Origin and Development of Copyright Law By Shri. Vivek Yeshwant Dhupdale, B.Com., LL.B., LL.M.

: Origin
and Development of Copyright Law By Shri. Vivek Yeshwant Dhupdale , B.Com., LL.B., LL.M.

: Contents Introduction Intellectual Property (IP) Classification of IP Industrial Property Patent, Trade
Marks, and Industrial Designs. Copyright Law and Neighbouring Rights :- Original Literary, Dramatic,
Musical and Artistic works All these rights are products mainly of human Intellect. Hence they are called
as rights in Intellectual Property. P.T.O.

Slide 3: Contd Copyright Law Introduction Historical Evolution Meaning of Copyright Characteristics of
Copyright Copyright Law in India Subject Matter of Copyright Term of the Copyright Author and
Ownership of Copyright Economic Rights of Copyright Authors Moral Rights Transfer of Copyright
Assignment Licence P.T.O.

Slide 4: Contd Copyright Office, Copyright Board and Registration of Copyright Infringement of
Copyright Remedies for Infringement of Copyright 1. Civil Remedies a. Injunction
Temporary/Perpetual b. Damages or Account of Profit c. In certain cases Conversion Damages. 2.
Administrative Remedies 3. Criminal Remedies (Offences & Penalties) Appeals Conclusion

Introduction: Introduction Meaning of Intellectual Property (IP): 1. IP has been assumed central
importance throughout the world in the recent past. 2. IP is the creative work of the human intellect. 3.
The main motivation of its protection is to encourage and reward creativity. 4. It is one of the
intangible property. The IP law confers property rights on intangibles as compared to Tangible
properties. 5. IP plays an important role in the economic development of a country. Classification of
IP:- IP is broken down into two major branches:- a) Industrial property and b) Copyright Law . P.T.O.

Slide 6: Contd Industrial Property:- - includes Patent, Trade Marks, and Industrial Designs. Copyright
Law and Neighbouring Rights :- - includes Original Literary, Dramatic, Musical and Artistic works. IP has
been given an official recognition by the International Community with establishment of WIPO (World
Intellectual Property Organization), a specialized agency of United Nations (UN).

Copyright Law: Copyright Law Introduction:- The concept of copyright and neighbouring rights have
assumed significance due to scientific, economic, social, political and legal environment in the entire
world. Historical Evolution of Copyright Law Confined to books only Worlds First Copyright Law was
passed in 1709 in England. Thereafter in 1911 by name Copyright Act, 1911 Copyright Law in India First
Act was passed in 1914 This Act was based on the Act of 1911 The Act of 1914 underwent revision due
to advent of advancement of Science and Technology Thereafter the Copyright of 1957 was passed.
Meaning of Copyright : Meaning of Copyright Copyright is a legal term describing the economic rights
given to creators of literary and artistic works, including- the right to reproduce the work, to make
copies, and to perform or display the work publicly. Copyrights offer essentially the only protection for
music, films, novels, poems, architecture, and other works of cultural value. As artists and creators have
developed new forms of expression, these categories have expanded to include them. Computer
programs and sound recordings are now protected, too.

Characteristics Of Copyright: Characteristics Of Copyright Creation of a Statute Some for of Intellectual

Property Monopoly Right Multiple Rights Copyright only in the form not in idea; and Neighbouring
Rights include Performers Rights and the Broadcast Reproduction Rights.

Copyright Law In India: Copyright Law In India Introduction First Copyright Act was passed in 1914 It was
a replica of English Copyright Act of 1911 Then the Copyright Act, 1957 was passed which is still in force
today.

Subject-Matter of Copyright: Subject-Matter of Copyright Section 13 deals with the Subject-matter of

Copyright Copyright subsists in the following works: Original Literary, Dramatic, musical and Artistic
works, Cinematograph films, and Sound Recording. 1. Original Literary Work :-includes- Computer
Programmes, Tables, Compilations including Computer Databases. Condition-author must expend his
labour, skill and capital. In Express Newspapers plc v Liverpool Daily Post & Echo plc , the court held that
random selected by computer for a newspaper competition called Millionaire of the Month were held
to be protected by copyright. P.T.O.

Slide 12: Contd In University of London Press v. University of Tutorial Press , the Honble Court held
that the words literary work covered words which was expressed in print or in writing. 2. Original
Dramatic Work:- includes- Choreographic work, entertainment in dumb show, scenic arrangement, and
acting forms Fixed In writing but does not include cinematograph film. 3. Original Musical Work:- Means
a work consisting of Music and includes any graphical notations of such work. But does not include any
work or action intended to be sung, spoken or performed with the music. P.T.O.

Slide 13: Contd 4. Original Artistic Work:- means- A painting, a sculpture, a drawing, an engraving or a
photograph, architectural work, etc. or any other work of artistic craftsmanship. In Merchandising
Corporation of America v Harpbond , it was held that facial make-up was not a painting within the
meaning of artistic work. 5. Cinematograph Film:- means- Any visual recording produced through
process from which a moving image is produced and includes sound recording accompanied such
recording. 6. Sound Recording:- means- A recording of sounds from which such sounds may be re-
produced.
TERM OF THE COPYRIGHT: TERM OF THE COPYRIGHT Sec.22 to 29 of the Copyright Act, 1957 deal with
this aspects:- Term varies as per the- Nature of the work; or Whether author is natural/legal person, or
Whether work is anonymous or pseudonymous. In case of - Literary, Dramatic, Musical or Artistic
Works; Term is for Lifetime and thereafter for 60 years; Joint Owners 60 years starts after death of last
owner; Anonymous/Pseudonymous works- 60 Years from the year of publication If identity disclosed,
term extended to 60 years after the death of the author. P.T.O.

Slide 15: Contd Photographs- 60 years from the year of publication Cinematograph Film- 60 years from
the year of publication Government undertaking- 60 years from the year of publication International
Organisation- 60 years from the year of publication Performers Rights- 25 years from the year of
performance Broadcasting Reproduction Rights- 25 years from the year of Broadcast

Author and Ownership of Copyright : Author and Ownership of Copyright Ownership in Literary,
Dramatic and Musical Works : Ownership in Respect of Ideas Joint Authorship In Najma Heptulla v
Orient Longman Ltd. , Court held that the work India Wins Freedom was the product of the active, &
closed intellectual collaboration between Azad & Kabir. Author of Compilation Work made in the Course
of Employment Contract of Service and Contract for Service In Stephenson, Jordan and Harrison v
Macdonald and Evans , Lord Denning held that under a contract of service a man is employed as part of
the business, & his work is done as an integral part of it; but under a contract for services, his work,
although done for the business, is not integrated into it, but is only accessory to it. P.T.O .

Slide 17: Contd Ownership of Artistic Work:- The author of an artistic work is the artist. Ownership in
Computer Programmes:- The author will be the person who causes the work to be created. Ownership
in Cinematograph Films:- The author in this work is the producer of the film. Ownership in Sound
Recording:- The author in this work is the producer of sound recording.

Economic Rights of Copyright: Economic Rights of Copyright Literary, Dramatic and Musical Work :-
Following are the Economic Rights:- a) To reproduce or store the work. b) To issue copies to the public.
c) To perform the work in public. d) To make cinematograph film or sound recording. e) To make
Translation of the work. f) To make adaptation of the work, Artistic Work:- Following are the Economic
Rights:- a) To reproduce the work. b) To communicate the work to public. P.T.O.

Slide 19: Contd c) To include the work in cinematograph film. d) To make adaptation of the work.
Cinematograph Film:- Following are the Economic Rights:- a) To make copies of the film. b) To sell or
give on hire a copy of the film. c) To communicate the film to the public. Sound Recording :- Following
are the Economic Rights:- a) To make any other sound recording embodying it. b) To sell or give on hire a
copy of the sound recording. c) To communicate the sound recording to the public.
Authors Moral Rights Sec.57: Authors Moral Rights Sec.57 Introduction :- An author is entitled to claim
his moral rights even after the assignment of his copyrights. Kinds of Moral Rights :- a) Right of Paternity
( Droit de paternite ) An author has a right to claim authorship of his work and can prevent all others
from claiming authorship of his work. He can also demand to include his name to appear in all the copies
of his work at appropriate place. b) Right of Integrity ( Droit de respect de loeuvre ):- An author has a
right to prevent distortion, mutilation or other alteration of his work, etc., which would be prejudicial to
his honour and reputation. It is essential where a licence or assignement has been granted to adapt or
alter the work in some way, eg. Novel into play, play into film, etc. P.T.O.

Slide 21: Contd In Manu Bhandari v Kala Vikas Pictures Ltd , the Court held that Sect.57 is a statutory
recognition of the Intellectual Property of the author and, therefore, it should be protected with special
care.

Transfer of Copyrights: Transfer of Copyrights Introduction :- Besides exploiting the copyright by himself,
the owner can also share his work with others for mutual benefits by way of assignment or by licensing
it to others. 1. Assignment of Copyright:- Assignment can be for the whole or part of the work. In case
of assignment the ownership gets transferred to the assignee. Mode of Assignment:- In Jogendranath
Sen v State , the court held that the assignee was to be treaded as the owner of the copyright in the
work in respect of the exclusive right to publish the work and, therefore, it was well within his right to
get the book published by any one.

Slide 23: Contd Licences:- The owner of copyright in a work may grant any interest in his copyright to
any person by licence in writing. Difference between Assignement and Licence:- In Gramophone
Company of India Ltd. v Shanti Film Corporation , the court held that it is the intention of the parties
whether it was assignment or grant of licence to use should, in the normal course, be gathered from the
writing itself and the words used therein.

Copyright Office, Copyright Board and Registration of Copyright: Copyright Office, Copyright Board and
Registration of Copyright Copyright Office:- Sec. 9 Copyright Office is at New Delhi, which is under the
control of Registrar of Copyright, who is under the supervision and control of the Central Government.
Registrar and Deputy Registrar:- appointed by the Central Government. They possess certain powers of
the civil court. Register of Copyright:- Consist of six parts- Part I Literary work but not computer
dramatic works. Part II Musical Works. Part III Artistic works. Part IV Cinematograph films. Part V
Sound Recordings. Part VI Computer Programmes, etc . P.T.O.

Slide 25: Contd Register also consist of indexes for each of the above mentioned parts of the Register.
The Register remains open to inspection at all reasonable times. A certified copy of the entries in the
Register is admissible in evidence. Copyright Board:- Sec. 11 Constituted by the Central Government to
discharge judicial functions. It consists of- A Chairman and 2 to 4 other members. Functions of the
Board:- To decide whether work has been published or not. To decide disputes arising out of assignment
of Copyright. P.T.O.

Slide 26: Contd To direct the Registrar to grant compulsory licenses under various circumstances. To
rectify the Register. Powers and Procedure of the Board:- Can to regulate its own proceedings.
Ordinarily hear proceedings instituted within the zone. Territory of India is divided into 5 zones. These
are:- 1. Northern Zone includes States of Haryana, Punjab, Himachal Pradesh, Jammu & Kashmir,
Rajasthan, and Union Territories of Delhi and Chandigarh. 2. Central Zone includes Utter Pradesh
Madhya Pradesh. 3. Eastern Zone includes Bihar, West Bengal, Orissa, Assam, Manipur and Tripura. 4.
Western Zone includes Gujarat, Maharashtra and Goa and the Union Territories of Dadra and Nagar
Haveli, Daman and Diu; and P.T.O.

Slide 27: Contd 5. Southern Zone includes Andhra Pradesh, Tamil Nadu, Karnataka, Kerala and Union
Territory of Pondicherry Benches of the Board:- Chairman may constitute Benches to exercise its
powers. Each bench may consist of not less than 3 members. Registration of Copyright:- Secs. 44 to 50A.
Registration of Copyright is optional and not mandatory. It is not pre-requisite conditions to claim
Copyright. Copyright subsists as soon an the work is created. In Kumari Kanaka v Sundara Rajan , (1972)
Ker. LR 536, the Honble Court held that registration of Copyright is not required either for acquiring the
copyright or for its enforcement. P.T.O.

Slide 28: Contd Procedure for Registration of Copyright:- The Author or the publisher, etc may apply
for registration to the Registrar in Form IV alongwith prescribed fees. The application must be made in
triplicate. The applicant is required to give a notice of his application to every interested person to invite
for any objections. If no objections are received within 30 days of the notice, the Registrar, if satisfied
that the contents of the application if correct, enter the contents in the register of Copyright If he
receives the objections or if he is not satisfied regarding the correctness of the information given, may
after an inquiry, enter the information accordingly in the register of Copyright. Appeals:- Any person
aggrieved by any final decision or order of the Registrar may appeal to the Copyright Board within 3
months from the date of the decision.

Infringement of Copyright: Infringement of Copyright Introduction :- Grant of certain exclusive rights to

the author. To enable him to rip the fruits of his labour. But, if a person uses any of these rights without
his permission, he has infringed the copyright. Infringement of Copyright by Copying :- Copying can be
done in three ways- Direct Copying:- Reproduction of the authors work falls under this category. But
difficulty may arise if the infringer insteat of copying the entire work may copy some portion of the
copyrighted material. In ladbroke v William Hill , the Honble Court held that the question whether the
defendant has copied the substantial part of the work depends upon the quality and not quantity of the
work copied. But the law is different in case of cinematograph films and sound recording. P.T.O.
Slide 30: Contd In Telmak Teleproducts ( Aust ) Pty Limited v Bond International , it was held by the
Court that as the defendants made their own film, though it was similar to the Plaintiffs film, the
making of the Defendants film was not an infringement of Copyright in that film. In Norowzian v Arks
Limited and Others , the Court held that for the second to infringe the copyright in the first film, it had to
be an actual copy of the first film. 2. Indirect Copying:- Means copying the work of a person by
changing its form. E g ., If the work in a drawing has been copied by in three dimensions by the
Defendants, Or if the novel is turned into a stage play which in turn converted into a ballet. 3.
Subconscious Copying:- This copying may occur subconsciously where a person reads, sees or hears a
work, forgets about it but then reproduces it, genuinely believing it to be his own. P.T.O .

Slide 31: Contd Rights are protected in form and not in ideas:- Copyright subsists in work and not in
ideas. Idea is not a subject-matter of Copyright. Copyright is a work is not infringed, if someone takes
the essential idea from it and develops his own work. Infringing Copy :- Sec.2(m) Infringing copy means:-
In relation to literary, dramatic, musical artistic work, a reproduction thereof; In relation to a
cinematographic film, a copy of the film; In relation to a sound recording, any other sound recording
embodying the same sound recording; P.T.O.

Slide 32: Contd In relation to any programme or performance in which the broadcasting reproduction
or performers rights subsist, the sound recording or the cinematographic film of such programme or
performance. In Gramophone Company of India Ltd v Super Cassette Industries Ltd , it was held by the
Court that if a there is a version recording released by the Defendants of a popular film (in this case
Hum Aapke Hain Kaun ), do not prima facie fall within the definition of Infringing Copy. Permitted Acts
in Relation to Copyright:- Introduction: The Copyright law allows people to make some free use of the
copyright material. Reason of this provision is to strike a balance between individual interest of the
author and the interest of the society at large. Common Law Exceptions :- At common law, protection is
denied to works which are contrary to the public interest eg., where the work was of an illegal, immoral
or irreligious nature. In Beloff v Pressdram Ltd , the Honble Court refused to to enforce copyright in a
particular work on the ground of public interest inorder to permit disclosure of misdeeds of a serious
nature such as breach of national security or of law. P.T.O.

Slide 33: Contd Statutory Exceptions (Permitted Uses): Section 52:- Apart from the above exceptions,
the Act of 1975 also provides for statutory exceptions. These are:- Fair Dealing for Research and Private
Study:- Uses of work for the purposes such as research, private study, news reporting, teaching etc.,
come under the category of Fair Dealing and hence cannot be termed as infringement of Copyright in
that work. Fair Dealing for Criticism or Review:- In Hubbard v Vosper , Lord Denning observed that if the
work is used as a basis for comment, criticism or review that may be fair dealing, but if ir is used to
convey the same information as the author, for a rival purpose, it may be unfair dealing. That is for eg.,
taking long extracts and attaching short comments may be unfair, but taking short extracts and long
comments my be fair. Fair Dealing for reporting Current events:- No infringement if the work has been
used to report current events in a newspaper, magazine etc., provided that the matter must be current,
and not matters of history. Reproduction for Judicial Proceedings :- No infringement if Judicial
proceedings are reproduced. Reproduction in Legislatures Work:- If a work is reproduced or published
which is prepared by the members of the Legislature exclusively for their use does not amount to
infringement of copyright. P.T.O.

Slide 34: Contd 6. Reading or Recitation in Public:- Reading or reciting in pubic of any reasonable
extract from a published work shall not amount to infringement, provided that the act must be
accompanied by an acknowledgement as required under provisio to Sec.52(1). 7. Anthologies for
Educational Use:- In a collection of works in which Copyright does not subsist for the use of schools, it is
lawful to include shall passages from published literary or dramatic works. 8. Use of Copyright Material
in the Course of Education:- The Act provides that the reproduction of a work: (i) by teacher or a pupil in
the course of instruction; or (ii) as part of the questions to be answered in the examination; or (iii) in
answers to such questions, shall not constitute infringement. 9. Performance of a Work in Course of
Education:- Performance by a staff and students of the institution in the course of the educational
activities is not an infringement P.T.O.

Slide 35: Contd 10. Making Sound Recordings in Respect of Literary, Dramatic or Musical Work in
Certain Cases:- No infringement if done with the license or consent of the author and a notice must be
issued to the author of his intention to make the sound recording. In Gramophone Company of India Ltd
v Super Cassette Industries Ltd. , (1995) PTR 64 , the Honble Court held that where the records made by
the defendants which were only a version recording of a songs of a popular hidi movie by using another
voices and with different musicians and arrangers did not amount to infringement of copyright. 11.
Reproduction of a Work in a Certified Copy mad under any Law:- Reproduction of a work in a
certified copy is not an infringement of that work. 12. Causing of a Recoding to be Heard in Public:- No
infringement by the causing of a recording to be heard in public by utilising it: a) in an enclosed room or
hall meant for the common use of residential premises (not being a commercial establishment); or b) as
a part of the activities of a club or a similar organisation which is not established and conducted for
profit. P.T.O.

Slide 36: Contd 13. Performance of a Work by Amateur Club or Society:- It is not an infringement if
it is given to a non-paying audience, or for the benefit of a religious institution. 14. Reproduction
of Articles on Current Topic in Periodicals etc:- It is not an infringement to reproduce and article on
current economic, political, social or religious topics in a newspaper, magazine, or other periodical,
unless the author has expressly reserved to himself the right of such reproduction. It is essential that the
person who is reproducing such an article must accompany it with an acknowledgement identifying the
work by its details. 15. Publication of Report of a Lecture in Periodicals:- Publication of a lecture
delivered in public, in a newspaper, magazine, etc. is not an infringement of copyright. 16.
Reproduction for Use of Libraries:- The person in charge of a public library or any other person
under his direction may make not more than 3 copies of a book, including a pamphlet, sheet of music,
map, chart or plan for the use of the library without infringing copyright in the book, if such book is not
available for sale in India. P.T.O.
Slide 37: Contd 17. Reproduction or Publication of Unpublished Works:- Any unpublished work kept
in a library, museum or other institution to which the public has access may be reproduced for the
purposes of research or private study or with a view to publication without infringing copyright in the
work. 18. Reproduction or Publication of any matter in Official Gazette, Act of Legislatures,
Judgments of Courts etc.:- The reproduction of following material is permitted as to the number of
copies:- (i) matter published in any Official Gazette except an Act. (ii) any Act of a legislature subject to
the condition that such Act is reproduced or published together with any commentary thereon or any
other original matter. (iii) the report of any committee, commission, council, board etc., appointed by
the Government, unless the reproduction of which is prohibited by the Government. (iv) any judgment
of order of a Court, tribunal etc., unless its reproduction or publication has been prohibited by the
Court. In S.K. Dutt v Law Book Co. AIR 1954 All 570 , the Honble Court observed that the decision
reported in law reports are common property for commentators on the law, they have to have
recourse to them because without their reference no commentator can give his readers a correct idea of
the law. P.T.O.

Slide 38: Contd Also in Eastern Book Co. v Navin J Desai (2001) PTC 57 (Del) , the Honble Court held
that there is no copyright in judgments, and they are in public domain once published. 19.
Publication of Translation of Acts of Legislatures:- It is permitted to produce or make publication
of a translation in any Indian language of an Act of a legislature and of any rules or orders made
thereunder- (i) if no translation of such Act etc. in that language has been already produced or published
by the government; or (ii) where a translation of such Act etc. in that language has been produce or
published by the government, if the translation is not available for sale to the public. 20. Making or
Publishing of Painting, Photograph, etc of a Work of Architecture:- No infringement if done so. 21.
Making or Publishing of Painting, Photograph, etc of a Sculpture or other Artistic Work:- No
infringement if such work is permanently situated in a public place or any premises to which public has
access. P.T.O.

Slide 39: Contd 22. Incidental Inclusion of Artistic Work in Cinematograph Film:- No infringement if
such inclusion is only by way of background or is otherwise incidental to the principal matters
represented in the film. 23. Use of Artistic work by the Author Himself in Certain cases:- No
infringement where the author is not the owner of the copyright therein. The author is not to repeat or
imitate the main design of the work. 24. Reconstruction of a Building in Accordance with Architectural
Drawungs:- No infringement if it is so constructed but it is mandatory that the original construction
should have been made with the consent or licence of the owner of the copyright in such drawings and
plans. 25. Exhibition of Cinematograph Film After the Expiration of Copyright Term in Literary,
Dramatic or Musical Work:- No infringement if a work is reproduced in a film after expiry of the term in
such work. 26. Performance of Communication of a Work in Official Ceremony:- No infringement if
performed or communicated to the public of a work in the course of any bonafide religious ceremony
such as marriage processions, etc., or an official ceremony held by the Central/State Government. P.T.O.
Slide 40: Contd 27. Ephemeral Recording for the Purpose of Broadcast:- Recording by a
broadcasting organisation of a work using its own facilities for its own broadcast, which it has right to
broadcast, is not an infringement. 28. Adaptations:- No infringement if done with the permission of the
author.

Remedies Against Infringement: Remedies Against Infringement There are three types of remedies
available for infringement of copyright: 1. Civil Remedies, and 2. Administrative Remedies. 3. Criminal
Remedies 1. CIVIL REMEDIES:- Secs. 54 to 62 deal with these concepts. These are of two types:- a)
Preventive Civil Remedies, and b) Compensatory Remedies. a) Preventive Civil Remedies:- These are of
following types:- (i) Interlocutory Injunction:- It is granted by the Court to stop the infringing work of the
Defendant from continuing. To claim injunction, the plaintiff must prove the following three things:- (a)
establishment of prima facie case, (b) balance of convenience must tilt in his favour, (c) that an
irreparable loss to the plaintiff if injunction is not granted, (d) that the plaintiff has reasonable likelihood
of success on merits. P.T.O.

Slide 42: Contd (ii) Mareva Injunction:- the purpose of this injunction is to restrain the defendant from
disposing of or removing them from the jurisdiction of the Court assets which may be required to satisfy
the plaintiffs claim. This injunction are usually sought ex parte. Injunction is is founded on equity and
cannot be sought as a matter of right. In Gujarat Bottling Company Ltd v Coca Cola Company, AIR 1995
SC 2372 , the Court held that the object of the interlocutory injunction is to protect the plaintiff against
injury by violation of his right for which he cannot be compensated in terms of money. In Mirabai Films
Pvt Ltd v Siti Cable Network and ors (2003) 26 PTC473 (Del.) , the appellant was the producer of the film
Monsoon Wedding and respondents were cable operators. The respondents were habitual offenders in
telecasting pirated copies of films, and were about to do the same with the appellants film. Therefore,
to restrain the respondents from doing so the Court granted the temporary injunction. P.T.O.

Slide 43: Contd In Khajanchi Film Exchange and Another v State of Madhya Pradesh and ors. (2003) 26
PTC 183 (MP). , the producers had not released the video rights of film Kabhi Khushi Kabhi Gam ,
therefore, violation of copyright by illegal duplication of film and screening thereof would cause them
immense financial loss. A writ petition was filed in the M.P. High Court against this act. The Honble
Court dismissed the petition and concluded unless the demand was put across and reaction awaited for
some time, approaching the court is premature and unsustainable. In Barbara Taylor Bradford v Sahara
Media Entertainment Ltd., (2004) 28 PTC 474 (Cal.), the plaintiff sued the defendants forinfringement of
her copyright in 1979 best seller A Women of Substance . She wanted to stop a serial of 300 episodes
of the defendants called Karishma A Miracle of Destiny . The Court held that since nothing could
possibly be known about the serial to be produced and telecast, this is simply not enough. And hence
the Court held that the interlocutory application was premature. The plaintiff would hardly suffer any
loss of value of her book. The balance of convenience was laid in favour of the defendants. P.T.O.
Slide 44: Contd Acquiescence or Delay : This on part of the plaintiff may disentitle him to an
interlocutory injunction. In Media Trans Asia Ltd & Another v Indian Airlines Ltd and ors. , the appellants,
in spite of possessing the information regarding the respondents activities, did not take immediate legal
action. The delay in filing the case proved fatal and interim injunction was denied to them. Innocent
Infringement : if the defendant proves that at the date of infringement, he was not aware that copyright
subsisted in the work, the plaintiff shall not be entitled to any remedy other than an injunction in
respect of the infringement and a decree for the part of the profit made by the defendant. (iii)
Permanent Injunction :- If the plaintiff succeeds at the trial in establishing infringement of copyright, he
will normally be entitle to a permanent in junction to restrain future infringements. This injunction will
operate only during the un-expired term of the copyright. In KPM Sundhram v Rattan Prakashan Mandir
, AIR 1983 Del 461 , the plaintiff filed a suit against the defendants for injunction, restraining them from
printing, publishing and selling the specified books and also for the accounts of profits made illegally.
The Court held that the plaintiff has a strong prima facie case with a success, and the balance of
convenience is also in his favour. P.T.O

Slide 45: Contd When Permanent Injunction be Refused : Normally, the Court will refuse injunction in
the circumstances where: (i) there is no evidence that the defendant has done or threatens to do
anything which would interfere with the enjoyment of any right vested in the plaintiff; or (ii) invasion of
the right, if any, of the plaintiff, is of a theoretical nature, which would at the most give the plaintiff a
right to claim nominal damages; or (iii) the injunction would inflict far more injury on the defendant than
the advantage which the plaintiff could drive from it. (iv) Anton Piller Orders:- This order enables the
plaintiffs solicitor to take possession of infringing copies and documents and other relevant materials or
require the defendant to keep infringing stock, thus securing or preserving the evidence. This order is
known as Anton Piller Order named after one of the first reported cases in Anton Piller KG v
Manufacturing Processes Ltd & Others (1976) RPC 719, in which such an order was passed. P.T.O.

Slide 46: Contd Conditions for making Anton Piller Order :- It is made only in most extreme cases. It is
normally made accompanied by a maeeva injunction. This combination of injunctions may have a drastic
effect on the business of the defendants. Therefore, three conditions must be satisfied:- (a) the plaintiff
must show that he has extremely strong prima facie case; (b) he must show that he has suffered, or is
likely to suffer very serious and irreparable damage if order is not made; and (c) there must be clear
evidence that that the defendant has in his possession incriminating documents or things and that there
is a real possibility of its being destroyed before any inter parte application is made. If the plaintiff
misuses this right, the defendant is entitled for damages. (b) Compensatory Civil Remedies:- These
remedies can be divided into three parts: damages, damages for conversion / delivery up of infringing
copies, and account of profit. (i) Damages :- Copyright infringement is a Tort and the overriding principle
in Tort law is that damages should be compensated. In Hawkins Cookers Ltd v Magicook Appliances Co.,
AIR 2003 Del 191 , The Defendants reproduced passages from the plaintiffs cook books of P.T.O.

Slide 47: Contd the Plaintiff. The Honble Court held that the Plaintiff was entitled to damages. They
were also directed to handover all their cook books to the Plaintiff. Also in PN Krishna Murthy v Co-
operative for American Relief Everywhere , AIR 2001Del 258, infringed of a comic book. The book was
freely distributed in Kerala and also plaintiff could not prove his actual loss of profit. Therefore the
Honble Court held that since the book was freely distributed, exemplary damages cannot be granted
against the defendant. (ii) Damages for Conversion / Delivery Up:- Damages for conversion means to
deny the owners rights of the true owner or to assert a right which is inconsistent with owners rights.
(iii) Account of Profit:- It is an investigation of actual account of net profit, ie., the sale price of the
infringing articles as deducted by the manufacturing and delivery cost. A plaintiff can opt for damages or
an account of profits but not the both. P.T.O.

Slide 48: Contd 2. ADMINISTRATIVE REMEDIES:- There is provision under Sec.53(1) of the
Copyright Act, 1975 which makes available effective and quick remedy to the owner of Copyright. It is
useful in preventing importation of infringing copies in India. In Gramophone Co. of Indian Ltd. v
Birendra Bhadur Pandey and Others , AIR 1984 SC 667 , a consignment of pre-recorded cassettes to be
dispatched to Nepal. A writ of mandamus was file in the Calcutta High Court to compel the Registrar to
pass an order under Sec.53 to prevent the release of the cassettes from the custody of the customs
authority. The Honble High Held that there was no importation when the goods entered India en route
to Nepal. Appellant filed an appeal before the Supreme Court. The Honble Supreme Court held that the
word import means bringing into India from outside India, and it was not limited to importation for
commerce only, but included importation for transit across the country. Sec. 53(2) of the Act empowers
the Registrar to- a) enter any ship, dock or premises where any such infringing copies may be found; and
P.T.O.

Slide 49: Contd b) examine such copies. This is to determine whether the such copies infringe the
copyright in the work of the applicant. 3. CRIMINAL REMEDIES (Offences and Penalties):- Sec.63
to 70 - Can be availed simultaneously along with civil. - more effective than civil because it can be
disposed of quickly. - it directly strikes at the honour and social status of an offender - as a result
sometimes the offender comes for a settlement out of court. - Knowledge or mens rea is an essential
ingredient of the offence. OFFENCES:- Sec. 63 makes it an offence for any person who knowingly
infringes a) the copyright in a work; or b) any other right conferred by the Act or knowingly abets such
infringement. P.T.O.

Slide 50: Contd PUNISHMENT:- the offence is punishable with imprisonment for a term which shall
not be less than six months, but may extend to three years and with fine which shall not be less than
Rs.50,000/-, but may extend to Rs. 2 lakhs. The offence under this section is non-bailable offence.
Computer Program:- Se.63B makes knowing use of infringing copy of computer program as offence,
under which the offender is punishable with imprisonment for a term which shall not be less than seven
days, but may extend to three years and with fine which shall not be less than Rs.50,000/-, but which
may extend upto Rs. 2 lakhs. Power of Police to Seize Infringing Copies:- Sec.64 provides that any police
officer not below the rank of sub-inspector of police is satisfied that an infringement or an abetment
thereof has been or is likely to be committed, he may seize without any warrant all copies of the work
and all plates used for the said purpose. The copies so seized must be produced before the magistrate as
soon may be practicable. P.T.O.

Slide 51: Contd Aggrieved party may apply to the magistrate within 15 days of such seizure for
restoration. Magistrate after hearing shall dispose off the application. Any person aggrieved by the
Magistrates order may appeal to the appellate court within 30 days. In Girish Gandhi v. Union of India
AIR 1997 Raj 78 , the constitutional validity of Sec . 64 was challenged on the ground that since no
procedure was laid down in it, the power granted to police officer was arbitrary, and hence violative of
the constitutional right. The Court held that Sec.64 clearly mentions that the police officer was to seize
the material if he was satisfied which means that police will act until he had got some information on
the basis of which he was satisfied. Possession of Plates for making Infringing Copies:- Sec.65 says
provides that any person knowingly makes, or has in his possession, any plate for the purpose of making
infringing copies of any work in which copyright subsists shall be punishable with imprisonment which
may extend to two years and shall also be liable to fine.

Slide 52: Thank You