LIST OF ABBRIVATIONS

S.No. ABBRIVATION TITLE

1) App.No. Application Number

2) AIR All India Reporter

3) C.P.C. Civil Procedure Code

4) ICA Indian Contract Act

5) IEA Indian Evidence Act

6) Art. Article

7) CL Clause

8) E.g. Exemplum Gratia (For Example)

9) Hon’ble Honorable

10) i.e. That is

11) Ltd. Limited

12) Ors. Others

13) Bom. Bombay

14) Cal. Calcutta

15) SCC Supreme Court Citation

16) P&H Punjab & Haryana

17) SCR Supreme Court Reports

18) V. Verses
19) O.S. Original Suit
20) @ At the rate

1
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
 INDEX OF AUTHORITIES

S.No. BOOKS, AUTHORS & CASE LAWS

BOOKS
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in

2) www.casemine.com

3) Mulla, Civil Procedure Code, 1908 including upto date Amendments, Authored by:
Justice Kurian Joseph and Ms.Namit Saxena, Twentieth Edition, 2022, Published by
Lexis Nexis

4) www.iPleaders.in

5) Indian Law of Copyrights by D.P.Mittal

6) Intellectual Property Rights by P. Narayana

7) Specific Relief Act, 1963 by Avtar Singh – 13th Edition, 2022

CASE LAWS

The Chancellor, Masters & Scholars Of University of Oxford & Ors V. Rameshwari
1) Photocopy Services & Ors. on 9 December, 2016 (Delhi High Court)

2
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
 STATEMENT OF JURISDICTION

Jurisdiction means and includes any authority conferred by the law upon the court, tribunal, or judge
to decide or adjudicate any dispute between the parties or pass judgement or order.

The Plaintiff invokes its jurisdiction under section 62, sub-section (1) and (2) of the Indian Copyright Act,
1957. It sets forth the laws and evidence that support the allegations.

Section 62, sub-section (1) states that “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 this Act shall be instituted in the district court having jurisdiction”.

Section 62, Sub-Section (2) states that “For the purpose of sub-section (1), a "district court having
jurisdiction" shall, notwithstanding anything contained in Section 26, 15 and 18 – Order 1, Rule 1 to
13 of the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force,
include a district court within the local limits of whose jurisdiction, at the time of the institution of
the suit or other proceeding, the person instituting the suit or other proceeding or, where there are
more than one such persons, any of them actually and voluntarily resides or carries on business or
personally works for gain”.

Order 39, Rule 1 and 2 of the Civil Procedure Code, 1908 deals with temporary injunctions, while Rule
2 deals with permanent injunctions. These rules outline the conditions under which injunctions can be
granted and the consequences of disobedience or breach of such injunctions.

3
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
 STATEMENT OF FACTS

1. Mr. Jenish, who is known for his captivating work and is a resident of Hyderabad, wrote the book
“Who is There?” and the first copy of the book was published in 2000, which attracted a massive
audience in the country. Subsequently, he published three more sequels in 2005, 2010, and 2013,
respectively.

2. The author's last book, published in 2013, had a suspenseful ending with cryptic plot
holes that have fascinated audiences. After announcing the release of the final book, the
author attended conferences and seminars and live shows to assure its release, but no
sequel was launched until five years.

3. Mr. Jigar is a huge fan of the work of Mr. Jenish who is working an IT professional company
based at Hyderabad. His hobby of reading mystery novels and also a dedicated and loyal fan of
all editions of the book “Who is There”.

4. Mr. Jigar, an IT professional from Hyderabad, is a fan of Mr. Jenish's mystery novels. He
has been a loyal reader since the first book's release and is eagerly anticipating the final
chapter. Jigar attends Mr. Jenish's seminars and meets other fans who are also eagerly
anticipating the release of the final chapter to answer their queries about the cryptic plot
holes.

5. Mr. Jigar has emailed the author multiple times about the release date of the final chapter, but no
specific answers were provided. He also presented fan theories on social media platforms like
Instagram, Reddit, and Facebook etc., which were appreciated. Feeling anxious and unsettled, he
decided to find a way on his own. He downloaded all 4 volumes of the book from Dwindle.com,
a vast digital library offering access to millions of books, magazines, and audiobooks, as well as
the option to buy or download e-copies. Eventually, Mr. Jigar converted all four volumes into
PDFs, combined them into a software called "AI Advanced," and trained the model with creative

4
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
 commands to generate the final chapter of the book, answering all plot holes from the last released
book.

6. On February 26, 2021, AI software named "AI Advanced" generated the final chapter of the novel
"Strike the Shadow," resolving all plot holes and adding a new dimension to the storyline. This
impressive sequel brought joy to the book club and its fans. The author publicly shared the
findings and theories of the final chapter on social media, describing the findings of the plot holes
and discussing the AI-generated plot holes in several book club discussions and virtual gatherings.

7. The revelation of the AI-generated book sparked massive fan enthusiasm, leading to a demand for
the entire plot of the book. The author shared the whole AI-generated book on various social
media platforms, ensuring the massive fanbase got access to the whole storyline, which created
tremendous excitement among them, and the plot went viral in no time.

8. In a week's time, the original author, Mr. Jenish, discovered a digital copy of a plot on
social media and discovered that the concept was copied from previous volumes of his
book. Some of the AI-generated theories aligned with his original theories, which he was
supposed to incorporate into his final book. This led to his disappointment as his ideas
were plagiarized by a fan, Mr. Jigar.

9. On June 15, 2021, Mr. Jenish filed a suit against Mr. Jigar for copyright infringement under
Section 62 of the Indian Copyright Act, 1957, requesting an injunction to prevent him from
publicizing his book and posting a copy on social media until the suit's disposal.

5
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
 LIST OF ISSUES RAISED

1) Whether Mr. Jenish has right on his idea for writing his final book?

2) Whether Mr. Jigar has the defence of “Fair Dealing” and “Originally” for AI generated book
“Strike the Shadow”.

3) Whether Mr. Jigar has committed infringement of Copyright of Mr. Jenish?

4) Whether Mr. Jenish is entitled to get Injunction preventing Mr. Jigar from Communicating the
Book with Public and removing and posting a copy of the book on any Social Media Platform till
disposal of this Suit?

6
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
 SUMMARY OF ARGUMENTS
1) Whether Mr.Jenish has right on his idea for writing his final book?

Under Section 22 of the Indian Copyright Act, 1957, the term copyright in published literary, dramatic,
musical, and artistic works, except as otherwise hereinafter provided, shall subsist in any literary,
dramatic, musical, or artistic work (other than a photograph) published within the lifetime of the author
under 50 years (Act 13 of 1992) from the beginning of the calendar year next following the year in which
the author dies.

2) Whether Mr. Jigar has the defence of “Fair Dealing” and “Originality” for AI generated book
“Strike the Shadow”?

Under Section 52, Sub-Section (1)(a)(i) of the Indian Copyright Act, 1957 – Certain acts not to be
infringement of copyright – affirms that private use including research; shall not constitute an
infringement of copyright.

Hence, Mr. Jigar has the defence of “Fair Dealing” and “Originality” for AI-generated book “Strike the
Shadow”.

3) Whether Mr. Jigar has committed infringement of Copyright of Mr. Jenish?

Under Section 52, Sub-Section (1)(aa)(i) of the Indian Copyright Act, 1957 affirms in order to utilize the
computer programme for the purposes for which it was supplied is not constitute the infringement of
copyright.

4) Whether Mr. Jenish is entitled to get Injunction preventing Mr. Jigar from Communicating the
Book with Public and removing and posting a copy of the book on any Social Media Platform till
disposal of this Suit?

7
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
In view of Section 52 of the Indian Copyright Act, 1957, Mr. Jenish will not succeed to get injunction
preventing Mr. Jigar from communicating the book with public and removing and posting a copy of the
book on any social media platform till disposal of this suit.
ARGUMENTS ADVANCED

1) Whether Mr.Jenish has right on his idea for writing his final book?

Under Section 22 of the Indian Copyright Act, 1957, the term copyright in published literary, dramatic,
musical, and artistic works, except as otherwise hereinafter provided, shall subsist in any literary,
dramatic, musical, or artistic work (other than a photograph) published within the lifetime of the author
under 50 years (Act 13 of 1992) from the beginning of the calendar year next following the year in which
the author dies.

2) Whether Mr. Jigar has the defence of “Fair Dealing” and “Originality” for AI generated book
“Strike the Shadow”?

Under Section 52, Sub-Section (1)(a)(i) of the Indian Copyright Act, 1957 – Certain acts not to be
infringement of copyright – affirms that private use including research; shall not constitute an
infringement of copyright.

Case Law: The Chancellor, Masters & Scholars Of University of Oxford & Ors V. Rameshwari
Photocopy Services & Ors. on 9 December, 2016, the Delhi High Court affirmed that a fair dealing with
any work, not being a computer programme for the purpose of private or personal use including research
or review whether of that work or any other work is not constitute an infringement of copyright.

3) Whether Mr. Jigar has committed infringement of Copyright of Mr. Jenish?

Under Section 52, Sub-Section (1)(aa)(i) of the Indian Copyright Act, 1957 affirms in order to utilize the
computer programme for the purposes for which it was supplied is not constitute the infringement of
copyright.

8
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
In view of the matter is not constitute the infringement of copyright, Mr. Jigar has not committed any
infringement.

4) Whether Mr. Jenish is entitled to get Injunction preventing Mr. Jigar from Communicating the
Book with Public and removing and posting a copy of the book on any Social Media Platform till
disposal of this Suit?

In view of Section 52 of the Indian Copyright Act, 1957, Mr. Jenish will not succeed to get injunction
preventing Mr. Jigar from communicating the book with public and removing and posting a copy of the
book on any social media platform till disposal of this suit.

Since Mr.Jigar did research work on the final chapter and found the cryptic plot holes while using the
artificial intelligence programme, which is not a violation of the copyright act and there is no such
infringement involved, the question of getting an injunction order to prevent Mr. Jigar from
communicating the book from the court of law.

9
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh
 PRAYER

IN LIGHT OF THE ISSUES RAISED, THE AUTHORITIES CITED, AND THE

ARGUMENTS ADVANCED, IT IS THEREFORE PRAYED THAT THIS
HONOURABLE COURT MAY BE KINDLY PLEASED TO:

Since Mr.Jigar, defendant did research work on the final chapter and found the cryptic plot holes while
using the artificial intelligence programme, which is not a violation of the copyright act and there is no
such infringement involved, the question of getting an injunction order to prevent from communicating
the book from the court of law.

Date: 15 / 06 / 2021
Place: Hyderabad

ADVOCATE
COUNSEL FOR DEFENDANT

10
1) Indian Copyright Act, 1957 downloaded from www.indiacode.nic.in
2) Casemine.com
3) iPleaders.in
4) Indian Law of Copyrights by D.P.Mittal
5) Intellectual Property Rights by P.Narayana
6) Specific Relief Act, 1963 by Avtar Singh