Judgment Search Results Home > Cases Phrase: copyright act 1957 chapter i preliminary Page 2 of about 4,452 results (1.865 seconds)

National Association of Broadcasters Vs. South African Music Performan ...

Court : South Africa Supreme Court of Appeal

..... the report of the advisory committee of the copyright act, dated 5 november 1993. [2] section 29(1) provides: the judge or acting judge who is from time to time designated as commissioner of patents in terms of section 8 of the patents act, 1978, shall also be the copyright tribunal (in this chapter referred to as the tribunal) for the purposes ..... tortuous statutory scheme in terms of which the tribunal derives its power. as pointed out by dean in handbook of south african copyright law,[10]the factual matrix set out in chapter 3 of the act has to be read mutatis mutandis to accommodate the adjudication of disputes arising out of s 9a. this means that one has ..... of this act. section 36 provides for appeals from the tribunal to this court. [3] sampra was accredited as a representative .....

RamnaraIn Trivedi Vs. Shib Kumar Tewary and anr.

Court : Kolkata

Reported in : AIR1938Cal594

..... they now possess demands consider-able powers of adaptation and polishing, and i consider that the result is an original literary work within the meaning of section 1 of the copyright act, 1911. moreover even if the suggestion made by the defendant is correct that all that mahadeo has done is to take down the words as sung by ganga sahu, ..... they leave no doubt in my mind that i have to deal with a case of systematic and deli-berate piracy, in spite of the fact that sorothi ii contains chapters and materials not to be found in sorothi i.9. i hold it proved that defendant 2 was a party to the infringement complained of indeed i am by no ..... of evidence to show that either of these conditions is fulfilled and in these circumstances the question of passing off needs no further consideration. on the basis of infringement of copyright, the plaintiff is entitled to the following reliefs against both defendants : (1) the injunction asked for in para. (c) of the prayer to the plaint. (2) an order for .....

Espn Stars Sports Vs. Global Broadcast News Ltd. and ors.

Court : Delhi

Reported in : LC2008(2)75; 2008(36)PTC492(Del)

..... reproduction rights are a special class of rights, recognized under part viii of the copyright act, 1957 (hereafter 'the act'). he relied upon section 37 for the purpose. according to counsel, section 37(3) provides, in clauses (a) to (e) acts deemed to be infringement of broadcast reproduction rights. according to the counsel, the unauthorized ..... section 37(3)(a) and also reproduction of the event under section 37(3)(d). learned counsel submitted that the only exception recognized under chapter viii of the act was the use, consistent with fair dealing, excerpts of any programme, in the broadcast of current event or bona fide review for teaching and ..... the express reference to certain provisions in section 39a rules out the application of all other provisions of the act in respect of broadcast reproduction rights which are a species of copyright and for which chapter viii constitutes a complete code. it was, thereforee, submitted that technical requirements such as the need to implead .....

Samsonite Corporation Vs. Vijay Sales

Court : Delhi

Reported in : 73(1998)DLT732

..... the copyright act, 1957. there was a copyright act, 1914 but that stood repealed by copyright act, 1957. the designs act, 1911 deals with the designs. and the copyright act, 1957 was enacted to consolidate the law relating to copyright. there has been four amendments to the copyright act;1. the copyright amendment act, 1983 (23 of 1983) 2. the copyright amendment act, 1984 (65 of 1984) 3. the copyright amendment act, 1992 (act 13 of 1992). 4. the copyright amendment act, 1994 (act 38 ..... the judge, in considering passing off, specifically excluded consideration of other grounds of action based on infringement of design of letters patent or of design copyright. thus the interrelationship demonstrated in this chapter is of considerable significance in selecting the cause of action. in the plix case referred to at 6.3.2, the defendants failed, partly on the ground that they .....

Espn Star Sports Vs. Global Broadcast News Ltd. and ors.

Court : Delhi

Reported in : LC2008(3)257; 2008(38)PTC477(Del)

..... convention (1971).' consequent to the agreement, the copyright act, 1957 was amended in 1994 so as to incorporate definitions under sections 2(dd) and 2(ff) and the relevant provisions relating to broadcasting reproduction right in section 37, section 39 and section 39-(a) in chapter viii. the definition of broadcast under section 2(dd ..... coverage of a cricket match. 12. the learned senior counsel for the respondent, mr. soli sorabjee, contended as follows:a. section 61 of the copyright act, 1957 is mandatory. its effect and operation are not excluded nor limited by any non-obstante clause or by making the said section subject to any other provisions ..... 18th february 2008 be set aside, raised his arguments on a three fold basis. (i) broadcasting reproduction rights visa-a-vis copyright in the indian copyright act, 1957.(ii) the ownership of cinematographic copyright in the cricket matches telecast in the present case.(iii) defence of fair dealing. 9. while submitting the first of his three .....

Music Choice India Private Limited Vs. Phonographic Performance Limite ...

Court : Mumbai

..... , producing, acquiring, broadcasting, communicating, telecasting various entertainment and entertainment related content and programmes. the defendant is a company incorporated under the companies act, 1956 and has been registered as a collecting society under section 33(3) of the copyright act, 1957 ('the act' for short) to carry on the business of issuing licenses inter alia to broadcast / communicate to the public sound recordings.7. the ..... have no jurisdiction to entertain such applications. seeking such a remedy is to by pass regulatory provisions as well as the penal provisions as are set out in chapter xi and xiii of the act and the civil court cannot have such a jurisdiction to grant something which would frustrate the provisions of a statute. the observations made by the apex court .....

State of A.P. Vs. Nagoti Venkataramana

Court : Supreme Court of India

Reported in : 1996VIIAD(SC)212; 1997(1)ALD(Cri)54; 1997(1)ARBLR303(SC); JT1996(8)SC282; 1996(6)SCALE417; (1996)6SCC409; [1996]Supp4SCR812

..... piracy and the necessity for taking sufficient anti-piracy measures were also voiced by members of parliament at the time of the consideration of the bill to amend the copyright act, 1957, last year,2. mainly there are three types of piracy, namely, piracy of the printed word, piracy of sound recordings and piracy of cinematograph films. the ..... shall be admissible in evidence in all courts without further proof or production of the original. section 51 in chapter xi deals with infringement of copyrights. it provides, among other things, that a copyright in a work shall be deemed to be infringed when any person makes for sale or hire, or sells or lets for hire, ..... series of pictures as copy of the video should be created in respect of a cinematograph under the cinematograph act which gives protection to the purchasers of the cinematograph if they are registered under chapter x of the act. section 44 gives the right of registration and once the entries have been made by operation of section 48 .....

Super Cassette Industries Limited Vs. Bathla Cassette Industries Pvt. ...

Court : Delhi

Reported in : 2003VIIIAD(Delhi)572; 107(2003)DLT91; 2003(27)PTC280(Del); 2004(1)RAJ69

..... the plaintiff itself having admitted that their production was covered under the statutory defenses enlisted in section 52 of the copyright act 1957, the same cannot be the subject matter of protection under the provisions of the copyright act as the plaintiff's sound recording is not an original work. it is further stated that the alleged re ..... (1) a translator hopes to persuade a foreign author to let him translate his latest novel into english with a view to publication. he translates a chapter and submits it as an unsolicited sample of his workmanship. the foreign author refuses the offer but subsequently relents and the translated work is duly published. it ..... performer must seek protection for his performance under the provisions of the act relating to performers - see chapter 12 - and not under the law of copyright. ' '21.22 the statutory license section 8 of the copyright act 1956 provided that after the owner of the copyright in a musical work had permitted records of it to be made .....

Microforms Inc Vs. Girdhar and Co. and ors.

Court : Delhi

Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)

..... to the earlier definition interalia any artistic work as defined in clause 2(c) of copyright act, 1957 was specifically excluded.32. a copyright in a registered design was provided in section 11 under chapter iii and reads as under:11. copyright on registration -1) when a design is registered, the registered proprietor of the design ..... behalf of learned counsel for the defendants that inasmuch as the plaintiffs had not registered the designs the plaintiffs cannot claim any protection under the copyright act, 1957 with reference to the drawings.56. learned counsel for the defendants also pointed out the documents filed on record to show that the textile ..... the artistic works, there is stated to be no registration of the copyright. it is, however, claimed that whether such a copyright is registered or not, in view of the provisions of the copyright act, 1957 (hereinafter referred to as the copyright act) the copyright in the artistic works subsists and gives an exclusive right to the owner .....

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

..... chapter iii of the designs act. 17. dr. singhvi, the learned senior counsel appearing on behalf of the respondents in fao (os) no. 447/2008 titled as mattel inc. v. jayant agarwalla and ors., submitted as follows:i. section 15 of the copyright act was retained for the purpose of statutory harmony between the designs act, 2000 and the copyright act, 1957 ..... 51 and 64 of the learned single judge' s judgment. f. reliance was placed on section 15 of the copyright act, 1957 to emphasize the clear demarcation between the copyright act and the designs act. g. even assuming without admitting that the appellant' s fabric designs fell within the definition of = artistic works ..... fabrics, and each of these paintings and the modified drawings are separately and independently entitled to protection as an = artistic work' under the copyright act, 1957. the intermediate paintings leading to the final product satisfy all the requisites of = artistic works' and have independent existence by themselves as .....