Court : Supreme Court of India
..... and the central government may renew the registration after considering the report of registrar of copyrights on the working of the copyright society under section 36: provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyright or of the right to receive royalty: provided further that every copyright society already registered before the coming into force of the copyright (amendment) act, 2012 shall ..... get itself registered under this chapter within a period of one year from the date of commencement of the copyright (amendment) act, 2012 ..... he relied heavily on the 2012 amendment to the copyright act, and in particular on chapter 8 of the said act. ..... the 2012 amendment to the copyright act was relied upon and placed with great emphasis by learned counsel appearing on behalf of the appellants. .....
Tag this Judgment!Court : Delhi
..... and the central government may renew the registration after considering the report of registrar of copyrights on the working of the copyright society under section 36: provided that the renewal of the registration of a copyright society shall be subject to the continued collective control of the copyright society being shared with the authors of works in their capacity as owners of copyright or of the right to receive royalty: provided further that every copyright society already registered before the coming into force of the copyright (amendment) act, 2012 shall ..... get itself registered under this chapter within a period of one year from the date of commencement of the copyright (amendment) act, 2012 .....
Tag this Judgment!Court : Delhi
..... the act was amended by virtue of the copyright (amendment) act, 2012 and by virtue of section 33(3a) of the act, which came into effect on 20.06.2012, read with the copyright rules, 2013 that came into effect on 14.03.2013, the existing copyright societies - such as the plaintiff - were required to obtain registrations under the amended provisions within a period of one year from the date of commencement of the copyright (amendment) act, 2012. ..... the plaintiff had claimed that by virtue of its registration under section 33 of the act, it was entitled to obtain exclusive authorisation to administer copyright in sound recordings owned by its members; to issue licenses of sound recordings for exploitation by the third parties; and also to collect licence fee from the third party users. ..... the plaintiff (applicant) states that since it is no longer a registered copyright society, it is necessary for the plaintiff to amend the present plaint.6. ..... prior plaintiff to filing a fresh suit would i think be needlessly expensive and would considerably delay an adjudication of a materially proposed amendment, the plaintiff claimed to be able to administer the copyrights in question as a society. ..... however, no orders were passed by the central government in respect of its application and, consequently, the plaintiff s registration as a copyright society lapsed. ..... it is claimed that the plaintiff informed this to the central government and withdrew its application for registration.5. .....
Tag this Judgment!Court : Delhi
..... the plaintiff is the first 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 state that the copyright (amendment) act, 2012 inserted section 38a in the act, provides certain exclusive rights to performers. ..... praveen anand, leaned counsel for the plaintiff would submit that the special right called the performer s right was for the first time introduced by the copyright (amendment) act, 1994 by way of the amendment to section 38 of the act of 1957. ..... from communicating to the public the plaintiffs repertoire comprising of performer's rights of all its members and of its sister societies which it is authorized to administer in india, without obtaining a license from the plaintiff or doing any other act violating the plaintiffs members' right to receive royalties (the r3 right) (iii) an order for rendition of accounts illegally earned by the defendant and a decree for the same be passed in favour of the plaintiff and against the ..... , performer owner of a song and each singer apart from the exclusive performer s also has the inalienable right to receive royalty under section 38a of the copyright act, 1957 (in short, act of 1957). .....
Tag this Judgment!Court : Delhi
..... it is pleaded in the writ petitions that as a consequence of inserting section 31(1)(b) and section 31(d) by the copyright amendment act, 2012 providing for compulsory/statutorily licensing, un-canalized and excessive powers have been conferred on the copyright board apart from depriving the copyright owners to have any control/say in who should be the licensees of their works. ..... (c) no.2316/2013, 2318/2013, 2321/2013 and 2959/2013 are filed questioning the vires of the provisions of the copyright act, 1957, as amended by the copyright (amendment) act, 2012, (act no.27 of 2012), namely, section 11, section 31(1)(b) and section 31d as well as rules 3(2), 7, 29, 30 and 31 of the copyright rules, 2013 (hereinafter referred to as the copyright rules ?). 3. ..... radio broadcasting in terms of section 31(d) of copyright act, 1957 as inserted by the copyright (amendment) act, 2012 and have been operating radio stations across the country. ..... by order dated 25.02.2015, the high court of calcutta passed an interim order directing the central government to give at least 10 daysnotice to the petitioners therein of the constitution of the copyright board and that the board after its constitution will also give the petitioner similar notice about its intention to fix the rates specified in section 31 and 31(d) of the copyright act, 1957 so as to enable the petitioners to seek an interim order in case the writ petition is not ready for .....
Tag this Judgment!Court : Kolkata
..... observed, the second proviso to section 33 (3a) was introduced by the copyright (amendment) act 2012 that would oblige every copyright society already registered to get itself registered within the time specified. ..... on june 21, 2012 the copyright (amendment) act 2012 came into force by which section 33 (3a).second proviso came into existence that would require all copyright societies to have re-registration under ..... he would contend, by the copyright (amendment) act 2012 sub-section3a was introduced to section 33 that would provide renewal of registration of the society who was already granted registration under ..... restraining the respondent no.5 from in any manner interfering with the running of the business of the respondent no.4 in the usual cours.pending re-registration under the copyright act, 1957 as amended. ..... the respondent no.5 from insisting upon submission of a declaration as to royalty which is required to be submitted in case of renewal of registration as per rule 47 (3) of the copyright rules, 2013 and not for the purpose of re-registration of the respondent no.4. ..... in short, he would object to the insistence of the central government in the notice dated may 24, 2013 wherein the central government asked for compliance of rule 47 (3).mr.mitra would suggest, such issue was a pure question of law and the observation of his lordship that the suit was a collusive one, ..... was rather an attempt to stall the measures that the central government had started taking against the society. .....
Tag this Judgment!Court : Delhi
..... to urge that section 52(1)(h) as it existed in the statute book before the copyright act was amended by act no.27 of 2012, which is identical to clause (i) post amendment of the act, was interpreted by the division bench as incorporating fair use ..... while ultimately holding that the guidebooks did not constitute an infringement of the copyright in the prescribed textbooks, the court, interpreting section 52(1)(h) of the copyright act, 1957, which is pari materia to section 52(1)(i) of the copyright act, 1957 after the 2012 amendment to the copyright act, held that since publishing houses were neither teachers nor students nor a person giving or receiving instruction, and were reproducing copyrighted material for commercial gain, section 52(1)(h) would not be applicable ..... opined that it had been left to each signatory country to define the scope of unreasonably prejudice the legitimate interests of the copyright holder and justified by the purpose ; and since the legislature is deemed to have been cognizant of india s obligations under the international covenants while in the year 2012 incorporating the amendments to the indian copyright act, 1957, and had allowed reproduction in the course of instruction by teachers and pupils without placing any limits on the ..... urged that notwithstanding definitions for textbooks being wide 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
Reported in : AIR1959Mad410
..... . nor is there much point gained by reason of the copyright act of 1914 having been adapted by the adaptation order of 1950 or by its amendment by central act iii of 1951 or 62 of 1956 because that adaptation or amendment had reference only to act iii of 1914 though undoubtedly they proceeded on the basis that the copyright act, 1911 scheduled to the copyright act of 1914 continued still to be part of the law of the country.35 ..... was 'necessary' included not merely in the phraseology necessitated by the emergence of india as a dominion, but also amendments or adaptations which became necessary by reason of the status which india attained.he further urged that the continuance of the applicability of the imperial copyright act to india was repugnant to the concept of its independence and that consequently it should be held that the copyright act ceased to apply in this country, this being held to be a 'necessary adaptation' within section 18 (3), of the indian ..... prejudicially affect any legal rights existing at the time of the repeal or amendment;(b) ceylon shall be included in the expression 'self-governing dominion' for the purposes of sub-section (2) of section 25 and sub-section (3) of section 26 of that act (which relate to reciprocity with self-governing dominions having their own copyright law) and the said sub-section (2) shall have effect in relation to ceylon as if that act so far as it remains part of the law of ceylon, had been passed .....
Tag this Judgment!Court : Mumbai
..... works incorporated in a cinematograph films or sound recordings shall be carried out only through a copyright society duly registered under this act; provided also that a performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the copyright (amendment) act, 1994 shall be deemed to be a copyright society for the purposes of this chapter and every such society shall get itself registered within ..... (1) no person or association of persons shall, after coming into force of the copyright (amendment) act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this act except under or in accordance with the registration granted under sub-section (3): provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with ..... interests of the authors and other owners of rights under this act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the applicants, register such association of persons as a copyright society subject to such conditions as may be prescribed: provided that the central government shall not ordinarily register more than one copyright society to do business in respect of the same class of works .....
Tag this Judgment!Court : US Supreme Court
..... the exercise of rights granted by the federal copyright act to control the performance of compositions for profit is prohibited by the statute; that existing contracts are impaired; property taken without compensation; recovery on extra state contracts denied, and the equal protection and due process clauses of the 14th amendment violated in manners specifically pleaded. ..... there is no evidence at all in the record from which even an inference can be drawn as to the amount, if any, individual appellees or other members might lose in florida by selling or licensing their copyrighted articles individually (which the law permits), instead of fixing prices by monopolistic combination (which the law prohibits). ..... original assignment of error, which had relied upon the failure to comply with equity rule 70 1/2, was amended to show subsequent compliance, but no assignment of error was made on account of the fact that the ..... more specifically, it urged that the law impinged upon rights given by the copyright act of 1909, deprived complainants of rights without due process of law and without the equal protection of the laws, impaired the obligation of contracts already executed, and operated ..... and some of its members representing all, seeking to enjoin enforcement of the statute as an unconstitutional invasion of copyright, held: (1) as the members own the copyrights, less the limited assignment to the society of the right of public performance for page 307 u. s. ..... central ..... ] central lumber .....
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