• Copyright

u re
ced
Pro
g
l in
fi
d
an
ew
i
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Laxman Kale Ov
e
M.Pharm, LL.B PGD(IPR), PGD (Clin Research)

Advocate & IP Attorney,

Bombay & Goa High Court, Mumbai
Founder Partner of Kale Lex-IP Legal, Apex Juris LLP
91485294000
adv.laxmankale2019@gmail.com
 • What is Copyright?

™ ® ℠ ©
 Copyright

• Copyright is a brainchild of Author

• Fruits of his labour
• so, considered to be his property
• worthy of protection by national laws and
international Conventions relating to Copyright*

Rights given to creator to stop others

copying their expression of Idea and
Legal Framework
Labour put to create for the work.
• Not only Author, Composer, Artist
• Also protects Industries: Film, Publishing,
broadcasting, Recording and computer software
industries
• No business can afford to be ignorant on
Copyrights implications
*Gramophone Company Of India Ltd vs Birendra Bahadur Pandey & Ors
 Copyright subsist in expression of Idea not Idea

Love
story

Cover
Copyrightable?

Eastern Book Company & Others vs Navin

J. Desai & Another, D.B. ... on 17 January, 2001 (indiankanoo
n.org) Book
Fair Use
 Trailer similarity

Trailer was released by Raabta Team

Telugu film “Magadheera” over alleged Trailer released and Seemed to be copying the story of Maghadheera
copyright infringement against “Raabta” team
Copyright Owners Have Right To Dub Cinema?

Original Malayalam
Remake of Malayalam in Telugu
Hindi Dubbed version of Telugu
Assigned remake rights to
JA entertainment producers of Telugu Version Sithara Entertainment
Pvt Ltd Telugu Producer
Assigned rights
Goldmine Telefilms Pvt. Ltd
Its version to dubbed in
Hindi
Violation of copyright in an unpublished work ?

Nandi Chinni Kumar in 2017, he bought the exclusive copyrights

from with Akhilesh Paul under 'Life Story Rights Agreement'.

Also signed a 'No Objection Certificate', declaring that the director

is the authorised person for exclusive rights for making the biopic
in any language

But Akhilesh Paul entered into another agreement with 'Jhund' producers, Akhilesh Paul
Vijay Barse
which is based on Akhilesh Paul Slum soccer player and Vijay Barse Nagpur-
based retired sports teacher who starts a slum soccer movement
Course packs related compiled Binding violating Copyright of authors?

Prescribed in the syllabus

Course packs

Oxford University Press

The Cambridge University Press
The Taylor & Francis Group
2012

Necessary party
Vs
1.Delhi University
3.ASEAK*
2.Rameshwari Photocopy Service
4.SPEAK**

Delhi Highcourt
ORIGIN AND HISTORY OF THE INTERNATIONAL
COPYRIGHT UNION
• Brussels Congress of 1858
• Artistic And Literary Congresses of 1878
• International Literary and Artistic Association 1879
• Berne Conference of 1883
• Official Conference of 1884
• Official Conference of 1885
• Final Conference of 1886
• Outline of Berne Convention of 1886
• Paris Conference of Revision 1896
• Berlin Conference of Revision 1908
• Additional Protocol of 1914
• Rome Conference of Revision 1928
• Brussles Convention 1948
• Stockholm Convention of 1967
• Paris Revision of 1971
• The Universal Copyright Convention of 1952
• Pan American Conventions
 Term of Copyright
• Literary, dramatic, musical or artistic work (other than a photograph) : lifetime of the author plus 50 years

•  Joint authorship : lifetime of the author who dies last plus 50 years

• Anonymous or pseudonymous works :  50 years from the year of publication

• Identity of the author in the previous case is disclosed before the expiry of the fifty years period the term will extend to 50 years
after the death of the author.

•  Posthumous publications the term will be fifty years from the year of publication

•  Photograph is 50 years from the year of its publication

• cinematography film and record 50 years from the year of its publication

• first owner of copyright is the government or a public undertaking the term of copyright is fifty years from the year of publication

• Copyright works of International Organization also have a term of 50 years from the year of publication.

https://www.advocatekhoj.com/library/lawareas/copyright/index.php?Title=Copyright
 Berne Convention of 1886 Signed : 9 September 1886
Location: Berne, Switzerland
• Deals with the protection of works and the rights of their authors Effective: 5 December 1887
Parties: 179
• (a) National treatment : Must be given the same protection in each of the Depositary: Director General of the
other Contracting States as its own nationals
World Intellectual Property
• Automatic protection: Protection must not be conditional upon compliance with any Organization
formality Languages: French (prevailing in case
• principle of "independence" of protection:  Protection is independent of the existence of differences in interpretation) and
of protection in the country of origin of the work English, officially translated in Arabic,
German, Italian, Portuguese and
(2) Minimum standards Spanish
(a) As to works, protection must include "every production in the literary, scientific and
artistic domain, whatever the mode or form of its expression" (Article 2(1) of the Copyrighted for at least 50 years
Convention). after the author's death
(b) Subject to certain allowed reservations, limitations or exceptions, the following are  cinematography the minimum is
among the rights that must be recognized as exclusive rights of authorization: 50 years after first showing
the right to translate, For photography, the Berne
the right to make adaptations and arrangements of the work, Convention sets a minimum term of
the right to perform in public dramatic, dramatico-musical and musical works, 25 years from the year the
the right to recite literary works in public, photograph was created
the right to communicate to the public the performance of such works,
the right to broadcast
International Copyright
Conventions
The lex loci and the lex fori
• National Treatment (Assimilation)

• Ideal of international Law -- all men are equal before the law

• Psychological and political reason

• Psychological reason: Quality of judgements will be better and the law

• Political reason : Right owners in countries of low level protection will realise that they get better
treatment abroad in high level protection countries

• Confiscating measures valid under the law of the country where the confiscation takes place have
no validity in other countries
Copyright act 1957
Published 
The Copyright Act, 1957 protects original work from unauthorized uses
Unpublished 

Copyright gives no protection for ideas Protects Expression of Idea

Copyright in works published before 21st January, 1958, i.e., before the Copyright Act, 1957

Copyright does not ordinarily protect titles by themselves or names, short word
combinations, slogans, short phrases, methods, plots or factual information.

Copyright comes into existence as soon as a work is created and no formality is required to be
completed for acquiring copyright.

Certificate of registration of copyright and the entries made therein serve as prima facie evidence in
a court of law with reference to dispute relating to ownership of copyright.
 Copyright act 1957
Section 13
Copyright shall subsist throughout India in the following classes of works

Original literary Cinematograph films Sound recording

Dramatic

Musical

Artistic works

Qualify for copyrights

The work is first published in India

Original Citizen of India
Sufficient judgment, skill and labor or capital Architectural work of art, the work is located in India .
 Artistic work
• Artistic work” : a painting, a sculpture, a drawing (including a diagram, map, chart or plan),
an engraving or a photograph, whether or not any such work possesses artistic quality; a
[work of architecture]; and any other work of artistic craftsmanship
. Title of the work*
Maps
within 30 days . Pamphlets & posters
Registration is filled & submitted online Copyright Office Sculptures & moldings
along with all necessary . Painting
documents
Drawing
Applicant must send notices to all the interested parties, prior
to filing Artistic Work
1.Two copies of the work
Search certificate from the trademark office (TM -60) 2.DD or IPO of ₹(applicable) according to work
3.Author’s NOC if the applicant is different from the author
Artistic works capable of being registered under Designs 4.Publisher’s NOC if the work published and publisher is different from the
Act 2000: Affidavit stating not applied for registration applicant
under Designs Act 5.Search certificate from the trademark office (TM -60) if the work is being
used on the goods or capable of being used on the goods
not been reproduced >50 times by the applicant 6.NOC from the individual whose photograph appears on the work
7.If the application is being filed with the help of an attorney, a specific power
*Krishika Lulla & Ors. vs Shyam Vithalrao Devkatta & Anr.
of attorney duly signed by the applicant and accepted by the attorney.
 Original Work
• Eastern Book Company & Others vs Navin J. Desai & Another

Copyright claimed by EBC in the headnotes, in the selection, manner of arrangement and in the manner of
presentation of the judgments in both printing and electronic form

Editors go through the entire judgment and draft the head notes that require considerable amount of skill, labour and
expertise 

The defendants developed a software package called "THE LAWS", published in two CD ROMs.
The other defendants developed a software package called "GRAND JURIX" published in three CD-ROMs.

Short notes and head notes of the defendants' software in both the cases were identical to the short notes and headnotes
published in the plaintiffs S.C.C. 
There cannot be any monopoly in the subject matter which
Eastern Book Company & Others vs Navin
the author has borrowed from public domain.
J. Desai & Another, D.B. ... on 17 January, 2001 (indiankanoo
n.org)
Registration of Copyright
Application in triplicate with prescribed fees

Serve notice of his application to every person who has

any interest in the subject matter

Objection  Prosecution  Register of copyright

Registrar then sends copies of the entries made in the

register to the parties concerned
 JK Enterprises TATA Nihar

Published in 2002 Since 1995

Entry wrongly made or remaining in the copyright registrar

?
Cannot be granted to Reproduction or Imitation of original work

S -45
LITERARY WORK and Dramatic Work

• Literary works includes but are not limited to textbooks, poem, magazine, catalogue, letters, novel,
dissertation, lyrics of song etc.
• Literary workincludes computer programmes, tables and compilations including computer databases.
• Dramatic work includes any piece for recitation, choreographic work or entertainment in dumb show, the
scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a
cinematograph film
• “computer programme” means a set of instructions expressed in words, codes, schemes or in any other
form, including a machinereadable medium, capable of causing a computer to perform a particular task or
achieve a particular result.
• Application for registration under Software Category (Not Literary Category) (r 69), accompanied by the
source and object code. (r 70(5)
Compilation does not really create anything new
If no originality is found in the expression and
content of the work, the work will not qualify copyright protection is only provided for the new original
for copyright protection. literary work of authorship and not to the work as a whole.
 Writers make national literature while Translators make universal literature

Literary Work and Dramatic Work

Can adoption and Translations be called original works?

• Adaptation: Copyright will subsist in an

adaptation to the extent of the new and
original material contained in the
adaptation which was not present in the
original work
• Publication of the adaptation will be
possible only with the licence or written
consent of the copyright owner of the
original work.
• Eg: adapting a novel as a comic. adapting a
book into a stage play. • Translation: written or spoken rendering of the meaning
of a word or text in another language
• Copyright subsists in translation of a work
• Translation Author having copyright over the same
• written consent or a license from the copyright owner of
the original work
The new work that the author contributed to the prior work must fall within one or more classes listed in Section 13 of the Act.
 Musical work

• Author in relation to the musical work is a “Composer”.

Arrangement: musical work which resulted from the rearrangement of an existing musical work

Transcription: an arrangement of a musical composition for some instrument or voice other than the original

Adaptation: remixing of musical compositions

DIFFERENCE BETWEEN MUSICAL WORK & SOUND RECORDING? Music

Form XIV
Indian Performing Rights Society v. Eastern Indian Motion Pictures Association Fee :500
Two copies of work (graphical notes)
DD or IPO of ₹(applicable) according to work
Melody or harmony reduced to printing, writing, or graphic form NOC from the publisher if the work published and publisher is
different from the applicant
Author’s NOC if the applicant is other than the author
Sound Recording Copyright may be claimed in the aggregate of sound If the application is being filed with the help of an attorney, a
embodied in any tangible medium, specific power of attorney duly signed by the applicant and
accepted by the attorney.
 copyright protection *
titles are not subject to
Title of songs: Names and
One Registration Application for one work
Sound recording 2 (xx)
• A recording of sounds from which such sounds may be produced regardless of the medium on which such
recording is made or the method by which the sounds are produced
• A song, a recorded speech, or an audio book.
• Releasing the sound recording in market in a CD/DVD/Flash Drive or any other means of storage.
• The term of protection for sound recording is 60 years. S-27

Difference between author, owner, and publisher:
1) 2(d)(v) producer is the author
2) Owner is the person who owns or by virtue of an
agreement, is entitled to own the copyright in a work.
3)Publisher is the person who makes the work available
to public.
Discrepency: If Filing of sound recording works under
the category of Musical work
*Krishika Lulla & Ors. vs Shyam Vithalrao Devkatta & Anr.
Sound Recording
1.Form XIV
2.Statement of Particulars [SoP]
3.Two copies of the work
4.DD or IPO of ₹(applicable) according to work
5.NOC from different copyright holders or copy of the agreement (deed of
assignment)
6.NOC from the publisher if the work published and publisher is different from
the applicant
7.However, if the application is being filed with the help of an attorney, a specific
power of attorney duly signed by the applicant and accepted by the attorney.
Amendments
The Copyright Act, 1957 (the ‘Act’) came into effect from January 1958
1957
The main reasons for amendments to the Copyright Act, 1957 include to bring the Act in conformity
with two WIPO internet treaties concluded in 1996 namely, the WIPO Copyright Treaty (“WCT”) and
WIPO Performances and Phonograms Treaty (“WPPT”); to protect the Music and Film Industry and
1983
address its concerns; to address the concerns of the physically disabled and to protect the interests
of the author of any work; Incidental changes; to remove operational facilities; and enforcement of
1984 rights. 

Sections 32 A and 32 B 'compulsory licences' for publication of copyrighted foreign works in any
Indian language
1992
Section 19 A empowered the Copyright Board, upon a complaint, to order revocation of the
assigned copyright where either the terms are 'harsh' or where the publication of the work is
unduly delayed.
1994

"musical work" has to be written in a notation: This requirement is being done away with as in
1999 practice it denied any protection to most of the Indian composers

2012
Head office

Office:
• Registrar of Copyrights
Plot no. 32, Boudhik Sampada Bhawan,
Sector 14, Dwarka, New Delhi- 110075

By Post “E-filing facility “ 14th February 2014

Any individual who is an author or rights owner or assignee or legal heir can file application for
copyright of a work either at the copyright office or by post or by e-filing facility from the copyright
Office web-site "www.copyright.gov.in"
 Assignment Section
18,19,19A,20

W or
k
or
tu ng
Assignment: Transfer of ownership fully or partially u/s 18

Fu xisti
Term: Limited or full term of copyright

re
E
Can assign different person in different countries

Must be in writing u/s 19

Assignee in term can assign to other
Assignee can Sue for Infringement (Partial or full)
Assignment for Future work

Disputes with respect to Assignment of copyright decided in

commercial court u/s 19A

Transmission(Transfer) of rights: Transfer by assignment, by

testamentary disposition or by operation of Law u/s 20
K.A. Venugopala Setty vs Dr. Suryakantha U. Kamath on 20 July, 1990
Right of author to relinquish u/s 21
 Eastern India Motion Pictures ... vs Indian Performing Right Society, 13 February, 1974
Bench: S P Mitra, S Mukharji
Section 2(r) defines a 'performing right society: society, association or other
body, whether incorporated or not, which carries on business in India of issuing
or granting licences for the performance in India of any works in which copyright
subsists. IPRS – The Indian Performing Right Society Limited
Issue:
u/s Section 72(2) Any person aggrieved Appealed
1. A composer can assign rights over
by any final decision or order of the in High
future work
Copyright Board within three months Court of
2. Whether the producer of the film can
appeal to the High Court   Kolkatta
be the copyright owner by means of
engaging the composer.

Section 30: assignment of work is possible by means of issuing a license in favor of the prospective owner of the
copyright. The rights can be transferred by means of a document duly signed by the owner or the assignee. Present
and future works of a composer can be assigned if it existed.
Section 18 of the Act confers the power to make a contract of assignment but that power can be exercised only when
there is an existing or a future right to be assigned.
Section 17(c): producer shall be the owner of the composition in case of consideration and that the composition
automatically becomes a part of the cinematograph film and the composer loses his rights over it completely and
works falling under such category cannot be assigned further.
K.A. Venugopala Setty vs Dr. Suryakantha U. Kamath on 20 July, 1990

Author: Dr. Suryakantha U. Kamath 

At the stage of publication of the book  printer-defendant came forward

with a plea that the plaintiff-author of the book had assigned the
copyright orally

Section 19: Provides for the "Mode of assignment“

19(1) No assignment of the copy right in any work shall be valid unless it
is in writing signed by the assignor or by his duly authorised agent. Must be in writing u/s 19

As there is no assignment in writing as per S. 19 of the Act, Section 19A

 cannot be held to operate and bar the suit
Registrar of Copyrights has judicial
powers
The Registrar of Copyrights has the powers of a civil court when trying a suit under the Code of Civil Procedure in respect of the

following matters, namely,

• Summoning and enforcing the attendance of any person and examining him on oath;

• Requiring the discovery and production of any document;

• Receiving evidence on affidavit;

• Issuing commissions for the examination of witnesses or documents;

• Requisitioning any public record or copy thereof from any court or office;

• Any other matters which may be prescribed.

Ownership and rights Section 17

• FIRST OWNER:
• A) Literary, dramatic or artistic work made by author in the course of his
employment by proprietor of a news paper, Magzine or similar periodical
under contract of service or apprenticeship  Propriator in the absence of
any agreement to the contrary  First owner
• B) In case of Photograph/painting/portrait draw/engraving or cinematograph
film made for valuable consideration  First owner
Copyright Society
• Legal body
• Formed to administer the work to protect its copyright collectively
• Managed by authors and owners of such work
• Minimum 7 Members
• Governed under the Copyright Act, 1957
• The registration granted to the copyright society is almost for 5 years (The amendment of 2012 in the
Copyright Act, 1957)
• There are different kinds of societies assigned for different classes of work

Literary work
Indian Reprographic Rights Organisation (IRRO)
Radio broadcasting and public
performance of the songs Phonographic Performance Limited India (PPL India)

Music industry Indian Performing Rights Society (IPRS)

 Functions of Copyright Society
• Granting a license for the reproduction or performance of the original work.
• Issuing copies to the public.
• Identify infringement.
• Initiating legal proceedings, if required.
• Collect fees as per the scheme of tariffs, distribute the same to the authors deducting a fee of not more than
15% 

• Admisnistration (S-34)
• Copyright society may accept from an author and other owners of right exclusive authorization to administer
any right in any work by issue of licenses or collection of license fees or both
• An author and other owners of have right to withdraw such authorization
• competent for a copyright society to enter into agreement with any foreign society

•https://indiankanoon.org/doc/44713127/ 
RIGHTS OF BROADCASTING ORGANISATION AND OF
PERFORMERS

• Broadcast reproduction right u/s 37

• Every broadcasting organisation shall have a special right to be known as “broadcast reproduction right” in
respect of its broadcasts.
• Twenty-five years
• Deemed to be infringed
• re-broadcast the broadcast
• causes the broadcast to be heard or seen by the public on payment of any charges;
• makes any sound recording or visual recording of the broadcast
• makes any reproduction of such sound recording or visual recording where such initial recording was
done without licence
• sells or gives on commercial rental or offer for sale or for such rental
 Teaching and Research work

Infringement
u/s 39
Fair use : reporting of current
. Performer’s right events
Modification not constitute s-52

No
u/s 38
• Any performer appears or engages in any performance shall have a special right to be known as the
“performer’s right”
• Fifty years
• Without prejudice to the rights conferred on authors, performer’s right which is an exclusive right authorize for
doing any of the following acts in respect of the performance or any substantial part
• To make a sound recording or a visual recording of the performance,
• Reproduction of it in any material form including the storing of it in any medium by electronic or any
other means
• communication of it to the public etc
• by written agreement his performance in a cinematograph film the rights enjoyed by the producer of the film
of the performer’s right in the same film

Moral rights of the performer

In Super Cassettes Industries v. Bathla Cassette Industries u/s 38B
Copyright and performers rights are two different things and in case the song is re-recorded then the
prior permission of the original singer is required.
 • Copyright
s es
e n
Li c
r y
sl o
pu
o m
C
d
s an
nse
e
Lic
Laxman Kale
M.Pharm, LL.B PGD(IPR), PGD (Clin Resaearch)

Advocate & IP Attorney,

Bombay & Goa High Court, Mumbai
Founder Partner of Kale Lex-IP Legal, Apex Juris LLP
91485294000
adv.laxmankale2019@gmail.com
 Licenses and Compulsory Licenses
30. Licences by owners of copyright.
The owner of the copyright in any existing work or the
prospective owner of the copyright in any future work
may grant any interest in the right by licence in writing
signed by him or by his duly authorised agent:
32.Licence to produce and publish translations
Any person may apply to the Copyright Board for a
licence to produce and publish a translation of a literary
or dramatic work in any language after a period of seven
years from the first publication of the work.
 Leopold Cafe Stores v. Novex Communications Pvt
 Entertainment Ltd. v. Super Cassette Industries Ltd
https://www.mondaq.com/india/licensing-syndication/1166618/a-brief-analysis-of-compulsory-licensing-pertinent-to-copyright-law
31. Compulsory licence in works withheld from public
a) Refused to republish or allow the republication of the work
or has refused to allow the performance in public of the
work, and by reason of such refusal the work is withheld
from the public
b) has refused to allow communication to the public by 8
[broadcast] of such work or in the case of a 9 [sound
recording] the work recorded in such 9 [sound recording],
on terms which the complainant considers reasonable;
31A.Compulsory licence in unpublished Indian works
The author is Dead or unknown or cannot be traced, or the
owner of the copyright in such work cannot be found, any
person may apply to the Copyright Board for a licence to
publish such work or a translation thereof in any language.
• Music Broadcast Pvt Ltd & Ors. vs. Phonographic performance Ltd(PPL
Copyright Owners Have Right To Dub Cinema

Original Malayalam
Remake of Malayalam in Telugu
Hindi Dubbed version of Telugu
Assigned remake rights to
JA entertainment producers of Telugu Version Sithara Entertainment
Pvt Ltd Telugu Producer
Assigned rights
Hin
di R Goldmine Telefilms Pvt. Ltd
ight No Limitation inserted in Its version to dubbed in
s to the agreement and Hindi Copyright owners of
assignment
Telugu version have the
Hindi Producer High Court right to dub cinema
Violation of copyright in an unpublished work

Nandi Chinni Kumar in 2017, he bought the exclusive copyrights

from with Akhilesh Paul under 'Life Story Rights Agreement'.

Also signed a 'No Objection Certificate', declaring that the director

is the authorised person for exclusive rights for making the biopic
in any language

But Akhilesh Paul entered into another agreement with 'Jhund' producers, Akhilesh Paul
Vijay Barse
which is based on Akhilesh Paul Slum soccer player and Vijay Barse Nagpur-
based retired sports teacher who starts a slum soccer movement

It observed that in the case of violation of copyright in an unpublished work of

the plaintiff, defendants were permitted to exhibit and distribute their film,
whatever novelty is there in the plaintiff's screenplay and script, it would be
lost altogether.

 Such damages would be irretrievable and not capable of being compensated in

money and the only remedy for the plaintiff is to secure an interim injunction
restraining the defendants from releasing the offending film.
 • Copyright

t
en
gem
n
fri
In

Laxman Kale
M.Pharm, LL.B PGD(IPR), PGD (Clin Resaearch)

Advocate & IP Attorney,

Bombay & Goa High Court, Mumbai
Founder Partner of Kale Lex-IP Legal, Apex Juris LLP
91485294000
adv.laxmankale2019@gmail.com
Infringement of copyrights
• Copyright law confers bundle of exclusive rights to Author/owner for his work
• Enables to get financial benefits by exercising his rights.
• Anything carried out related to work without a Licence from Owner constitute Infringement of copyright given to
author/owners right
• Infringement : when any person makes for sale or hire, distributes either for the purpose of trade, imports into
India, any infringing copies of the work

Act fails to give any definition or any test regarding that how to determine the originality of the work

Originality is not applied in literal sense  Different doctrines in different jurisdictions.

India
Doctrine of sweat of brow
Flavour of minimum requirement of creativity”
Eastern Book Company v. DB Modak.
 Vs D.B. Modak & Anr

D.B. MA. Geetha vs State of Tamil Nadu and ANR-04/09/2006 - Writ of Habeas corpus dismissed-Penal Code, 1860—
Section 366—Kidnapping and inducing woman—Detenu procuring innocent poor girls and under guise of employment
forcing them into prostitution—Detenue declared ‘immoral traffic offender’ and detained under Section 3(2) of Tamil
Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic
Offenders, Slum Grabbers and Video Pirates Act, 1982—All representations submitted by detenu were placed before
Advisory Board as well as before Government, which were duly considered and rejected—Subjective satisfaction of
authorities to detain detenu cannot be interfered with

Infringement of copyright and Unfair Copying edited Judgements Granted Injunction

competition
dS C Efforts, Skill,
CD ROM a ch e
nd Apro Labour involved
d a in Editing and
Editorial Notes, headnotes
p peale creating
cannot be copies. Create A
your own to claim rights headnotes of
Judgements
Eastern Book Company & Ors vs D.B. Modak & Anr on 12 December, 2007 (indiankanoon.org)
 Copyright

Trailer was released by Raabta Team

Telugu film “Magadheera” over alleged Trailer released and Seemed o be lifting the story of Maghadheera
copyright infringement against “Raabta” team
 Comparative chart of the two movies placed by Raabta team
Magadheera team also confirmed that they have withdrawn the case and have agreed to an out of court settlement
instead
 • Copyright

i es
ed
m
Re

Laxman Kale
M.Pharm, LL.B PGD(IPR), PGD (Clin Resaearch)

Advocate & IP Attorney,

Bombay & Goa High Court, Mumbai
Founder Partner of Kale Lex-IP Legal, Apex Juris LLP
91485294000
adv.laxmankale2019@gmail.com
 • Civil remedies • Criminal Offences
•Injunction  Interlocutory Injunctions
•Damages or Pecuniary Remedies •Imprisonment up to 3 years but, not less than 6 months
•account of profit, •Fine which may not be less than 50,000 but, may extend up to
•Delivery of infringing copy and damages for 2,00,000
conversion. •Search and seizure of infringing goods
•Delivery of infringing goods to the copyright owner

Jurisdiction of Courts
 Suit or other civil proceedings  is filed in the District Court or High
Limitation
Court within whose jurisdiction the plaintiff resides or carries on
The period of limitation for filing the suit
business or where the cause of action arose irrespective of the place
is three years from the date of
of residence or place of business of the defendant
infringement.
 Defence / Certain acts not to be infringement of copyright

Use of copyrighted material

Fair Use Course packs Prescribed in the syllabus

DU Photocopying case
for educational purposes

• 52(1)(a)
• 52(1)(h)
• 52(1)(i)
Oxford University Press
• 52(1)(j) The Cambridge University Press
The Taylor & Francis Group
online petition

Necessary party
2012 Vs • Students, academics
1.Delhi University and civil society members
3.ASEAK*
2.Rameshwari Photocopy Service • 1,250 academics and authors
4.SPEAK** • 33/309 eminent writers and
Delhi Highcourt Granted academicians worldwide
*Association of Students for Equitable Access to Knowledge
** Society for Promotion of Equitable Access to Knowledge
Dismissed the entire suit of the plaintiffs
Interim Injunction
https://spicyip.com/2020/04/coveducation-and-copyright.html Defendants do not amount to copyright infringement
DU
https://spicyip.com/resources-links/du-photocopy-case
Appeal Dismissed Justice Rajiv Sahai Endlaw
https://www.mondaq.com/india/copyright/1184954/exception-to-infringement-of-copyright-section-52-of-the-
copyright-act-1957
 • Copyright
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Pro
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Laxman Kale Ov
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M.Pharm, LL.B PGD(IPR), PGD (Clin Resaearch)

Advocate & IP Attorney,

Bombay & Goa High Court, Mumbai
Founder Partner of Kale Lex-IP Legal, Apex Juris LLP
91485294000
adv.laxmankale2019@gmail.com
REGISTRATION OF COPYRIGHT
• 44. Register of Copyrights
• 45. Entries in Register of Copyrights.—
• (1) The author or publisher of, or the owner of or other person interested in the copyright in, any work
may make an application in the prescribed form accompanied by the prescribed fee to the Registrar of
Copyrights for entering particulars of the work in the Register of Copyrights:
Provided that in respect of an artistic work which is used or is capable of being used in relation to any
goods or services, the application shall include a statement to that effect and shall be accompanied by a
certificate from the Registrar of Trade Marks referred to in section 3 of the Trade Marks Act, 1999, to the
effect that no trade mark identical with or deceptively similar to such artistic work has been registered
under that Act in the name of, or that no application has been made under that Act for such registration
by, any person other than the applicant.
• (2) On receipt of an application in respect of any work under sub-section (1), the Registrar of Copyrights
may, after holding such inquiry as he may deem fit, enter the particulars of the work in the Register of
Copyrights.

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Requirement for Copyright Registration

According to the Copyright Rules, some of the basic guidelines are:

•Application for registration of copyright has  to be made on Form IV
•Separate applications are to be filed for registration of each work
•Moreover, each application must be accompanied by the requisite fee as prescribed by the Government of India
•The application has to be signed by the applicant 
•Both published and unpublished work (also called manuscripts) can be registered. Copyright can also be sought for work
published before 21st January 1958, i.e., before the Copyright Act, 1957 came into force, provided it still enjoys copyright
•Likewise, three copies of the published work must be sent along with the application. If it is an unpublished work, a copy of th
manuscript should be sent along with the application 
•Further, if two copies are sent, one will be duly stamped by the Copyright Officer. And returned to the copyright applicant and
the other will be kept confidential at the Office for reference 
•While sending manuscripts, the applicant can choose to send only extracts from the work. The applicant can also ask the
Officer to return the extracts after it has been stamped 
•If an unpublished work is registered and later published, an application may be filed for changes. 
 Documents Required

Artistic Work
Cinematograph Film
1.Two copies of the work
Two copies of the work
2.DD or IPO of ₹(applicable) according to work
DD or IPO of ₹(applicable) according to work
3.Author’s NOC if the applicant is different from the author
NOC from different copyright holders or copy of the agreement (deed of
4.Publisher’s NOC if the work published and publisher is different from the
assignment)
applicant
NOC from the publisher if the work published and publisher is different from the
5.Search certificate from the trademark office (TM -60) if the work is being
applicant
used on the goods or capable of being used on the goods
If the application is being filed with the help of an attorney, a specific power of
6.NOC from the individual whose photograph appears on the work
attorney duly signed by the applicant and accepted by the attorney.
7.If the application is being filed with the help of an attorney, a specific power
of attorney duly signed by the applicant and accepted by the attorney.

Music
Two copies of work (graphical notes)
DD or IPO of ₹(applicable) according to work
NOC from the publisher if the work published and publisher is different from the
applicant
Author’s NOC if the applicant is other than the author
If the application is being filed with the help of an attorney, a specific power of
attorney duly signed by the applicant and accepted by the attorney.
Literary/Dramatic
Two copies of the work
DD or IPO of ₹(applicable) according to work
NOC from the publisher if the applicant is other than the publisher and the work
is published
Author’s NOC if the applicant is other than the author
If the application is being filed with the help of an attorney, a specific power of
attorney duly signed by the applicant and accepted by the attorney.
 Documents Required

Sound Recording
1.Form XIV
2.Statement of Particulars [SoP]
3.Two copies of the work
4.DD or IPO of ₹(applicable) according to work
5.NOC from different copyright holders or copy of the agreement (deed of
assignment)
6.NOC from the publisher if the work published and publisher is different from
the applicant
7.However, if the application is being filed with the help of an attorney, a specific
power of attorney duly signed by the applicant and accepted by the attorney.

Software
1.Two copies of the work
2.DD or IPO of ₹(applicable) according to work
3.Author’s NOC if the author is different from the applicant
4.NOC from the publisher if the work is published and the publisher is different
from the applicant
5.However, if the application is being filed with the help of an attorney, a specific
power of attorney duly signed by the applicant and accepted by the attorney
6.Also, the source code and the object code of the work for verification.
Details of Processing Fee
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