INSTITUTE OF LAW, NIRMA UNIVERSITY

END SEMESTER QUESTION PAPER

PROGRAMME NAME: B.A.LL.B/B.COM.LL.B (RPR)

COURSE NAME: COPYRIGHT LAW, PROTECTION & PROSPECTS

SEMESTER VII

COURSE CODE: 2IPR721

Total Marks: 50 Time: 10:00 am to 3:00 pm

Q1. Epithet Publishing Agency (EPA), a USA Company, is an authorised distributor for Mr.
Rashid Khalid’s book “The Sky is Pink” in the Europe, European Union, Asia and
America. Mr. Rashid Khalid was awarded the Bestseller in 2019 and the book has
broken all records of sale since its release in 2018 January. The copies of the books sold
in Europe, European Union, Asia and America are prohibited for sale in Africa and the
Middle East. The Countries in Europe and European Union follow the Doctrine of
Regional Exhaustion, and those in Asia and America follow International and National
Exhaustion Policies respectively. Further, Africa and Middle East countries don’t have
any substantial provisions in their copyright laws governing the Exhaustion policies.
Based on the hypothetical, answer the following questions and justify your reasons
substantiating it with relevant provisions of law of IP: (Marks: 6+6=12)

1. Whether EPA can now file a suit for copyright infringement against ABC Book Store,
a retailer in Asia, who has started to sell the copies of the books at a lower price in
certain countries in Asia, after purchasing them in bulk quantity from a book store in
one of the Asian countries?
2. Whether EPA can now file a suit for copyright Infringement against ABC Book Store,
if they sell the copies of the books purchased from America in Middle East countries?

Q.2 Read the facts stated under. There is general proposition followed by specific
situational additions, provide your legal opinion to the situation individually using
relevant provisions under the Copyright Act, 1957
Mahesh has composed a piece of music which he calls “The Soul”. It took him three
years to perfect the composition. This included many days spent in studio playing the
tune out on piano. Once the piece was ready Mahesh called some of his friends to
gather in the studio to give him a critical review of the piece. On the said date
Mahesh handed over the composition to his friend Vinay, a pianist to play it on the
piano. All of Mahesh’s friends appreciated him for his efforts and even Vinay for his
skill. One of these friends in the get-together is Rajesh.

a. Mahesh tells Rajesh that for the whole of Gujarat he will own the copyright
over the reproduction, issuance of copies, and performance in public and
communication rights over the composition. Rajesh makes a sound recording
of Vinay’s performance and plays it to his friend Anmol who is a sound
recording producer. Anmol with the help of another set of performers records
the composition as part of a song and releases it as a part of an album in Pan
India . (5 marks)

b. Rajesh makes a sound recording o Vinay’s performance. That night after the
get-together he plays the recording to his friend a composer Khilji. Khilji
shares the composition with T-series who include it in a song and release it
widely as part of an album. (5 marks)
Q3. Analyze this cartoon and the issue of copyright infringement. (12 marks)

A. What do you see in the cartoon? Make a list of the significant things in the cartoon. How are
the characters dressed?
B. What are the characters saying to each other?
C. Is there any Copyright Infringement?
D. What is the cartoonist’s message? Do you agree or disagree with same? Explain your
answer.

Q4. Identify the copyrights found in everyday life experiences or something that you may find at
the university Campus or in the vicinity of your home/city. Describe the salient features of such a
copyright work that you identify and also mention about any copyright infringement issue that such
copyright might have faced or is facing. (8 Marks)
Q5. X takes a photograph of an original sculpture made by Y placed outside in a public
park. X’s photo is selected by Indian National Association of photographers as a best
photograph in Z category in 2019. X receives a lumpsum amount from the publisher AB to
use the photograph for D’s literary work: (8 marks)

(i) What claim does Y have? Explain using case laws

(ii) Is X entitled to royalty from AB? How much royalty? Give reasons