Court : Karnataka
Reported in : ILR2008KAR1074; LC2008(1)373; ILR2008(1)Kar1075; 2008(1)KCCRSN82; 2008(2)AIRKarR517; AIR2008NOC1286; 2008AIHC2063(Kar)
..... require that the expression must be in an original or novel form, but it should originate from the author. a genuine abridgment of a literary work is an 'original work' entitled to protection. dramatic work or dramatic compositions like 'yakshagana ballet' have elements in common with literature. printed texts of plays can be read as literature. texts of great plays are ..... in respect of which dr. karanth had bequeathed copyright in favour of the plaintiff. the answer to this question necessarily takes us to the definitions of the expressions 'literary work', 'dramatic work' and also to the relevant provisions of the copyright act, 1957.48. section 13 of the copyright act, 1957 ('the act' in short) in the heart and soul ..... contentions put forward by learned senior counsel sri. k.g. raghavan that dr. karanth was on the employment and therefore the copyright if existing in respect of the dramatic works lies with the appellants.78. the next ground urged by learned senior counsel for the appellants, concerns infringement of copyrights of the plaintiff in respect of seven prasangas ..... as the acting part, as the case in respect of the seven prasangas by dr. karanth, those works comes within the expression 'dramatic work'. dramatic works are also treated as dramatic literature. the new encyclopedia britannica (vol-iv) 15th edition, provides the following information about 'dramatic literature':'dramatic literature: the texts of plays that can he read, as distinct from being seen and heard in .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2009SC1982; 2009(2)AWC1684(SC); JT2009(3)SC528; LC2009(1)225; (2009)6MLJ956(SC); RLW2009(3)SC2605; 2009(2)SCALE310; (2009)4SCC256; 2009(2)LC952(SC)
..... of plays that can be read, as distinct from being seen and heard in performance. we must, however, notice that the provisions the act make a distinction between the `literary work' and `dramatic work'. keeping in view the statutory provisions, there cannot be any doubt whatsoever that copyright in respect of performance of `dance' would not come within the purview of the literary ..... bequest. but, that is not all, in the `will'-ex. p-1. i have already referred to para no. 11 of the `will' while dealing with the topic dramatic works vis- `-vis literary work and therefore if the `will' is read in its entirety and if we take into account, the benefits that flow from the bequest made by dr. karanth in favour ..... its, passages of great literary taste, as in the case of great plays of william shakespear. therefore, the main classification as literary work and dramatic work cannot be construed to mean that dramatic work has nothing to do with literary work. the only difference i see in them is that the dramatic work (plays) forms the text upon which the performance of the plays rests whereas a `literary ..... artistic craftsmanship.the word `author' is defined in section 2(d) to mean, (i) in relation to a literary or dramatic work, the author of the work; (ii) in relation to a musical work, the composer; (iii) in relation to an artistic work other than a photograph, the artist; (iv) in relation to a photograph, the person taking the photograph; (v) in relation to a .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1979Bom17; (1978)80BOMLR263
..... have in this connection to consider the submission made on behalf of thecane artiste that such performance would be covered either by the definition of 'artistic work' or 'dramatic work' or 'cinematograph film' to be found respectively in sub-sections (c), (h) and (f) of section 2 of the copyright act, ..... hand, on behalf of the cine artiste it was contended that the performance of an actor was covered by the definition of 'artistic work' or 'dramatic work' to be found in sections 2(c) and 2(h) of the copyright act, 1957. alternatively the argument which was advanced was ..... the cine artiste is acting, the form of which is fixed in the film and, therefore, would be within the definition of 'dramatic work'. alternatively in connection with this definition itself is was submitted that since it was an inclusive definition, even if an actor's performance fixed ..... considerwhich of the rival submissions are to be accepted.13. section 2 is the interpretation section and we are concerned with the words 'artistic work', 'author', 'cinematograph film', 'dramatic work', 'performance' and 'work' to be found in sub-sections (c), (d), (f), (h), (q) and (y) respectively of section 2. these ..... cinematograph film'. it is apparent that the definition in the indian copyright act is substantially the first part of the definition of 'dramatic work' under the english copyright act, 1911, excluding the later portion in the definition under the english act concerning cinematograph production.21. on a .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2004KAR4530
..... to a dramatic work, the conversion of the work into a non-dramatic work.(ii) in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise;(iii) in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which ..... of this single new sub-section.'21. the true effect of amendment of clause 2(a) (v) in the case of literary and dramatic works would apply only when there is marginal peripheral alterations and rearrangements. the amendment does not bring out any drastic change in the existing law, ..... law as laid down in r.g. anand's case, the english law and the american law on the subject of copyright in literary and dramatic works is unanimous in the view. there cannot be copy right over the ideas, theme, and the plot, lest it would stultify the growth ..... the story or action in conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in newspaper, magazine or similar periodical;(iv) in relation to a musical work, any arrangement or transcription of the work ..... is nothing new under the sun, certain patterns and situations are bond to recur. the claim ( and variations thereon) is often advanced that 'the entire dramatic literature of the world can be reduced to some three dozen situations' schwartz v. universal pictures co. 85 f. supp. 270(s.d. cal. .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1963SC151; 33CompCas745(SC); 2SCR774
..... in such a way as a book my be used, but still the principle de minimis non curat lex applies to a supposed wrong in taking a part of dramatic works, as well as in reproducing a part of a book.' (page 492). 59. finally he observed that the parts which were so taken were neither substantial nor material parts and ..... of copyright where two plays had been adapted from a common source by the parties to the litigation. in that case it was accepted before the court that the dramatic copyright act protected 'parts' of dramatic work and prohibited their use by persons other than the proprietor of the copyright. it was pointed out that in the case of ordinary copyright of published ..... work the protection was restricted only to the whole of the work and did not extend to portions of those works. the dramatic copyright act also contained a provision directing that infringement of the copyright would entitle the proprietor to damages of not less ..... action.' (pp. 491-2). 58. then after pointing out that while in the case of an ordinary copyright of published works a fair use made by others would not amount to a wrong justifying an action at law, the position of dramatic performance is not the same, he observed : 'they are not intended to be repeated by others or to be used .....Tag this Judgment!
Court : Kolkata
..... and has held 'reshooting' to amount to copying but did not consider by reshooting all that was being done was to adopt a means, for the expression of the dramatic works and arrangement, substantially and materially.24. for all the said reasons as the petitioner has an exclusive copyright in the hindi film and the bengali film infringes such right, ..... obtaining a retrospective licence. inspite of such offer neither the representative nor the respondents have contacted the petitioner.5. as the petitioner has a copyright in the literary and dramatic works including the cinematographic hindi film and the respondent by copying the story line and plot of the hindi film has infringed the petitioner's copyright in the hindi film. hence ..... interim reliefs.2. the case of the petitioner is that the suit is based on five causes of action - infringement of the cinematographic film, infringement of the literary works, infringement of the dramatic works, infringement of the author's special right and passing off action. the petitioner is the producer-director of reputed hindi films. under the banner block bluster movie entertainers ..... was assigned in favour of the petitioner who has become the owner of the copyright in the literary and dramatic works. by virtue of such copyright in the literary works and dramatic works the petitioner is entitled to exclusive right to exploit and reproduce the work under the copyright laws of india.3. by an arrangement the copyright in the said film vests in the .....Tag this Judgment!
Court : Delhi
..... prescribed in section 52(1)(j) are fulfilled. according to the defendant, the refusal of the express permission by the owners of the copyrights in the original literary, musical and dramatic works is immaterial for the purposes of making version recordings.11. i have heard the counsels for the parties at length and considered the statutory provisions and the case law cited ..... ) of the copyright act 1957 (the act). since the arguments have proceeded on the basis that the plaintiff is the owner of the copyrights in the original, literary, musical and dramatic works, of which the defendant has made version recordings, and the defendants defence is founded upon section 52 (1)(j) of the act, the submissions of learned counsel for the defendant ..... a sound recording does not get infringed on account of the making of another sound recording by using the same original literary, musical or dramatic work.35. section 17 describes how and by whom the copyright in any work is acquired for the first time. sections 18 to 21 deal with assignment, transmission and relinquishment of copyright. section 22 deals with the term ..... to enable the owners of such original rights or even the owners of copyrights in earlier recorded sound recordings of such original literary, musical or dramatic works, to ventilate their grievances before a competent court, in case the covers and labels appear to be misleading and confusing and do not sufficiently indicate that the product offered by .....Tag this Judgment!
Court : Mumbai
..... of a sound recording does not get infringed on account of the making of another sound recording by using the same original literary, musical or dramatic work." 51 s2401.06 (b). i am in respectful agreement with these observations and i have nothing more to add in this regard. i hasten ..... act :- " section 2. interpretation (d) "author" means,-- (i) in relation to a literary or dramatic work, the author of the work; (ii) in relation to a musical work, the composer; (iii) in relation to an artistic work other than a photograph, the artist; (iv) in relation to a photograph, the person taking the photograph; ..... are fixed. 17 u.s.c. 101. such sounds may consist of a literary, musical or dramatic work. no copyright may be claimed in a phonorecord as such, but a literary, musical or dramatic work will be eligible for copyright if it is fixed in any tangible medium of expression, including that ..... are fixed. 17 u.s.c. 101. such sounds may consist of a literary, musical or dramatic work. no copyright may be claimed in a phonorecord as such, but a literary, musical or dramatic work will be eligible for copyright if it is fixed in any tangible medium of expression, including that of ..... make another sound recording, may be by utilizing the same or different set of musicians, singers or artists by utilizing the same literary, dramatic or musical work. the owner of the copyright in the earlier produced sound recording cannot object to the making of such subsequent sound recordings or version recordings .....Tag this Judgment!
Court : Delhi
..... have failed to establish any prima facie copyright claim over the performance of the art or techniques pranic healing be it under the head of compilation as a literary work or as a dramatic work within the meaning of the copyright act.149. the interim order dated 14th september, 2011 is modified by substitution of the aforementioned directions in place of the ones ..... clarification policy has been issued by the copyright in us that the daily routines including yoga exercises and their sequences of asanas are not covered within the realm of the dramatic works. the said reasoning is consistent with the analysis made in the preceding paragraphs of this discussion. furthermore, in later of case of bikram s yoga (supra) decided by district court ..... as a play or a screenplay, will be readily identifiable as the dialogue and the acting directions, usually found in the stage directions. however, in order for a work to constitute a dramatic work there must be sufficient certainty of its subject matter. in the case of a play or a screenplay, this presents little problem, since what knits the separate incidents together ..... . the defendant to counter this submission vehemently argued that there is no foundation which has been laid in the pleadings qua the protection of the asanas of pranic healing as dramatic work and the court should therefore reject this argument straightway as afterthought.109. i have gone through the submissions advanced by the learned counsel for the parties in relation to the .....Tag this Judgment!
Court : Delhi
..... in the case of sound recordings and cinematograph films, hence are conferred only in respect of literary, musical and dramatic works. similarly, the exceptions in respect of each kind of work are carved out according to the nature of the work, and the kinds of situation in which it may serve the public.44. it is submitted that cinematograph films ..... the class of works in relation to which it permitted the exploitation of the copyright for specific purposes only. ..... the use to which computer programme can be put. the literary, dramatic, musical and artistic works are also dealt with in clauses (c) and (d). pertinently, clause (e) only deals with literary, dramatic or musical works, but does not deal with artistic works. clause (f) deals only with literary or dramatic works. the aforesaid clearly shows that the parliament deliberately and consciously chose ..... laying down the aforesaid foundation, the submission of the learned counsel for the defendant india tv is that the cinematograph films and sound recordings being derivative works of original literary, dramatic, musical or artistic works, though not specifically, but are impliedly included in section 51(1)(a) and 52(1)(b) of the act. the defendants logic for this .....Tag this Judgment!