Court : Chennai
Reported in : (1956)2MLJ486
..... result of agreeing with the view propounded by mr. nambiar, viz., that under section 7 of schedule i, all infringing copies of an original literary work should be deemed to be the property of the owner of the copyright, and he would have a right to take proceedings for the recovery of ..... , is to be construed as a decision that a three-dimensional structure based on a two-dimensional plan treated as a literary work would constitute an infringement of copyright in the literary work, then that view should be respectfully but emphatically dissented from.31. the following passage in the judgment of rajagopala ayyangar, j ..... being borrowed from exhibit d-1. mr. o.t.g. nambiar urged that neither original thought nor original research is essential for claiming 'a literary' work to be original under section 1 of schedule, 1, and that standard of originality required is a very low one, and had been complied with ..... taken by rajagopala ayyangar, j., not to have seriously disputed the position that a plan like exhibit p-26 (b) would be 'an original literary work' within the meaning of section 1 read with section 35 (1) of the first schedule, of the indian copyright act, the learned advocate-general ..... did not understand the learned advocate-general, who appeared for the defendants, as contesting the position that exhibit p-26 (b) was not a literary work as defined in section 35(1). the learned advocate-general has represented before us, in this appeal, that this observation is not quite correct, and .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2008KAR1074; LC2008(1)373; ILR2008(1)Kar1075; 2008(1)KCCRSN82; 2008(2)AIRKarR517; AIR2008NOC1286; 2008AIHC2063(Kar)
..... 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 of ..... 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 ..... small, the law protects it, provided, the originality is the product resulting from the exercise of certain amount of labour skill and judgment, being brought into play. the expression 'literary work' refers to expression of thought in printing or writing. the copyright act does not require that the expression must be in an original or novel form, but it should originate ..... this juncture is whether the changes brought about by dr. karanth both in relation to the musical and dramatic composition of the seven prasangas can be brought under the expression 'literary work and books' 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 .....Tag this Judgment!
Court : Chennai
Reported in : AIR2000Mad454
..... his composition of kandha guru kavacham and consequently, he cannot assign the same to any other person.58. as indicated above, 'work' is defined in section 2(y). 'work' means, a literary. dramatic, musical and artistic work. 'literary work' is defined in section 2(o). the 'literary work' includes computer programmes, tables and compilations including computer data basis. the 'author' means. as per section 2(d), in ..... a swamigal having renounced the world, he cannot be compelled to renounce his copyright too.72. in the absence of contra materials, it is to be stated that the literary work of skandha guru kavacham was made by santhanandha swamigal of pudukottai, who had assigned the rights for composing music and tune to the first plaintiff and her sister for ..... respondents 1 and 2 that kandha guru kavacham was compiled by santhanandha swamigal. this aspect also would strengthen the case of the plaintiffs with reference to the authorship of the literary work, namely kandha guru kavacham.70. the plaintiffs also filed yet another additional document, the l.p. album containing the songs skandha sashti kavacham and skandha guru kavacham. on ..... public as per the wish of the swamiji.65. as stated above, the respondents 3 to 5 have also taken yet another stand with reference to the authorship of the literary work stating that these devotional songs were written by avathootha swamigal of simmakkal. madurai, who had granted permission to them by using the same through cassette, etc.66. it .....Tag this Judgment!
Court : Mumbai
..... the above provisions the court must keep in mind that a sound recording is only 31 s2401.06 a derivative work being derived from the musical and literary work. the musical and literary works are the original works. the creator of the original musical and literary work ought therefore to be given precedence over the owner of the copyright in a sound recording. 22. section 2 ..... between the plaintiff and ppl in this regard. the defendant's right is restricted only in respect of public performance of any musical work or literary work which means live performance to communicate to the public the musical work or literary work, otherwise than as part of the sound recording. the plaintiff, therefore, contended that the payments made pursuant to the said agreement were ..... be distinguished from, on the one hand, the material object on which the sound is recorded, and, on the other hand, the underlying musical composition, or dramatic or literary work that is recorded and transposed into aural form by the sound recording. clearly, a sound recording copyright vests no proprietary rights in the material object as such. likewise, the ..... contention is that despite the same, the plaintiff is not entitled to broadcast the said sound recordings without also obtaining a licence from the owners of the underlying musical and literary works therein, which are owned by its members. 18. dr. tulzapurkar, the learned senior counsel appearing on behalf of the plaintiff submitted as under :- i. the act recognizes .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2008SC809; 2008(2)ALD1(SC); 2008(56)BLJR181; (2008)1CALLT69(SC); (2008)1CompLJ1(SC); 2008(1)JKJ41[SC]; LC2008(1)56; (2008)1MLJ361(SC); 2008(36)PTC1(SC); 2007(14)SCALE1; 2008AIRSCW49; AIR2008SC809; 2008(1)SCC1; 2008(1)LH(SC)179; 2008(2)ICC206; 2008(4)KCCRSN237
..... as regards compilation, originality is a matter of degree depending on the amount of skill, judgment or labour that has been involved in making the compilation. the words literary work cover work which is expressed in print or writing irrespective of the question whether the quality or style is high. the commonplace matter put together or arranged without the exercise of more ..... the principles enunciated in the case of university of london press, ltd. v. university tutorial press, ltd.,  2 ch. 601, dealing with the meaning of the words `original literary work that the original does not mean expression of original or inventive thought. the copyright act is not concerned with the original ideas, but with the expression of thought. the originality ..... in the judgments or putting paragraph numbers or arranging the said judgments in a particular manner while printing, the appellants can claim that the copy-edited judgments become their original literary work . if the right of a person like the appellants who are merely reporting the judgments of the courts is stretched to this extent, then after a judgment is ..... reports comprising of the appellants version or presentation of those judgments and orders of the supreme court after putting various inputs in the raw text and it constitutes an `original literary work of the appellants in which copyright subsists under section 13 of the copyright act, 1957 (hereinafter referred to as the act ) and thus the appellants alone have the exclusive .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(4)ALLMR617; 2008(2)BomCR400; (2007)109BOMLR981; LC2007(2)223; 2008(36)PTC377(Bom)
..... the defendants had argued that it is not possible to discern the actual grievance of the plaintiff whether it is in relation to infringement of concept or of literary work or artistic work. this argument is canvassed in the context of the comparison made by the plaintiff regarding the appearance of clock. according to the defendants, reproduction or copying of ..... only if this court were to find that treatment, format, structure, expression and presentation of the programme 'summer showdown' was materially dissimilar and do not resemble to the literary work of the plaintiff. however, on the finding recorded earlier, this argument will not take the matter any further for the defendants. similarly, the argument of the defendants that ..... further developed concept note and the production plan which spell out the format, the treatment, the problems, etc., articulated by the plaintiff which was her original literary work in relation to programme 'work in progress', have been lifted and substantial part thereof has been reproduced and adapted by the defendants in their programme titled 'summer showdown'.24. counsel for the ..... her concept as further developed and also the production plan. the plaintiff asserts that the further developed concept note and the production plan (exhibit d) were also her 'literary work'. the same were discussed threadbare with the defendants, but the plaintiff was informed that the budget proposed by her for the proposed television programme was on the higher side. .....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)
..... 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 ..... 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 ..... , before us.9. dr. rajiv dhavan, learned senior counsel appearing on behalf of appellants in his usual fairness conceded:i. the copyright in the literary work has been assigned by reason of the said will in favour of the respondent in terms of clause 12 of the will. ii. dr. karanth ..... them extended or renewed lease of life. for all these services, i hereby declare that after my death copyrights in respect of all my literary works shall vest with smt. malini mallya and she alone shall be entitled to receive royalties of all my books and she shall be entitled to ..... show, the scenic arrangement or acting, form of which is fixed in writing or otherwise but does not include a cinematograph film.section 2(o) defines 'literary work' to include computer programmes, tables and compilations including computer databases. section 2(qq) defines 'performer' to include an actor, singer, musician, dancer, acrobat, .....Tag this Judgment!
Court : Delhi
Reported in : 138(2007)DLT312
..... that the title means his play...the title is the proper name of a specific thing, not the differential of a species, as in the case of fungibles.21. each literary work is a specific, separate and unique commercial item and not as one product among many competing products. the reason is simple. each book, movie, play or record is an economic ..... , phonograph records, cartoon features and the like [mccarthy on trademarks and unfair competition, third edition (1995) vol. i].12. american courts have taken uniform view that title alone of a literary work cannot be protected by copyright law. copying of a title alone, and not the plot, characterization, dialogue, song etc. is not the subject of copyright law. thus, a copyright on ..... literary works. 22. what is the evidence needed to establish secondary meaning for a literary work? in international film service co. ltd. v. associated producers inc. (supra) following simple, but at the same time most eloquent parameter is laid down ..... market in and of itself, not in competition with other similar literary works. thereforee, each literary title is regarded as a term used to describe the product itself, rather than a mark used to designate a single source among many sources of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1972Cal533
..... of letter-press, sheet of music, map, chart, or plan, separately published, copyright under the copyright act, 1911, extends to all literary works, and the words 'literary work' cover work which is expressed in print or writing, irrespective of the question whether the quality or style is high, and are used in the sense ..... 1916) 2 ch 601 at p. 608. (university of london press ltd. v. university tutorial press ltd.) and submitted that these works are literary works within the meaning of the words literary works in its copyright act 1957.9. mr. m. b. sarkar appearing for the defendant nos. 1 and 2 kiron chandra mukhopadhaya and ..... sri thakur anukul chandra, or his sermons and sayings which are compiled by satasang on his behalf would prima facie, come within the meaning of 'literary works' and would in my view, be protected under the copyright act.in the instant case, before me, the defendants did not claim to have ..... to a trade-customer offering their goods at a low price if the customer agrees to take such goods exclusively from them, is an 'original literary work' within the meaning of section 1, sub-section (1) of the copyright act, 1911 and the writers are entitled to copyright therein.11. ..... of the word 'literature' in political or electioneering literature and refers to written or printed matter. papers set by examiners are, in my opinion, 'literary work' within the meaning of the present act'.this judgment has been followed by romer. j. in 1925 ch 383 (british oxygen co. v. liquid .....Tag this Judgment!
Court : Delhi
..... selected by the respondents. the respondents claimed copyright in their coupon and alleged infringement by the appellants. by the copyright act, 1956, section 2(1) copyright subsisted in every.original literary work, a literary work including, by virtue of section 48(1), compilation. under section 2(5)(a) and section 49(1), copyright gave the exclusive right to reproduce a substantial part of the ..... domain. fiar use defence: 57. the learned single judge accepted this defence of fair use' in the following words: 15. section 52 (1) (h) also provides that reproduction of even literary work as part of questions to be answered in an examination or in answers to such question shall not constitute infringement of copyright. 16. in my view, once the book of ..... the law of the land stated in all the abovementioned cases. the learned single judge observed that the grammatical use of tenses, words, etc., do not constitute original literary work. admittedly, the subject work of the appellant, i.e.,.advanced english grammar by martin hewings was composed of exercises based on day-to-day use of simple english language and therefore the learned ..... court relying upon the cases of hubbard & others v. vosper and rg anand (1972) 2qb 84 held that when the alleged infringing work is not a market competitor to the subject work, and the former itself constituted a literary work with some amount of originality, it would constitute fair dealing. 87. coupled with these aspects, when we keep in mind that the book .....Tag this Judgment!