through sections 13(3)(a) and 2(d).15. .....
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..... purposes of this clause, video films shall be deemed to be work produced by a cs (comm) 753/2017 page 5 of 46 process analogous to cinematography in 1994, section 2(f) was further clarified as follows: pre amendment post amendment in 1984 s.2(f) cinematograph film includes the sound track, if any, and cinematograph shall be construed as including any work produced by any process analogous to cinematography explanation for the purpose of this clause, video films shall be deemed to be work produced ..... learned counsel for the defendant stated that under section 2(d) of act, 1957, the producer is the author of a cinematograph film and is defined under section 2(uu) of act, 1957 as a person who takes the initiative and ..... , directors, from airing the employees, their behalf, (a) pass an order restraining the defendant, its members, officers, agents, representatives or any person claiming through them or acting on impugned advertisement marked as x ; and (b) pass an ex parte ad interim order in terms of prayer (a) herein above and confirm the same after notice of motion; and (c) pass such other and/or further order(s) as this hon ble court may deem facts and circumstances of the ..... 1984 was tabled in parliament, the minister of state had stated, copyright protection in india is governed by our copyright act, 1957. ..... two international conventions on copyright, namely, the berne convention for the protection of literary and artistic works, 1971, and the universal copyright convention, 1952... 92. .....
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