Court : Delhi
Reported in : 2003(27)PTC452(Del)
..... parties in this regard, it is necessary to refer to section 62 of the copyright act, 1957, which reads as under:62. jurisdiction of court over matters arising under this chapter:- (1) every suit or other civil proceeding arising under this chapter in respect of the infringement of copy right in any work or the infringement of ..... its local office in delhi at plaza theatre building, connaught circus, new delhi. thereforee, in view of the provision of section 62(2) of the copyright act, it cannot be said that the plaint does not contain necessary averments conferring jurisdiction on delhi courts thereby necessitating return of plaint for presentation to the proper ..... has arisen in bombay or the defendant had their residence/business within the jurisdiction of bombay courts. it was held that section 62(2) of the copyright act confers this jurisdiction by virtue of the said enactment and such special jurisdiction cannot be categorised as original civil jurisdiction of the court and, thereforee, .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2010Guj8
..... 1) every suit or other civil proceeding arising under this chapter in respect of the infringement of copyright in any work or the infringement of any other right conferred by ..... the copyright act, 1957, read with section 20 of the cpc, and in paragraphs 11,12 and 13 the hon'ble supreme court has held and observed as under:11. the division bench has also erred in its construction of section 62 of the copyright act, 1957. section 62 reads:62. jurisdiction of court over matters arising under this chapter:( ..... ble supreme court in the said decision has further observed that composite suit within the provisions of the 1957 act as considered in dhoda house (supra) therefore, would mean the suit which is founded on infringement of a copyright and wherein the incidental power of the court is required to be invoked. a plaintiff may seek .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1990Raj8; 1989WLN(UC)522
..... that has been produced by the labour, skill and capital of another'.7. the definition of 'literary work' given in section 2(o) of the copyright act, 1957 (hereinafter, for short, 'the act') is an inclusive definition and, therefore, not exhaustive. its 'literary work' includes tables and compilations. dissertation is, therefore, prima facie a literary work. ..... shri fateh singh mehta had in his thesis verbatim copied various chapters, pages summary paras and conclusions from the thesis which had been submitted by him for his m.e. degree in the mechanical engineering. the act of shri fateh singh mehta infringed the copyrights of the plaintiff. the plaintiff appended to his plaint schedule ..... 'a' in order to show the various chapters, pages and figures which had been (sic) by shri mehta from the thesis .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2753; JT2001(6)SC566; 2001(5)SCALE180; (2001)7SCC81; 2001(2)LC1271(SC)
..... jurisdiction of the court to try the same they also raised question that the petitioner are not the owners of the copyright in the said serial within the meaning of section 17 of the copyright act, 1957 and the copyright in respect of the said serial belong and vests with the respondents nos. 1 to 4. therefore, it was ..... submitted that the suit lacked cause of action. while traversing the case on merit they contended that it was all along agreed between the petitioners and respondents that the copyright in the ..... at the instance of the petitioners. when these factors had not been established and the suit is itself not dependent on the interpretation of section 7 of the copyright act, pleadings and issues raised did not attract the same. on appreciation of evidence, the courts below have come to the conclusion that the respondents did not make .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ARBLR248(Bom); 2003(3)BomCR827; 2003(27)PTC425(Bom)
..... dated 24th november, 2002 that m/s. cinevistaas ltd. had parted with valuable consideration, and prima facie the application of proviso (b) and/or (c) to section 17 of the copyright act, 1957 cannot stand excluded. the relevant clauses of the agreement dated 24th november, 2002 would in fact attract the applicability of those provisions (para 11 of the order of the learned ..... . also the rights of the petitioners were preserved. he submitted that the petitioners had a copyright in the script of the film under proviso (b) and (c) to section 17 of the copyright act, 1957. alternatively, he submitted that in any case assuming that respondent no. 4 had any copyright in the script of the film, he had assigned the same in favour of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ33
..... provision for registration. therefore, the question of registration being mandatory or not did not arise for consideration. their lordships of the division bench in passing adverted to the provisions of copyright act, 1957 and indicated that registration is mandatory and legal proceedings cannot be initiated in absence of registration. the observations were unnecessary for the disposal of the case under consideration and are ..... replacing the indian copyright act, 1914 and the copyright act of 1911 passed by the parliament of united kingdom as modified in its application in india in copyright act, 1914. as the law stood before the act, there was no statutory provision for registration of copyright and therefore, the question of non-registration affecting legal remedy did not arise.6. chapter iii of the act deals with copyright. section 14 explains .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj78
..... over the country and they exhibit such films recorded on video tapes by charging admission fees from their clients. in view of these circumstances, it is proposed to amend the copyright act, 1957, suitably to combat effectively the piracy that is prevalent in the country.'6. section 2(d) defines 'author' of dramatic work; musical wbyk; the composer; artist in photography; photographer and ..... author or the owner and not by the pirates. to make it more workable, the act itself gives proper guidelines in chapter xi of the copyright act. section 51 as reproduced above, gives the instances where the copyright is deemed to have been infringed. section 52 provides that no copyright is infringed in the circumstances mentioned in the said section. a duty has been cast on .....
Tag this Judgment!Court : Delhi
Reported in : 101(2002)DLT205
..... the aforesaid judgments clearly show that a matter in public domain cannot be a private property. under the copyright act, 1957 except under the provisions of the act, there cannot be copyright under the common law. under section 16 of the act, no person is entitled to copyright or any similar right in any work whether published or unpublished otherwise than in accordance with the provisions of ..... or given on hire on earlier occasions;28. section 16 specifies that no copyright can be claimed except as provided in the act. chapter 10 provides for registration of the copyright but it is well settled that copyright need not be registered.chapter 11 provides for infringement of copyright.section 51 provides:-'51. when copyright infringed.-- copyright in a work shall be deemed to be infringed- a) when any .....
Tag this Judgment!Court : Delhi
Reported in : 95(2002)DLT723
..... of delhi and defendants had violated the plaintiffs' statutory rights, and the jurisdiction of delhi courts was also attracted under section 62(2) of the copyright act, 1957, prima facie delhi courts and territorial jurisdiction to entertain the suit and grant temporary injunction.9. applying the above discussed legal position and referring to ..... that goods of both the parties are being sold in delhi. secondly, the jurisdiction of this court is also claimed under section 62(2) of copyright act, 1957. it is submitted that the allegations in the plaint clearly indicate that prima facie delhi courts have territorial jurisdiction to entertain the present suit. the support ..... within the territorial jurisdiction of this hon'ble court. 28. the jurisdiction of this hon'ble court is also attracted under section 62(2) of the copyrights act, 1957, since the defendants have copied the entire artistic work in the label entitled 'himalaya batisa' as for the registered artistic work in the label entitled .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR617; 2008(2)BomCR400; (2007)109BOMLR981; LC2007(2)223; 2008(36)PTC377(Bom)
..... mumbai on 9th november 2005. the plaintiff asserts that the concept note is a literary work within the meaning of section 2(o) of the copyright act, 1957 (hereinafter referred to as the act); and that the plaintiff has the exclusive right to reproduce the said literary work and to make a television programme based on the same in ..... negative the intention to copy the original and the coincidences appearing in the two works are clearly incidental no infringement of the copyright comes into existence.6. as a violation of copyright amounts to an act of piracy it must be proved by clear and cogent evidence after applying the various tests laid down by the case ..... on which the plaintiff is claiming order of injunction against the defendants. it is the case of the plaintiff that the defendants by their act of commission and omission have infringed the copyright of the plaintiff relating to her television programme 'work in progress'. going by the pleadings, it is not possible to accept the argument .....
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