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 »
Kerala High Court | Sukumaran J. | 7 December 1987 AIR 1989 Kerala 49 | (1988) 1 Ker LT 433 Background V.T. Thomas – popularly known as “Toms” – is the celebrated cartoonist who created the beloved characters Boban and Molly, a cartoon series featuring a mischievous child duo along with their family, which was
V.T. Thomas & Ors. v. Malayala Manorama Co. Ltd. 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 »
Copyright protection does not extend to every work that a person produces. It extends only to works that are original. This single requirement – originality – is the gateway through which all claims to copyright protection must pass. It is at once the most fundamental concept in copyright law and, in many ways, the most
Originality as the Foundation of Copyright Protection in India 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 grants its beneficiaries a bundle of exclusive rights. The value of those rights depends entirely on the law’s willingness and capacity to enforce them. A copyright that cannot be enforced against infringers is an entitlement without practical substance it defines what the rights holder is entitled to do with their work but provides
Copyright law is not just a technical subject of law it is a law that protects creativity and imagination. In India, the Copyright Act, 1957 along with the Copyright Rules, 2013 provides a proper legal system to protect the rights of authors. Over the years through various amendments like of 1994 and 2012, the Act