Copyright Law

By
Dr. Kalyan C. Kankanala
Brain League IP Services

© 2009 Brain League IP Services Pvt. Ltd

 Philosophy of Copyright Law

 To promote creativity by granting exclusive rights

for a limited period of time.

 Quid Pro Quo

 Gives a creative work and takes exclusive
rights
 Generic Life Cycle

 Author
 Creative Work
 Copyright (Exclusive Rights)
 Term
 Public domain
 Nature of Copyright

 Idea/Expression
 Original
 Originate from author

 Modicum of Creativity

 Registration
R.G. Anand vs. Delux Films and Ors.

 Play - Hum Hindustani

 Movie - New Delhi
 Hum Hindustani very popular - 1953, 54, 55
and 56
 Director came to meet Anand - Anand read out
the play -
 Told that he would be informed
 Subject- Provincialism
R.G. Anand vs. Delux Films and Ors.

 Play

 Two families - Punjabi and Madrasi family - neighbours -

Closely associated - Amni and Chander punjabi and madrasi
families fall in love - Parents come to know - families relation
strained - Girl and Boy decide to commit suicide - They write a
letter - Parents on seeing letter realize the mistake - Marry
them - Everyone happy.
R.G. Anand vs. Delux Films and Ors.

 Movie

 Anand young graduate from punjab comes to delhi - Fights

with the girl 'Janaki'- Tries to find a place for rent but people
refuse to give to any one except south indians - Disguises as a
south indian and gets a place to stay - Meets the girl Janaki
again – falls in love - Boy's parents come to Delhi - Girl's
parents get to know the identity of Anand - Relations strained
- Janaki decides to commit suicide leaving a letter - - Parents
realize and get youngsters married.

 Differences - Provincialism - Marriage - Rent - Casteism - Held

no copyright violation
R.G. Anand vs. Delux Films and Ors.

 Ideas not protected - Only Expression protected.

 It is infringement only if the expression of thought is copied.
 To prove copying it need not be an exact copy, It is enough if
the substantial portion has been copied - Substantial similarity
in incidents, scenes and treatment.
 Two works showing the same emotion would not be copies
unless the expression has been copied.
 Colourable imitation amounts to violation.
R.G. Anand vs. Delux Films and Ors.

 Test - affect produced on the mind of a person - If the

reader, spectator, person feels that a subsequent work
is a copy of the original.

 There can be no copyright in an idea, subject matter,

themes, plots or historical or legendary facts and
violation of the copyright in such cases is confined to
the form, manner and arrangement and expression of
the idea by the author of the copyrighted work.
 Copyrightable Subject Matter

 Literary
 Dramatic
 Artistic
 Musical
 Cinematograph Films
 Sound Recordings
V. Govindan vs. E. M. Gopalakrishna
Kone and another
 Compilation of a English - English - Tamil Dictionary
 The Appellants copied the dictionary slavishly
 Errors, arrangement and words.
 For a different purpose but retained words not
necessary - School Dictionary
 Dictionary is protectable under copyright - creative
 Held - liable
 N. T. Raghunathan v. All India
Reporter Ltd
 AIR came up with head notes to case, which
included important excerpts from the case.

 Raghunathan copied those head notes.

 Held that head notes are protectable under

copyright law - Copying them is violation of
copyright
 Literary work

 Print or Writing Books

 Poems
 Computer programs
 Tables
 Compilations
 Dramatic Work

 Drama
 Piece for recitation
 Choreographic work
 Entertainment in a dumb show Scenic
arrangements or acting form - fixed in writing or
otherwise
 Musical Work

 Music

 Graphical notation Does not include - words or

action - sung, spoken or performed with music
 Artistic Work

 Painting
 Sculpture
 Drawing
 Engraving
 Diagram
 Map
 Chart
 Plan
 Photograph
 Architecture
 Cinematographic work

 Visual recording
 Any medium
 Produced through a process
 Moving image
 Including Sound recording
 Sound Recording

 Recording
 Any medium
 Produce sounds
 Term

 Literary, Dramatic, Artistic or Musical works

 Life plus sixty years
 Sixty years from publication
 Government - Sixty years
 Cinematographic work - 60 years
 Ownership

 First Owner – Author

 Sound recording and Cinematograph film –
Producer
 Employment – Employer
 Contract of service

 Commissioned work
 Valuable consideration
 Exclusive rights

 Bundle of rights

 Reproduction
 Issue copies
 Distribute
 Public performance or communication
 Translation
 Adaptation
 Sell or Hire
 Moral Rights

 Publication
 Paternity
 Integrity
 Section 57
 Smt. Mannu Bhandari vs. Kala Vikas
Pictures Pvt. Ltd. and another
 Director. Kala Vikas has produced motion picture Samay Ki Dhara’
under assignment of filming rights of her novel ‘Aap Ka Bunty’.
 Author alleges mutilation and distortion of the novel
 Movie different from Novel
 Consequences of divorce - impact on children
 Mother and Father divorce and remarry leaving the child
 One character who was adivisional manager in the novel has been
shown as a builder who gets contracts by supplying woman.
 The novel shows that the child becomes an orphan but the movie kills
him.

 Held - No violation of moral rights.

 Publication

 First Publication in India

 Published outside India
 Author citizen of India

 Not Published
 Citizen or Domiciled in India - Creation
 Publication

 Issue copies
 Communication to public
 Performer's rights

 Actor, Musician, Juggler, Snake charmer, Acrobat,

Lecturer, etc
 Term - 50 years
 Rights
 Make sound recording or visual recording
 Reproduce sound or visual recording of performance
 Communicate to public
 Broadcast or otherwise
 Fortune v. Devanand

 Movie - Darling Darling

 Contract that copyrights in performance
belong to Devanand until the agreed 7
Lakhs is paid completely
 Fortune does not pay - Court issues
injunction in seven territories
 Transfer of Copyright

 Assignment or License
 Valid only if it is in writing and signed by
assignor or agent
 Doctrine of first sale
 Reversion of License - 1 year
 Compulsory License

 Copyright Board

 Conditions
 Published or Performed in public
 Author refuse to republish or perform
 Not reasonable terms
 Withheld from public
 Procedure

 Complaint
 Enquiry
 Order publication or performance
 Reasonable compensation
 Infringement

 Section 51
 Any person
 Without license
 Owner

 Registrar

 Does anything that is exclusive right of copyright

owner
 Infringement

 Existence of copyright
 Owner of copyright
 Copying

 Access

 Substantial similarity

 Look and feel test

 Abstraction-filtration and comparison test
 Bradford v. Sahara

 Romance novelist Barbara Taylor Bradford - A Woman of

Substance
 Sahara TV - 260 PART Television series inIndia
 Karishma - Miracles of Destiny - 13 million dollars USD
 Servant to head of an international organization
 Street sweeper to head of an international corporation
 Woman looking back on her life narrates
 Idea not expression - Held not liable
Educational Book Depot. v. Rabindra
Nath Tagore
 Dr. Rabindranath Tagore - Author of 'Gitanjali', The
'Gardener', and the 'Crescent Moon' - Published by
Macmillan
 EBT - Intermediate poems for detailed study - 1poem
out of first book - 2 out of second book and - 1 out of the
third book

 Held infringed and granted damages of Rupees 400

 Cunniah v. Balraj

 Subramanyaswamy - Hindu Deity

 Balasubramanya - Younger version of the deity

 Appellant made a picture a - Balamurugan

 Respondent made a similar picture - Mayura priya
 Cunniah v. Balraj

 Balamurugan
 Mayura Priya
 Different colour schemes
 Large picture and small picture
 Peacock faces left and right in the other
 Background - Fort and Temple
 Court Held colourable imitation of the picture
 Liable for copyright infringement
 Exception to copyright infringement

 Private use
 Teaching and Education
 Research
 Criticism or Review
 News reporting
 Judicial proceeding
 Legislative proceedings
 Archival for library
 Civil Remedies

 Injunction
 Interlocutory

 Permanent

 Damages
 Costs
 Criminal Remedies

 Mens Rea
 Imprisonment
 6 months to 2 years

 Fine
 50,000 - 2 Lakhs
 State of Andhra Pradesh v. Nagoti
Venkatramanan

 Video library - VIDEO CITY

 90 CASSETTES Seized
 Liable for infringement
 Have to identify the owner to make some one
liable
 Fine - Rs. 10, 000