Court : Chennai
(prayer:- this civil suit is filed under order vii rule 1 of cpc read with order ii rule 1 of the original side rules and sections 55 and 62 of the copyright act, for the reliefs as stated therein. ..... the plaintiff, an advocate, had stated that he is working with a reputed indian multinational company and has a passion towards poem, pseudonymous literary, writing lyrics for cinematograph film song and research in tamil language. .....
Tag this Judgment!Court : Delhi
..... material form including the storing of it in any medium by electronic means;(ii) to issue copies of the work to the public not being copies already in circulation;(iii) to perform the work in public, or communicate it to the public;(iv) to make any cinematograph film or sound recording in respect of the work;(v) to make any translation of the work;(vi) to make any adaptation of the ita-904-909/2016 page 19 of 21 work;(vii) to do, in relation to a translation or an adaptation of the work, any ..... taxability of the payments characterized as royalty is to be governed under article 12(2) of the dtaa read with section 90(2) of the act.15. mr. ..... is the impugned order correct in its interpretation of section 234b of the income tax act, 1961, in the facts and circumstances of the ..... be as it may, in order to qualify as royalty payment, within the meaning of section 9(1)(vi) and particularly clause (v) of explanation-ii thereto, it is necessary to establish that there is transfer of all or any rights (including the granting of any license) in respect of copy right of a literary, artistic or scientific ..... , applicability of section 234-b and whether amounts paid towards software constituted royalty the impugned order held in favour of the ..... this juncture we may point out that while deciding the department's appeal in subsequent part of this order, we have upheld the findings of ld. ..... licensed under a purchase order may be delivered in. ..... aggrieved by the ao s order, the assessee appealed to the cit .....
Tag this Judgment!Court : Chennai
..... merely because, apca a body registered under the societies registration act, has adopted other government orders issued by another state, with due approval of the other participating states, the petitioner cannot compel the society, to adopt all the orders issued by another state government, in the case on hand, government order issued by andhra pradesh, in the matter of age of retirement, as a matter of right and ..... seen from the rules and regulations of the regional institute of correctional administration set up at vellore by the four participating states and registered as the society under section 27 of the tamil nadu societies registration act, 1975, clause 12, the appointment to various posts shall be made by selection from the services of the correctional departments including prison departments of the four southern ..... , has taken a decision to adopt the pay scales of the andhra pradesh government; to have reference to the conduct rules, framed by the government of tamil nadu; and not the conduct rules of the other participating states; decided to extend certain benefits given to the central government servants and decided to prescribe the age of superannuation, to the employees of apca ..... the cinematography act, 1901, granted to a theatre proprietor a licence for the exhibition of cinematograph films ..... his continuance in service beyond the age of 58 years shall however be subject to review by the high court as per the provisions of the kerala judicial service rules and ..... act, 1952 .....
Tag this Judgment!Court : Delhi
..... does not (i) initiate the transmission, (ii) select the receiver of the transmission, and (iii) select or modify the information contained in the transmission; (c) the intermediary observes due diligence while discharging his duties under this act and also observes such other guidelines as the central government may prescribe in this behalf. ..... literary or musical works in which the plaintiff owns exclusive, valid and subsisting copyright(s) and further temporary injunction to restrain such persons acting on their behalf and in active concert or participation with them or any of them from causing, contributing to, inducing, enabling, facilitating or participating in the infringement of, in any manner the cinematograph films, sound recordings and/or the underlying literary or musical works in which the plaintiff owns exclusive, valid and subsisting copyright(s) on their ..... discussion proposed in this judgement would be to the extent possible, the barest minimum and decide on the soundness or feasibility of the interim order at this stage of the suit and centre round three broad questions: first whether myspace could be said to have knowledge of infringement as to attract section 51(a)(ii) and consequent liability; second, does proviso to section 81 override the safe harbor granted to intermediaries under section 79 of the it act third, possibility of harmonious reading of sections 79 and 81 of the it act and section 51 of the copyright .....
Tag this Judgment!Court : Delhi
..... s case has thus to be understood with reference to the facts of the case for the reason that on the one hand the court held that course packs with fell within the ambit of section 21(4) of the copyright act in new zealand would be an exception to the charge of infringement and there was no necessity for the court to consider whether it was a fair dealing because the statute had not made ..... world trade organization on june 15, 2000 concerning playing of music in restaurants in the united states of america whereby a blanket exemption to restaurants having covered area of 3750 sq.feet was permitted as per section 110 of the copyright act in united states of america and the decision was to the effect that such user would not be fair use, being violative of article 13 of the trips agreement and article 11 of the berne ..... legislative enactments made by the legislature, the report of committees, commissions, councils, boards, or the like appointed by the government unless reproduction or publication is prohibited by the government, and the judgment or order of a judicial authority unless prohibited by the judicial authority ..... be a private use, a personal use, research, criticism, review, reporting of a current event, a judicial proceeding, legislative ..... viii) clause (j) embraces literary, dramatic, musical and cinematographic works ..... and varied, one common definition was that a textbook is a printing and bound artifact for each year or course of study containing facts and ideas around a central subject .....
Tag this Judgment!Court : Chennai
..... and withdrawals through cheques by the 4th defendant and his nominees from the 3rd defendant's account nearly 54 times, diversion of funds given by fuji film corporation for payment of pension of rs.1000 per month to the cinematographers, diversion of funds of about rs.75 lakhs towards production of a film 'dhanam' which was produced by the wife of the 4th defendant, diversion of funds for purchase of distribution rights for the film called 'thittakudi' amounting to ..... it is, therefore, seen that the 1st defendant has two accounts, namely, one in the name of southern india cinematographer association and another in the name of south india cinematographer association, which itself shows that the financial affairs of the 1st defendant association require probe and it is just this which the ..... declaring that the resolution passed by the general body of the 1st defendant on 1.8.2010 and the consequential order dated 4.8.2010, removing the plaintiff from the primary membership of the 1st defendant association are null and ..... alleging these acts of the 4th defendant amounted to embezzlement of funds, which were meant for the benefit of the cinematographers and their family members, the plaintiff started to write letters, questioning the ..... another letter again to the 4th defendant representing the 1st defendant association once again reiterating the same demands made in his letter, but this time addressing the letter under section 20 the trade union act asking for an answer within 10 days. .....
Tag this Judgment!Court : Chennai
..... we say producer in cinema industry parlance, legally, we are essentially looking at the narration within the meaning of section 2(uu) of the copy right act.section 2 (uu) of the copy right act can be usefully extracted hereunder and the same reads as under: 'producer', in relation to a cinematograph film or sound recording, means a person who takes the initiative and responsibility for making the work; 15. ..... or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered;] (d) in the case of a government work, government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; [(dd) 53 in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall ..... would be apposite to note counsel's submissions in this regard: in the present suit, it is undeniable that the plaintiff has invested extensively in marketing on a long term basis in order to promote the plaintiff's brand and have (sic) consequently established a great distinctive character. ..... such circumstances, at the bar, both the learned counsel while admitting the short fall and inadequacies in the prevailing industry practice, would admit that ex.d1 being the certificate of the central board of film certification can be looked into to ascertain the producer. .....
Tag this Judgment!Court : Supreme Court of India
..... the madras high court that it was not liable to be taxed at the higher rate under section 8(2)(b) of the central sales tax act, 1956 on the turnover of sales in the course of inter-state trade to government or to unregistered dealers even though they had not obtained the c and d forms because section 2(b) violates articles 301 and 303(1) of the ..... t t krishnamachari while supporting the view that the constitution was to establish a federal structure observed thus : the first criterion is that the state must exercise compulsive power in the enforcement of a given political order, the second is that these powers must be regularly exercised over all the inhabitants of a given territory, and the third is the most important and that is that the activity of the ..... taxes are not impediments h.3.2 articles 302, 303 and 304 h.3.3 construing article 304 h.3.4 conjunctive or disjunctive: may ; and h.3.5 article 304(a) not the universe of taxation i tax legislation : judicial review and part xiii; i.1 taxation and part xii i.2 the standard of judicial review i.3 limitations of sinha cj s view in atiabari i.4 presidential sanction : the proviso to article 304(b) j article 304(a) : the principle of non-discrimination; j.1 precedent 1963 to 1980 ..... the petitioner carry on the business of selling cinematographic films and other equipments ..... of tax on passengers and goods under the punjab passengers and goods taxation act, 1952 and similar other enactments of other states were under .....
Tag this Judgment!Court : Delhi
..... defendant is broadcasting/communicating to cs(comm) 74/2015 page 3 of 11 the public sound recordings, underlying works (lyrics and musical compositions) and audio visual songs (cinematograph films) and other works of the plaintiff, through its cable network under the logo hcn/movie express , without any licence. ..... the plaintiff was able to detect various instances of infringement by the defendant through their cable network, wherein sound recordings, cinematograph films and underlying literary and musical works belonging to the plaintiff s repertoire of audio-visual songs main hoon hero tera from the film hero ; nachda from the film phantom ; phir bhi ..... by virtue of section 14 (d) and (e), copyright includes the exclusive right to communicate to the public a cinematograph film or sound recording ..... learned counsel for the plaintiff submits that summons in the suit were issued vide order dated 23.12.2015, when an ex parte ad interim injunction was passed in favour of the plaintiff and against the defendant ..... the plaintiff s repertoire is easily identified by the public, since all the cds/dvds/vcds, apart from t-series logo, contain the following copyright notice as required under section 52a of the copyright act at the bottom of the cd/vcds/dvds, respectively: & .. ..... in the year 1983; it became a deemed public limited company under the cs(comm) 74/2015 page 1 of 11 companies act in the year 1988-89 and thereafter on 11.06.2014, the company was converted to a private limited company.4. .....
Tag this Judgment!Court : Delhi
..... the plaintiff was able to detect various instances of infringement by the defendant through their cable network, wherein sound recordings, cinematograph films and underlying literary and musical works belonging to the plaintiff s repertoire of audio-video songs saara jahan kahe ishq hai jhuta from the film ek khiladi ek haseena ..... the aforegoing, there can be no doubt that the exclusive right to communicate to the public a sound recording or cinematograph film in within the domain of the owner of the copyright or any person cs(os) 3292/2015 page 7 of ..... itself the corporate cs(os) 3292/2015 page 2 of 11 author of and the first owner of copyright in those sound recordings and audio visual works (cinematograph films) which the plaintiff itself produces by taking the initiative and responsibility for the same. ..... section 14 (d) and (e), copyright includes the exclusive right to communicate to the public a cinematograph ..... learned counsel for the plaintiff submits that summons in the suit were issued vide order dated 22.01.2016, when an ex parte ad interim injunction was passed in favour ..... by the public, since all the cds/dvds/vcds, apart from t-series logo, contain the following copyright notice as required under section 52a of the copyright act at the bottom of the cd/vcds/dvds, respectively: & .. ..... it became a deemed public limited company under the cs(os) 3292/2015 page 1 of 11 companies act in the year 1988-89 and thereafter on 11.06.2014, the company has converted to a private limited .....
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