Judgment Search Results Home > Cases Phrase: copyright act 1957 section 67 penalty for making false entries in register etc for producing or tendering false entries Page 1 of about 6 results (0.142 seconds)

M/s Knit Pro International Vs. The State Of Nct Of Delhi

Court : Supreme Court of India

..... 2018 by which the high court has allowed the said writ petition and has quashed the fir bearing no.431 of 2018 filed against the respondents for the offences under sections 63 and 65 of the copyright act, 1957 (hereinafter referred to as copyright act ), the original complainant has preferred to the present appeal. 12. ..... impugned judgment and order passed by the high court taking a contrary view is hereby quashed and set aside and the criminal proceedings against respondent no.2 for the offence under sections 63 & 64 of the copyright act now shall be proceeded further in accordance with law and on its own merits treating the same as a cognizable and non bailable offence. ..... 4.2 in the alternative, it is prayed by shri dave learned senior advocate appearing on behalf of respondent no.2 that if this court holds that the offence under section 63 of the copyright act is a cognizable offence, in that case, the matter may be remanded to the high court to decide the writ petition on merits on other grounds, as no other grounds were pressed ..... 3.3 it is submitted by learned counsel for the appellant that for the offences under section 63 of the copyright act, the punishment shall be imprisonment for a term which shall not be less than six months but which may extend ..... 23.10.2018, the learned cmm allowed the said application and directed the concerned sho to register the fir under the appropriate provision of law. ..... the said order, fir bearing no.431 of 2018 came to be registered with ps bawana. .....

Zee Entertainment Enterprises Ltd. Vs. Mr. Gajendra Singh and ors.

Court : Mumbai

Reported in : 2007(6)ALLMR532; 2007(6)BomCR700; (2007)109BOMLR2072; 2008BusLR161(Bom); LC2007(3)299; 2008(36)PTC53(Bom)

..... 'infringing copy' means-(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means.section 14 of the copyright act, 1957 for the purpose of the act defines 'copyright' to mean the exclusive right subject to the provisions of the act, to do or authorize the doing of any of the following acts in respect of a work or any substantial part thereof, namely:(d) in the case of a cinematograph film:(i) to make a copy of the film, including a photograph of any image forming part thereof;(ii) to sell or give on hire, or offer ..... by a letter dated 5.6.2007 with reference to the said affidavit, stated that the said santosh shendye joined the plaintiff as a lightman in the year 1992 and therefore called upon the plaintiffs to produce the employment record, including the salary slips, details of payment and the relevant statements of account in respect of the said santosh shendye. ..... question of the plaintiff having suppressed records such as the register of employees, documents under laws relating to provident fund, gratuity etc. ..... it is pertinent to note the following entry in the limca book of records in respect of the plaintiff's television game show.national recordthe indian television industry's longest running musical game-show close-up antakshari has continuously run on zee tv since ..... 273:my lords, the basis of a passing-off action being a false representation by the defendant, it must be proved in each case as a fact that the false representation was made. .....

The Indian Performing Right Society Ltd. Vs. Sanjay Dalia and anr.

Court : Delhi

Reported in : LC2007(3)204

..... it is also registered as a copyright society under section 33 of the copyright act, 1957. ..... the very question that arose in that case was 'which would be the forum before which a suit could be filed by the plaintiff in respect of infringement of a copyright or infringement of any other right conferred by the copyright act, 1957 in view of the provisions of section 62 thereof read with section 20 cpc' the averment made in the plaint in that case was that this court had jurisdiction to entertain and try the suit as the defendant was selling its products within the territorial ..... the plaintiff, as per the statements made in the plaint, is a non-profit making body established for the purposes of monitoring, protecting and enforcing the rights, interests and privileges of its members comprising of authors, composers and publishers of literary and/or musical works as well as on behalf of the members of other sister societies who are owners of copyrights in their literary and musical works. ..... and the new sub-clause (2) accordingly provides that infringement proceedings may be instituted in the district court within the local limits of whose jurisdiction the person instituting the proceedings ordinarily resides, carries on business etc.according to mr shakdhar the explanationn to section 20 would run counter to the intendment behind the introduction of section 62(2). .....

Eastern Book Company and ors. Vs. D.B. Modak and anr.

Court : Supreme Court of India

Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237

..... a person produces something with his skill and labour, it normally belongs to him and the other person would not be permitted to make a profit out of the skill and labour of the original author and it is for this reason the copyright act, 1957 gives to the authors certain exclusive rights in relation to the certain work referred in the act. ..... reports comprising of the appellants version or presentation of those judgments and orders of the supreme court after putting various inputs in the raw text and it constitutes an `original literary work of the appellants in which copyright subsists under section 13 of the copyright act, 1957 (hereinafter referred to as the act ) and thus the appellants alone have the exclusive right to make printed as well as electronic copies of the same under section 14 of the act. ..... alleged that the defendants had brought out another ticket book which the plaintiffs claimed to have written in 1929 and registered as copyright. ..... only the number of the section/rule at the beginning of the quoted extract; made margin heading and the first clause/sub-section or initial matter of section/rule etc. ..... person chooses to compose and write a volume devoid of the faintest spark of literary or any other merit, there is no legal reason why he should not, if he desires, become the first publisher of it and register his copyright, worthless and insignificant as it would be. 19. ..... 1 eastern book company is a registered partnership firm carrying on the business of publishing .....

Dr. Deb Kumar Roy Vs. State of Bihar and ors.

Court : Patna

..... under section 120(b) ipc there must be a criminal conspiracy for doing or committing a substantive offence either under indian penal code or in the penal provision of any other act, when it is conceded and could be found that the substantive offences are being the penal provision of copyright act alone, then there can not be any charge or allegation having conspiracy by the petitioner for such ..... connivance with the present petitioner who happened to be the station director of doordarshan kendra, patna, at the relevant time had entered into such agreement to the detriment of the complainant and on false and frivolous alleged permission a huge amount of the government have been embezzled by the co-accused persons including the petitioner.4. ..... from a news item published in daily newspaper 'aaj' on 13.11.1997 he could learn that doordarshan kendra, patna, had approved the proposal of co-accused girish ranjan for producing the tele serial under 'commissioned category' of the said novel 'lohe ke pankh'. ..... heir of himanshu srivastava, contacted co-accused girish ranjan who discloses him that during his life time himanshu srivastava had given written permission to him for producing the tele serial on his novel 'lohe ke pankh'. ..... himanshu srivastava had not given any permission to girish ranjan for producing the tele serial. ..... searching and found letters written by his father himanshu srivastava by which only permission was given to girish ranjan to direct the serial and not to produce it. .....

R.Radha Krishnan Vs. Mr.A.R.Murugadoss

Court : Chennai

..... learned counsel for the applicant/plaintiff relied upon section 51 of the copyright act, 1957 to state that the action of the respondents 1, 3 and 4/defendants 1, 3 and 4 amounts to infringement of copyright. ..... a conjoint reading of the above provisions makes it clear that what is protected under the copyright act is the work which is relatable to a cinematograph film that is to say visual recording, including sound recording produced by process of analogous to cinematography including video film.26. ..... the first respondent/first defendant through his counsel by reply dated 13.9.2013, refuted the claim and also stated that the name raja rani has been registered by the first respondent/first defendant with the tamil film producers council as early as on 13.10.2012, vide first respondent/first defendant document no.3 and refuted plaintiff's claim on various issues. ..... in the above decision, the learned single judge has relied upon the nimmer on copyright, article 20.01(b) at page 2-15 to state that there is no copyright on titles, slogans, familiar symbols or designs, etc.18. ..... it is not the case of the applicant/plaintiff that the story line, script, etc. ..... the word raja rani is commonly used while referring to the king and queen in a movie, short play, drama, etc. ..... coying of a title alone, and not the plot, characterization, dialogue, song etc. .....

Mrf Limited. Vs.metro Tyres Limited.

Court : Delhi

..... is also surprised to note that nowhere in the proposed bill, the term principal director has been defined whereas the definition of the term producer has been provided under section 2 (uu) of the copyright act, 1957. ..... 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 responsibility for making a ..... the case of the plaintiff that it is the author of the aforesaid advertisement which constitutes a cinematograph work under section 2(f) of the copyright act, 1957 (hereinafter referred to as act, 1957 ) and is entitled to protect it under section 14 of the act, 1957.7. ..... merely because the producer is the owner of the copyright under the act, 1957 does not mean that there is no creative input by the director or that the scope of the copyright protection for a film under the act, 1957 is in any manner narrower than with respect to ..... of objects and reasons of the act, 1957 specifically states that a cinematograph film will have a separate copyright apart from its various components namely, story, music, etc. 57. ..... it is further averred that the plaintiff s trademarks mrf nv series and revz are registered under class 12 of the trade marks act, 1999 and since its commercial launch in june, 2015, the plaintiff has sold almost eighteen lakhs fifty four thousand units of the mrf nv series revz tyres till 30th june, 2017, generating a .....

Abdul Sathar Vs. Nodal Officer, Anti-piracy Cell and anr.

Court : Kerala

Reported in : AIR2007Ker212; 2007(35)PTC780(Ker)

..... the language of provisions of section 63 of the copyright act and the language of the relevant entries in the schedule to the code of criminal procedure make the position crystal clear. ..... the offence on hand, the one under section 63 of the copyright act, is punishable with imprisonment for a period of 3 years. ..... the copyright act as amended does not anywhere specifically refer to cognizability for the purpose of investigation ..... the schedule to the code of criminal procedure shows that if, the offence under other laws is punishable 'with imprisonment for three years and upwards, but not more than 7 years', the offence will be cognizable and non-bailable. ..... the learned counsel for the petitioner in wpc 7057 of 2007 submits that knowledge is an essential part of the offence under section 63 and that the accused in that case did not have the requisite knowledge at any rate ..... a plain reading of the stipulations in the schedule shows that if the offence is punishable with imprisonment for 3 years and upwards, but not more than 7 years, it must be reckoned as cognizable. ..... part ii of the schedule to the code classifies the offences as cognizable/non-cognizable and bailable/non-bailable and prescribes the forum for trial depending on the gravity of the punishment as ascertained from the nature of the sentence imposable for the offences under such other laws. ..... section 63, according to me, is clearly punishable with imprisonment for 3 years and in these circumstances the offence has to be held to be .....

Entertaining Enterprises, Madras and ors. Vs. State of Tamil Nadu and ...

Court : Chennai

Reported in : AIR1984Mad278

..... 9(2) read with section 15(2) of the impugned act and section 63 of the copyright act, 1957 constitute different offences, and therefore section 20 which makes an offence under the act cognizable one cannot be said to be ultra vires, that even if the video cassettes cannot come under the term 'cinemas' occurring in entry 33 of list ii of schedule vii, the videocassettes will clearly fall under the term 'entertainment' occurring in the same entry according to them, the act is not violative of the petitioners' fundamental rights under article 19(2) and ..... even though the copyright act, 1957 did not provide for any copyright in respect of shows shown on television sets as was done by the english copyright act, 1956, as a result of the inclusive definition of cinematograph film including any work produced by any process analogous to cinematography, the exhibition of film right was recognized in a television through video tapes in which a cinematograph film is recorded, will also fall within the definition of cinematograph film ..... were considered to be rights protected by the copyright act .it is only in the 1957 act, the definition of copy right was enlarged to include the exclusive right to communicate works by radio-diffusion, and a separate copyright was recognized in a cinematograph film apart from its various components namely, story, music etc. ..... ordinance also provides for other incidental matters including penalty, confiscation, powers of search and seizure and rule making power. .....

Deepak Printery Vs. the Forward Stationary Mart and ors.

Court : Gujarat

Reported in : (1976)17GLR338

..... shirantanlal koshal : air1970mp261 to the affect that under the copyright act of 1957 a work is required to be registered. ..... there is no express provision in the act which makes it obligatory for the owner of a copyright to get it registered under the copyright act. ..... basides, the point whether or not a work requires to be registered under the copyright act was not directly in issue before the madhya pradesh high court and it is merely an obiter dicta. ..... there is sufficient compliance with section 18 of the copyright act and, in my opinion, if kanu desai had any copyright, the plaintiff can claim protection in regard to the said copyright as an assignee from the plaintiff. ..... it will be convenient to refer to certain aspects of the copyright act 1957, arid the law relating to copyright before tackling the facts of the case. ..... 2017 etc. ..... so also he has to admit that the showing of the month, date etc. ..... says the plaintiff further onwards:the proverbs are used by other persons in newspapers, periodicals, books etc. ..... this is abundantly clear from the definition of the expression artistic work which refers to paintings, sculptures, drawings and photographs etc. .....