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 son of sardar , raaz-3 , ra-one , talaash , body guard , mujhse shaadi karogi etc were ..... is itself the corporate cs(os) 3290/2015 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. ..... if a torfeasor is caught only half the time he commits torts, then cs(os) 3290/2015 page 8 of 11 when he is caught he should be punished twice as heavily in order to make up for the times he gets away.this court feels that this approach is necessitated further for the reason that it is very difficult for a plaintiff to give proof of actual damages ..... of section 14 (d) and (e), copyright includes the exclusive right to communicate to the public a cinematograph film ..... 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: & .. ..... 1983;it became a deemed public limited company under the cs(os) 3290/2015 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 .....
Tag this Judgment!Court : Delhi
..... is stated that even on a sample basis the plaintiff was able to detect various instances of infringement by the defendant on programmes broadcasted on its cable network under the logo of haribol, sky hawk , wherein sound recordings, cinematograph films and underlying literary and musical works belonging to the plaintiff s repertoire of audio video songs aartiyan sung by anuradha paudwal, bas tere liye from the film jai ho ; nach le je bharke ke nach le from ..... for the plaintiff submits that summons in the suit and notice in the application for stay were directed to be issued vide order dated 24.11.2015, when an ex parte ad interim injunction was passed in favour of the plaintiff and against the defendant. ..... plaintiff addressed a communication dated 25.9.2015 to the defendant, informing about the plaintiff s rights and the necessity of obtaining a license from the plaintiff in order to make their broadcasts legal, however, the defendant did not reply to the said letter. ..... 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: & .. ..... entered nor written statement has been filed by the defendant and the defendant was proceeded ex parte on 5.4.2016, the present suit be decreed under the cs(comm) 991/2016 page 1 of 10 provisions of order viii rule 10 cpc in favour of the plaintiff and against the defendants. .....
Tag this Judgment!Court : Delhi
..... on a sample basis the plaintiff was able to detect various instances of infringement by the defendant on programmes broadcasted on its cable network under the logo of max , wherein sound recordings, cinematograph films and underlying literary and musical works belonging to the plaintiff s repertoire of audio video songs anarkali disco chali from house full 2 ; chahun main ya na from the film aashqui 2 ; har ek friend kamina hota ..... , the plaintiff addressed a communication dated 28.8.2015 to the defendant, informing about the plaintiff s rights and the necessity of obtaining a license from the plaintiff in order to make their broadcasts legal, however, the defendant did not reply to the said letter. ..... 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: & .. ..... counsel for the plaintiff submits that summons in the suit and notice in the application for stay were issued vide order dated 24.11.2015, when an ex parte ad interim injunction order was passed in favour of the plaintiff and against the defendant. ..... has been entered nor written statement has been filed by the defendant cs(comm) 988/2016 page 1 of 12 and the defendant was proceeded ex parte on 5.4.2016, the present suit be decreed under the provisions of order viii rule 10 cpc in favour of the plaintiff and against the defendants. .....
Tag this Judgment!Court : Delhi
..... 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 copyright act, 1957. ..... he would also state fourth and third provisos of section 18 (1) read with section 39a grant the performers an ill-alienable right to receive royalty for utilization of their performances incorporated in a sound recording (not forming part of the film) or in a cinematographic film in any form (other than for communication to the public of the performance as part of the same ..... of its sister societies which it is authorized to administer in india, without obtaining a license from the plaintiff or doing any other act infringing the plaintiffs members' performer's rights; (li) an order of permanent injunction restraining the defendant, its officers, servants, agents and representatives and all others acting for and on its behalf from communicating to the public the plaintiffs repertoire comprising of performer's rights of all its members and of its ..... he states that in the light of the above, if a third party commercially utilizes the performance included in a cinematographic film in any form (except communicating to the public, the performance along with the cinematograph film in a cinema hall), or utilizes the performance included in a sound recording, the performer would retain the right to receive the royalty from such third party for .....
Tag this Judgment!Court : Chennai
..... or modifications and such appeal shall lie to a tribunal constituted under section 5d of the act; section 5e deals with suspension and revocation of certificate"; section 5f gives power of review by the central government on application being made by an applicant for a certificate or any other person to whom the rights in the film have passed and is aggrieved by any order under section 5e; section 6 starts with a non-obstante clause, which gives suo-moto revisional powers to the central government to call for and examine, the record of any proceedings in relation ..... legal submissions and the scope of interference by the writ court in such matters and what the various decisions commencing from k.a.abbas toprof.perumal murugan have stated, it would be necessary to have a brief outlay of the cinematograph act, 1952, the cinematograph (notification) rules, 1983, (rules) and the guidelines for certification of films for public exhibition (guidelines). 16. ..... an application was preferred before the cbfc on 06.05.2015 for certification of the film under the provisions of the cinematograph act, 1952, (hereinafter referred to as the 'act'). .....
Tag this Judgment!Court : Supreme Court of India
..... to the irresistible conclusion that once the author of a lyric or a musical work parts with a portion of his copyright by authorising a film producer to make a cinematograph film in respect of his work and thereby to have his work incorporated or recorded on the sound track of a cinematograph film, the latter acquires by virtue of section 14(1)(c) of the act on completion of the cinematograph film a copyright which gives him the exclusive right inter alia of performing the work in public i.e. ..... the grievance of the international confederation society (ifs)/3rd party appellant is that the petitioner is aggrieved due to the findings and alleged legal infirmities in the impugned order as it has an immediate and direct impact on its members and the creative community for their interest (which the petitioner represents), stands to suffer loss and injury as the impugned judgment ..... exercise by the court is to find a reasonable solution to the matter which should govern the parties until disposal of the suit where the main controversy is required to be ..... new situations and changes in the societal conditions vis- -vis the use of sound recording extensively by a large public, but also keeping in view of the fact that the government with its eyes wide open have become a signatory to international conventions . ..... let us now look into the relevant provisions which govern the assignment of work by an author of literary or musical work and licenses in respect thereof to prospective owner of the .....
Tag this Judgment!Court : Chennai
..... the capacity of principal or agent acting for and on their behalf from translating the script "aaranya kaandam" in to any language, making any new cinematograph film that is based on the script "aaranya kaandam", incorporating any translated version of the script "aaranya kaandam" as part of any new or existing cinematograph film or doing any other act inconsistent with the rights conferred on the plaintiff under section 14(a) of the copyright act 1957; and for the costs in ..... plaintiff/director has any right to stop or interfere with the defendants, who are the producers of the cinematograph film "aaranya kaandam" from dubbing remaking and doing any other activity in view of the admitted fact that the plaintiff has not entered into any agreement, as per section 17 proviso (b) with the defendants to restrain the defendants from performing any activity whatsoever in relation to the ..... from his evidence, it is further seen that the defendants received a national award from the government of india for the movie "aaranya kaandam" in which a chance was given to the plaintiff as director ..... in the said order, it was also made clear that the interim order passed will not have an effect in the disposal of the suit and the question of ..... without interfering with the orders passed, the special leave petition was disposed of with a request to dispose of the suit ..... the order passed in the interlocutory application cannot be termed as a binding precedent either ..... initially, an order of injunction was .....
Tag this Judgment!Court : Mumbai
..... learned senior counsel for the claimant in arbitration petition no.1017 of 2012 thereby impugning the order passed by the learned arbitrator in paragraph 51 of the impugned award holding that the copyright board has exclusive jurisdiction to decide the question of refund of royalty or in the alternative, refund of excess royalty under section 30a read with section 19a of the copyright act, 1957 is concerned, the learned senior counsel invited my attention to the proceedings already ..... separation, restitution of conjugal rights, child custody; (iii) guardianship matters; (iv) insolvency and winding up matters; (v) testamentary matters (grant of probate, letters of administration and succession certificate); and (vi) eviction or tenancy matters governed by special statutes where the tenant enjoys statutory protection against eviction and only the specified courts are conferred jurisdiction to grant eviction or decide the disputes. 37. ..... 2011 in which it is held that during a time when the copyright in the sound recording did not independently exist and were perceived as part of the copyright in a film, the author of the said cinematographic film is not required to seek authorization or separate license from the music composer or the lyricist for communicating the work to the public i.e. ..... respondent also placed reliance on various provisions of the copyright act, 1911, british copyright committee report, 1952, various provisions of the copyright act, 1957 and several judgments. 92. .....
Tag this Judgment!Court : Mumbai
..... included in the sound recording but not forming part of any cinematograph film shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of copyright for any utilization of such work except to the legal heirs of the authors or to a collecting society for ..... the right to receive royalties to be shared on an equal basis with the assignee of copyright for the utilization of such work in any form other that for the communication to the public of the work along with the cinematograph film in a cinema hall, except to the legal heirs of the authors or to a copyright society for collection and distribution an any agreement to contrary shall be void: provided also that the author of the literary or musical work ..... the first defence, which is quickly dispensed, arises under section 26 of the copyright act, 1957 and the 1992 amendment to that act, one that came into effect on 28th december 1991. ..... as the following order shows, he has often litigated his claims as the owner of copyright in a quite extraordinary number of cinematograph films. ..... . in addition, clause (6) also specifically contemplates a refusal to take up an assignment should the government not allow an export of the film. mr ..... . it will undoubtedly govern assignment agreements executed after the date of the agreement .....
Tag this Judgment!Court : Delhi
..... of its sister societies which it is authorized to administer in india, without paying royalties to and obtaining a clearance from the plaintiff society or doing any other act infringing the plaintiffs performer's rights through any medium including but not limited to radio stations, tv and usage by mobile companies and violating the right to receive royalties ( ..... the suit is decreed and a decree of permanent injunction is issued restraining the defendant, its officers, servants, agents and representatives and all others acting for and on its behalf from communicating to the public the plaintiffs repertoire comprising of performer's performances of all its members and that of the ..... the fourth proviso to section 18(1) reads as under: provided also that the author of the literary or musical work included in the sound recording but not forming part of any cinematograph shall not assign or waive the right to receive royalties to be shared on an equal basis with the assignee of ..... order dated 10th september 2015 the court issued an order of interim injunction restraining the defendant and everyone acting on its behalf from communicating to the public, the plaintiff s repertoire comprising of performances of all its members andworks of its societies which the plaintiff is authorised to administer in india, without obtaining a "performer's rights clearance certificate" from the plaintiff or doing any other act infringing the plaintiff s membersperformer s rights till further orders .....
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