Kerala High Court | C.M.A. No. 329 of 1995 | 27 February 1996 | T.V. Ramakrishnan, J. Background The original drama at the centre of this dispute is Ningal Enne Communistakki (“Who Made You a Communist?”), written in 1952 by the celebrated Malayalam playwright Thoppil Bhasi while he was living in political hiding as an […]
Civic Chandran & Others v. C. Ammini Amma & Others Read More »
Delhi High Court | CS(COMM) 1329/2016 | 8 July 2019 | Manmohan, J. Background Yash Raj Films Pvt. Ltd., the plaintiff, is one of India’s most prominent film production houses with an established reputation in the domestic and international film industry. On 10th December 2010, the plaintiff released its Hindi film Band Baaja Baaraat across
Yash Raj Films Pvt. Ltd. v. Sri Sai Ganesh Productions & Ors. Read More »
Copyright law is, at its core, a bargain. Society grants creators a bundle of exclusive rights over their works for a limited period, in exchange for the enrichment that creative expression brings to public life. But the bargain was never intended to be unconditional. An absolute monopoly over the use of a work would impede
Fair Dealing under Section 52 of the Copyright Act, 1957 – A Comprehensive Analysis Read More »
Delhi High Court | CS(OS) 1656/2005 | 17 September 2008 | S. Ravindra Bhat, J. Background The plaintiff, the University of Oxford – one of the world’s most recognized academic publishers – had been publishing educational books in India since 1912. In collaboration with the Jammu & Kashmir State Board of School Education and pursuant
Delhi High Court (Division Bench) | FAO(OS) 583/2011 & 584/2011 | 21 August 2012 | Pradeep Nandrajog & Manmohan Singh, JJ. Background Yashraj Films Pvt. Ltd., the respondent, held copyright in the sound recordings and cinematographic films of several commercially successful Bollywood productions, including Bunty Aur Babli, Nayak, Lagaan, Aks, Main Hoon Na, Salam Namaste,
India TV Independent News Service Pvt. Ltd. & Ors. v. Yashraj Films Pvt. Ltd. Read More »
The internet has fundamentally altered the economics and architecture of creative expression. Content that once required physical manufacture, distribution and retail can now be reproduced, transmitted and accessed globally within seconds, at virtually no cost. This transformation has been a gift to creators and audiences alike – but it has also made large scale copyright
Bombay High Court | Notice of Motion No. 2847 of 2010 | 14 October 2010 | Smt. Roshan Dalvi, J. Background Twentieth Century Fox Film Corporation, the plaintiff, held copyright in the script and screenplay of its 2002 Hollywood film Phone Booth. The copyright was originally authored by Larry Cohen and assigned to the plaintiff
Twentieth Century Fox Film Corporation v. Sohail Maklai Entertainment Pvt. Ltd. & Anr. Read More »
Bombay High Court | A.P. Shah & D.K. Deshmukh JJ. | 27 March 2003 2003(27)PTC457(Bom) Background Sundial Communications Pvt. Ltd. (Plaintiff No. 1)- a television production company, conceptualized a show titled Kanhaiyya (later renamed Krish Kanhaiyya) in early 2002. The concept centered on Bal Krishna appearing in child form in a dysfunctional rich family, helping
Zee Telefilms Ltd. & Film and Shot v. Sundial Communications Pvt. Ltd. Read More »
Court: High Court of Delhi Decided on: 1 July 1996 Presiding Judge: Justice R.C. Lahoti Citation: 1996 (38) DRJ 81 Background The plaintiff, Rupendra Kashyap, proprietor of M/S Som Sudha Prakashan, was appointed exclusive licensee of the Central Board of Secondary Education (CBSE), defendant No. 3, by written agreement dated 2 July 1991. Under this
Rupendra Kashyap v. Jiwan Publishing House & Ors. Read More »
Copyright law does not only protect creativity, but it also controls how creative work is shared and used. Like a poem may start with a writer sitting alone, a song may begin in a music studio or a software program may be written on a laptop. But after creation, the work is usually published, performed,
