SlideShare a Scribd company logo
COPYRIGHT ACT, 1957
Presentation
LLM Commercial Batch (2017-18)
Topic: Infringement of Copyright
CMR School Of Legal Studies
BY SHLISHA DEVADIGA AND SHWETA CHOUDHARY
MEANING: COPYRIGHT INFRINGEMENT
 Infringement is derived from the word Infringe which means break a law
or an agreement.
 It leads to economic loss to the owners of copyright. Besides economic
loss, it also adversely affects creativity.
 Section 51 of Copyright Act, 1957.
DEFINITION OF INFRINGEMENT
NOTE
ILLUSTRATIONS
ILLUSTRATIONS
PRINCIPLES OF DETERMINING INFRINGEMENT
 Direct Copying
 Indirect Copying
 Substantial copying
Substantial copying means copying major part of the author. Even if a part
copied it would lead to substantial copying if it is a very important part of the
author’s work.
Case: D Narayan Rao V. Prasad
Facts: Defendant had borrowed a part of the speech which was only two and
half minute duration in a three hour film.
Held: Court held that substantial part of the speech had been copied.
PRINCIPLES OF DETERMINING INFRINGEMENT
(CONTD..)
 Conscious, unconscious and subconscious copying.
Conscious: has self knowledge.
Unconscious: No self knowledge.
Subconscious: Familiar with the work. Subconscious copying is
sufficient to constitute infringement.
WADIA MOVIE TONE PVT LTD V. VISHAL
BHARADWAJ(2017 CASE)
 Facts: The movie ‘Hunterwali’ released in the year 1930s had copyright in a unique
character ‘Fearless Nadia’ a stuntwoman. The defendant produced another movie
‘Rangoon’ in the year 2016 starring Kangana Ranuat in the leading role with the character’s
name ‘Janbaaz Julie’ but they landed into a legal battle with the Wadias when they accused
of copyrighting the character ‘Janbaaz Julie’ from ‘Fearless Nadia’. The costume, the
character sketch, the style of walking, wearing a mask, a whip, being a stunt woman and
using the phrase ‘Bloody Hell’. Everything was copied from ‘Fearless Nadia’ character.`
 Issue: Whether infringement of the character ‘Fearless Nadia’ took place???
 Held: Court held that as there were substantial copying of the character, Rangoon of Vishal
Bharadwaj was accused of infringement was asked to pay bank Guarantee of two crores etc.
GHAJINI V. FUDGINI (2005 case)
 Facts: The movie ‘Ghajini: Tamil’ released in the year 2005 where the main character suffered
from temporary memory loss and was out to get revenge for his wife’s murder. In the year
2008, a Hindi version of Ghajini was released where the character also suffered from short
term memory loss and was out for vengeance for his girlfriend’s murder. The only difference
was in latter movie, the girl was his girlfriend,
 Issue: Whether the copyright of Ghajini: Tamil movie was infringed by the Hindi Version of the
movie?
 Held: Court held that there were infringement and Interim injunction was ordered.
MILAN LUTHRIA V. GULSHAN RAI(2017)
 Facts: The movie ‘Baadshaho’ released in the year 2017 and released a song called “Socha
Hai”. Before this movie, Deewar released the song ‘Keh doon tumhe’. The producers of
Baadshaho had remixed the song ‘Keh Doon Tumhe’ and made a new on one ‘Socha hai’.
The defendant claimed that they had remixed the song without their permission and it
was infringement of the song.
 Issue: Whether the song ‘Socha hai’ lead to infringement of the original song ‘Keh Doon
Tumhe.’
 Held: Court held that as there were infringement and injunction was ordered. The song
was removed from the movie.
PHONE BOOTH V. KNOCKOUT
 Facts: In Phone Booth, a movie by Twentieth Century Fox, there was hostage in the
phone booth having major conversation with the sniper and the story also revolves
around extra marital affair. In Sohail Maklai’ Entertainment’s movie Knockout as well,
the story revolved around a hostage and the issue revolved around the issue of black
money with the zest of extra marital affair. Twentieth Century Fox filed a case against
Sohail Miklai for unlawful remake of the movie Phone Booth.
 Issue: Whether the copyright of Phone Booth was infringed.
 Held: In this case, the court held that it was copyright infringement and awarded
damages to Twentieth Century Fox.
ORIENT LONGMAN V. INDEREET ANANT 2005
Facts: The defendant reproduced the loose sheets of the
author’s work. The defendant contended that it was
reproduction of loose sheets and would not lead to
infringement. The plaintiff filed a case against the defendant
for infringement.
Issue: Whether the reproduction of the loose sheets
constitute to be an infringement.
Held: The court held that it would lead to infringement as it
was the work of author’s irrespective of it being loose sheets.
PERFORMING RIGHTS SOCIETY VS HAWTHRONS
Facts: The performance was open to any member of the public who
was prepared to be the guest of the hotel by either staying there or
dinning there.
Held: Infringement was established, as they tried earning profits by
inviting people for stay and dinner through a performance. Profits
was earned by defendants. The defendants infringes the copyright
when the public performance is made on payment.
MACMILLAN & CO. VS K.J COOPER
Facts: Plaintiff’s book consisted of selected passages by Plutarch’s life of Alexander
the great, joined together by few words to give a different appearance. The book
also contained introduction and notes useful for education. A similar book was
published by defendants with notes. The original work contained 40,000 words
while the defendants had copied 20,000 words and 7000 words in notes.
Issue: Whether the defendants work infringed the copyright in the plaintiff’s works?
Held: Defendants work infringed the copyright.
T-SERIES VS GURUJI.COM
 T-SERIES VS GURUJI.COM
Facts: T- series is a top music label company and Guruji.com is an indigenously made
music search engine founded by two IIT graduates in 2006
• Guruji.com slowly gained popularity as pirated music search engine, it didn’t hold
any pirated music but it promoted pirated music through its homepage search
results. It was sharing mega data instead of only links.
They also displayed ads like Songs.pk
• 2008 T-series issued notice to Guruji.com
CONTD…
Where did the defendant go wrong? They didn’t maintain anonymity, other music
piracy websites have servers outside India/ outside Indian’s court purview
THE JUDGEMENT
•Defendant removed search links for music from its site
• Shut down music search site in 2011
• Arrest of Anurag Dod, CEO of Guruji.com
• Seizure of servers, storage media and other equipment • Arrest of employees of
Guruji.com
EXCEPTIONS TO INFRINGEMENT
 private use, including research; criticism or review ,
 reporting current events in any print media or
 by broadcast or in a cinematographic film or by means of photographs,
 reproduction for the purpose of a judicial proceeding or
 of a report of a judicial proceeding;
 the reading or recitation in public,
 the publication in a collection,
 the making of sound with owner’s consent,
 reproduction or publication of a literary, dramatic, musical or artistic work
THE DOCTRINE OF FAIR DEALING
 The term “fair dealing” has not been defined in the Act. It is a legal doctrine, which allows a
person to make limited use of copyrighted work without the permission of the owner.
 The fair nature of the dealing depends on the following four factors:
 1. the purpose of use
 2.the nature of the work
 3.the amount of the work used, and
 4.the effect of use of the work on the original.
 Certain changes were incorporated by way of the Copyright (Amendment) Act, 2012. The
existing clause (1)(a) has been amended to provide fair dealing with any work for the
purposes of private and personal use with an exception that of a computer programme
REMEDIES AVAILABLE FOR INFRINGEMENT
 Administrative : include detention of the infringing goods by the customs
authorities.
 Civil:
• Injunction
• Pecuniary Remedies
• Anton Pillar Orders
• Mareva Injunction
• Norwich Pharmacal Order
REMEDIES AVAILABLE FOR INFRINGEMENT
Criminal :Imprisonment up to 3 years but, not less than 6
months
 Fine which may not be less than 50,000 but, may extend
up to 2,00,000,
 Search and seizure of infringing goods,
 Delivery of infringing goods to the copyright owner
THANKYOU

More Related Content

What's hot

Copyright
CopyrightCopyright
Copyright
Sakshi Saxena
 
The Berne convention 1886
 The Berne convention 1886 The Berne convention 1886
The Berne convention 1886
Amitabh Srivastava
 
Geographical Indication of Intellectual Property
Geographical Indication of Intellectual PropertyGeographical Indication of Intellectual Property
Geographical Indication of Intellectual Property
Devansh Aggarwal
 
Trademark Act, 1999
Trademark Act, 1999Trademark Act, 1999
Trademark Act, 1999
Saurabh Gupta
 
Copyright Registration
Copyright RegistrationCopyright Registration
Copyright Registration
Legal Raasta
 
Surrender and Revocation of Patents
Surrender and Revocation of PatentsSurrender and Revocation of Patents
Surrender and Revocation of Patents
DVSResearchFoundatio
 
Nature and scope of protection of copyright
Nature and scope of protection of copyrightNature and scope of protection of copyright
Nature and scope of protection of copyright
Vikash Kumar
 
Copyright and its infringement
Copyright and its infringement Copyright and its infringement
Copyright and its infringement
Dhara sharma
 
Infringement of patents and remedies
Infringement of patents and remediesInfringement of patents and remedies
Infringement of patents and remedies
atuljaybhaye
 
Copyright
CopyrightCopyright
Copyright
Libin Kurian
 
Intellectual property rights (2)
Intellectual property rights (2)Intellectual property rights (2)
Intellectual property rights (2)StudsPlanet.com
 
Copyright (presentation)
Copyright (presentation)Copyright (presentation)
Copyright (presentation)Gagan Varshney
 
Trademark and It's Types
Trademark and It's TypesTrademark and It's Types
Trademark and It's Types
Jharna Jagtiani
 
Compulsory licensing (patents)
Compulsory licensing (patents)Compulsory licensing (patents)
Compulsory licensing (patents)
Kumar Saurav Prasad
 
Copyright in india
Copyright in indiaCopyright in india
Copyright in india
Veeral Bhateja
 
Intellectual property appellate board
Intellectual property appellate boardIntellectual property appellate board
Intellectual property appellate boardUrmila Aswar
 
Concept of passing off sem vi
Concept of passing off   sem viConcept of passing off   sem vi
Concept of passing off sem vi
atuljaybhaye
 
Effect of copyright (amendment) Act, 2012 on indian flim industry
Effect of copyright (amendment) Act, 2012 on indian flim industryEffect of copyright (amendment) Act, 2012 on indian flim industry
Effect of copyright (amendment) Act, 2012 on indian flim industry
Nikhil kumar Tyagi
 
Intellectual property-Trademark
Intellectual property-TrademarkIntellectual property-Trademark
Intellectual property-Trademark
Priyanka Agarwal
 

What's hot (20)

Copyright
CopyrightCopyright
Copyright
 
The Berne convention 1886
 The Berne convention 1886 The Berne convention 1886
The Berne convention 1886
 
Geographical Indication of Intellectual Property
Geographical Indication of Intellectual PropertyGeographical Indication of Intellectual Property
Geographical Indication of Intellectual Property
 
Trademark Act, 1999
Trademark Act, 1999Trademark Act, 1999
Trademark Act, 1999
 
Copyright Registration
Copyright RegistrationCopyright Registration
Copyright Registration
 
Surrender and Revocation of Patents
Surrender and Revocation of PatentsSurrender and Revocation of Patents
Surrender and Revocation of Patents
 
Nature and scope of protection of copyright
Nature and scope of protection of copyrightNature and scope of protection of copyright
Nature and scope of protection of copyright
 
Copyright and its infringement
Copyright and its infringement Copyright and its infringement
Copyright and its infringement
 
Infringement of patents and remedies
Infringement of patents and remediesInfringement of patents and remedies
Infringement of patents and remedies
 
Copyright
CopyrightCopyright
Copyright
 
Copyright socities
Copyright socitiesCopyright socities
Copyright socities
 
Intellectual property rights (2)
Intellectual property rights (2)Intellectual property rights (2)
Intellectual property rights (2)
 
Copyright (presentation)
Copyright (presentation)Copyright (presentation)
Copyright (presentation)
 
Trademark and It's Types
Trademark and It's TypesTrademark and It's Types
Trademark and It's Types
 
Compulsory licensing (patents)
Compulsory licensing (patents)Compulsory licensing (patents)
Compulsory licensing (patents)
 
Copyright in india
Copyright in indiaCopyright in india
Copyright in india
 
Intellectual property appellate board
Intellectual property appellate boardIntellectual property appellate board
Intellectual property appellate board
 
Concept of passing off sem vi
Concept of passing off   sem viConcept of passing off   sem vi
Concept of passing off sem vi
 
Effect of copyright (amendment) Act, 2012 on indian flim industry
Effect of copyright (amendment) Act, 2012 on indian flim industryEffect of copyright (amendment) Act, 2012 on indian flim industry
Effect of copyright (amendment) Act, 2012 on indian flim industry
 
Intellectual property-Trademark
Intellectual property-TrademarkIntellectual property-Trademark
Intellectual property-Trademark
 

Similar to Infringement of Copyright (Case Laws)

What is the remedy available with you as a producer of a movie if your movie ...
What is the remedy available with you as a producer of a movie if your movie ...What is the remedy available with you as a producer of a movie if your movie ...
What is the remedy available with you as a producer of a movie if your movie ...
Tejaswinee Roychowdhury
 
COPYRIGHT ipr.pptx
COPYRIGHT ipr.pptxCOPYRIGHT ipr.pptx
COPYRIGHT ipr.pptx
SACHINKALE90
 
Intellectual Property Rights .final - Copy.pptx
Intellectual Property Rights .final - Copy.pptxIntellectual Property Rights .final - Copy.pptx
Intellectual Property Rights .final - Copy.pptx
Vikaskumar239360
 
Intellectual Property Rights in the Media Industry
Intellectual Property Rights in the Media IndustryIntellectual Property Rights in the Media Industry
Intellectual Property Rights in the Media Industry
Pinank Vora
 
YRF V SRI SAI GANESH PRODUCTIONS.pdf
YRF V SRI SAI GANESH PRODUCTIONS.pdfYRF V SRI SAI GANESH PRODUCTIONS.pdf
YRF V SRI SAI GANESH PRODUCTIONS.pdf
shivampatel993640
 
Copy right(a case study)
Copy right(a case study)Copy right(a case study)
Copy right(a case study)
himsa420
 
Copyright Law Case Studies In India PPT
Copyright Law Case Studies  In India PPTCopyright Law Case Studies  In India PPT
Copyright Law Case Studies In India PPT
kotiantanishtha04
 
Introduction to Copyright and trademark (2).pptx
Introduction to Copyright and trademark (2).pptxIntroduction to Copyright and trademark (2).pptx
Introduction to Copyright and trademark (2).pptx
HarshYadav252
 
Analysis of the issue of fair dealing : India TV vs YashRaj & Saregama vs Via...
Analysis of the issue of fair dealing : India TV vs YashRaj & Saregama vs Via...Analysis of the issue of fair dealing : India TV vs YashRaj & Saregama vs Via...
Analysis of the issue of fair dealing : India TV vs YashRaj & Saregama vs Via...
Nikhil Saraf
 
INTRODUCTION TO COPYRIGHT IN INDIA.pptx
INTRODUCTION TO COPYRIGHT IN INDIA.pptxINTRODUCTION TO COPYRIGHT IN INDIA.pptx
INTRODUCTION TO COPYRIGHT IN INDIA.pptx
ssuser87928e
 
Mbu 2520 spring 2020 chapter 10
Mbu 2520 spring 2020 chapter 10Mbu 2520 spring 2020 chapter 10
Mbu 2520 spring 2020 chapter 10
Eric Griffin
 
Legal odessa international_film_festival_gadomsky
Legal odessa international_film_festival_gadomskyLegal odessa international_film_festival_gadomsky
Legal odessa international_film_festival_gadomsky
Juscutum
 
Case Study Vidding -- Free Expression or Copyright PiracyRead .docx
Case Study Vidding -- Free Expression or Copyright PiracyRead .docxCase Study Vidding -- Free Expression or Copyright PiracyRead .docx
Case Study Vidding -- Free Expression or Copyright PiracyRead .docx
tidwellveronique
 
Copyright1
Copyright1Copyright1
Copyright1
Akshay Kumar
 
Copyright 2012
Copyright 2012Copyright 2012
Copyright 2012
Rachel Heyes
 
IIT,IPR Seminar
IIT,IPR  SeminarIIT,IPR  Seminar
IIT,IPR Seminar
Prof. (Dr.) Tabrez Ahmad
 
Mbu 2520 spring 2020 chapter 6
Mbu 2520 spring 2020 chapter 6Mbu 2520 spring 2020 chapter 6
Mbu 2520 spring 2020 chapter 6
Eric Griffin
 
What is the threat to culture by a read-only world, and how do t.pdf
What is the threat to culture by a read-only world, and how do t.pdfWhat is the threat to culture by a read-only world, and how do t.pdf
What is the threat to culture by a read-only world, and how do t.pdf
forwardcom41
 
Fair Is Fair: An Exploration of Copyright Fair Use Principles
Fair Is Fair: An Exploration of Copyright Fair Use PrinciplesFair Is Fair: An Exploration of Copyright Fair Use Principles
Fair Is Fair: An Exploration of Copyright Fair Use Principles
Dan Kennedy
 

Similar to Infringement of Copyright (Case Laws) (20)

What is the remedy available with you as a producer of a movie if your movie ...
What is the remedy available with you as a producer of a movie if your movie ...What is the remedy available with you as a producer of a movie if your movie ...
What is the remedy available with you as a producer of a movie if your movie ...
 
DobsonHW6CH8graded
DobsonHW6CH8gradedDobsonHW6CH8graded
DobsonHW6CH8graded
 
COPYRIGHT ipr.pptx
COPYRIGHT ipr.pptxCOPYRIGHT ipr.pptx
COPYRIGHT ipr.pptx
 
Intellectual Property Rights .final - Copy.pptx
Intellectual Property Rights .final - Copy.pptxIntellectual Property Rights .final - Copy.pptx
Intellectual Property Rights .final - Copy.pptx
 
Intellectual Property Rights in the Media Industry
Intellectual Property Rights in the Media IndustryIntellectual Property Rights in the Media Industry
Intellectual Property Rights in the Media Industry
 
YRF V SRI SAI GANESH PRODUCTIONS.pdf
YRF V SRI SAI GANESH PRODUCTIONS.pdfYRF V SRI SAI GANESH PRODUCTIONS.pdf
YRF V SRI SAI GANESH PRODUCTIONS.pdf
 
Copy right(a case study)
Copy right(a case study)Copy right(a case study)
Copy right(a case study)
 
Copyright Law Case Studies In India PPT
Copyright Law Case Studies  In India PPTCopyright Law Case Studies  In India PPT
Copyright Law Case Studies In India PPT
 
Introduction to Copyright and trademark (2).pptx
Introduction to Copyright and trademark (2).pptxIntroduction to Copyright and trademark (2).pptx
Introduction to Copyright and trademark (2).pptx
 
Analysis of the issue of fair dealing : India TV vs YashRaj & Saregama vs Via...
Analysis of the issue of fair dealing : India TV vs YashRaj & Saregama vs Via...Analysis of the issue of fair dealing : India TV vs YashRaj & Saregama vs Via...
Analysis of the issue of fair dealing : India TV vs YashRaj & Saregama vs Via...
 
INTRODUCTION TO COPYRIGHT IN INDIA.pptx
INTRODUCTION TO COPYRIGHT IN INDIA.pptxINTRODUCTION TO COPYRIGHT IN INDIA.pptx
INTRODUCTION TO COPYRIGHT IN INDIA.pptx
 
Mbu 2520 spring 2020 chapter 10
Mbu 2520 spring 2020 chapter 10Mbu 2520 spring 2020 chapter 10
Mbu 2520 spring 2020 chapter 10
 
Legal odessa international_film_festival_gadomsky
Legal odessa international_film_festival_gadomskyLegal odessa international_film_festival_gadomsky
Legal odessa international_film_festival_gadomsky
 
Case Study Vidding -- Free Expression or Copyright PiracyRead .docx
Case Study Vidding -- Free Expression or Copyright PiracyRead .docxCase Study Vidding -- Free Expression or Copyright PiracyRead .docx
Case Study Vidding -- Free Expression or Copyright PiracyRead .docx
 
Copyright1
Copyright1Copyright1
Copyright1
 
Copyright 2012
Copyright 2012Copyright 2012
Copyright 2012
 
IIT,IPR Seminar
IIT,IPR  SeminarIIT,IPR  Seminar
IIT,IPR Seminar
 
Mbu 2520 spring 2020 chapter 6
Mbu 2520 spring 2020 chapter 6Mbu 2520 spring 2020 chapter 6
Mbu 2520 spring 2020 chapter 6
 
What is the threat to culture by a read-only world, and how do t.pdf
What is the threat to culture by a read-only world, and how do t.pdfWhat is the threat to culture by a read-only world, and how do t.pdf
What is the threat to culture by a read-only world, and how do t.pdf
 
Fair Is Fair: An Exploration of Copyright Fair Use Principles
Fair Is Fair: An Exploration of Copyright Fair Use PrinciplesFair Is Fair: An Exploration of Copyright Fair Use Principles
Fair Is Fair: An Exploration of Copyright Fair Use Principles
 

Recently uploaded

1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
9ib5wiwt
 
WINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of DissolutionWINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of Dissolution
KHURRAMWALI
 
DNA Testing in Civil and Criminal Matters.pptx
DNA Testing in Civil and Criminal Matters.pptxDNA Testing in Civil and Criminal Matters.pptx
DNA Testing in Civil and Criminal Matters.pptx
patrons legal
 
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW  AN OVERVIEW in Malawi.pptxEMPLOYMENT LAW  AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
MwaiMapemba
 
Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...
Finlaw Consultancy Pvt Ltd
 
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
9ib5wiwt
 
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
Dr. Oliver Massmann
 
The Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot CitizenshipThe Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot Citizenship
BridgeWest.eu
 
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdfDonald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
ssuser5750e1
 
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptxHighlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
anjalidixit21
 
Agrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quizAgrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quiz
gaelcabigunda
 
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxRIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
OmGod1
 
Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)
Wendy Couture
 
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
9ib5wiwt
 
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal CourtAbdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Gabe Whitley
 
Notes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.docNotes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.doc
BRELGOSIMAT
 
Debt Mapping Camp bebas riba to know how much our debt
Debt Mapping Camp bebas riba to know how much our debtDebt Mapping Camp bebas riba to know how much our debt
Debt Mapping Camp bebas riba to know how much our debt
ssuser0576e4
 
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
9ib5wiwt
 
Cold War - 1, talks about cold water bro
Cold War - 1, talks about cold water broCold War - 1, talks about cold water bro
Cold War - 1, talks about cold water bro
SidharthKashyap5
 
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
9ib5wiwt
 

Recently uploaded (20)

1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
 
WINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of DissolutionWINDING UP of COMPANY, Modes of Dissolution
WINDING UP of COMPANY, Modes of Dissolution
 
DNA Testing in Civil and Criminal Matters.pptx
DNA Testing in Civil and Criminal Matters.pptxDNA Testing in Civil and Criminal Matters.pptx
DNA Testing in Civil and Criminal Matters.pptx
 
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW  AN OVERVIEW in Malawi.pptxEMPLOYMENT LAW  AN OVERVIEW in Malawi.pptx
EMPLOYMENT LAW AN OVERVIEW in Malawi.pptx
 
Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...Responsibilities of the office bearers while registering multi-state cooperat...
Responsibilities of the office bearers while registering multi-state cooperat...
 
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
怎么购买(massey毕业证书)新西兰梅西大学毕业证学位证书注册证明信原版一模一样
 
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
VIETNAM - DIRECT POWER PURCHASE AGREEMENTS (DPPA) - Latest development - What...
 
The Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot CitizenshipThe Main Procedures for Obtaining Cypriot Citizenship
The Main Procedures for Obtaining Cypriot Citizenship
 
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdfDonald_J_Trump_katigoritirio_stormi_daniels.pdf
Donald_J_Trump_katigoritirio_stormi_daniels.pdf
 
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptxHighlights_of_Bhartiya_Nyaya_Sanhita.pptx
Highlights_of_Bhartiya_Nyaya_Sanhita.pptx
 
Agrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quizAgrarian Reform Policies in the Philippines: a quiz
Agrarian Reform Policies in the Philippines: a quiz
 
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxRIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptx
 
Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)Business and Corporate Case Update (2024)
Business and Corporate Case Update (2024)
 
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
 
Abdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal CourtAbdul Hakim Shabazz Deposition Hearing in Federal Court
Abdul Hakim Shabazz Deposition Hearing in Federal Court
 
Notes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.docNotes-on-Prescription-Obligations-and-Contracts.doc
Notes-on-Prescription-Obligations-and-Contracts.doc
 
Debt Mapping Camp bebas riba to know how much our debt
Debt Mapping Camp bebas riba to know how much our debtDebt Mapping Camp bebas riba to know how much our debt
Debt Mapping Camp bebas riba to know how much our debt
 
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
定制(nus毕业证书)新加坡国立大学毕业证学位证书实拍图原版一模一样
 
Cold War - 1, talks about cold water bro
Cold War - 1, talks about cold water broCold War - 1, talks about cold water bro
Cold War - 1, talks about cold water bro
 
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
 

Infringement of Copyright (Case Laws)

  • 1. COPYRIGHT ACT, 1957 Presentation LLM Commercial Batch (2017-18) Topic: Infringement of Copyright CMR School Of Legal Studies BY SHLISHA DEVADIGA AND SHWETA CHOUDHARY
  • 2. MEANING: COPYRIGHT INFRINGEMENT  Infringement is derived from the word Infringe which means break a law or an agreement.  It leads to economic loss to the owners of copyright. Besides economic loss, it also adversely affects creativity.  Section 51 of Copyright Act, 1957.
  • 7. PRINCIPLES OF DETERMINING INFRINGEMENT  Direct Copying  Indirect Copying  Substantial copying Substantial copying means copying major part of the author. Even if a part copied it would lead to substantial copying if it is a very important part of the author’s work. Case: D Narayan Rao V. Prasad Facts: Defendant had borrowed a part of the speech which was only two and half minute duration in a three hour film. Held: Court held that substantial part of the speech had been copied.
  • 8. PRINCIPLES OF DETERMINING INFRINGEMENT (CONTD..)  Conscious, unconscious and subconscious copying. Conscious: has self knowledge. Unconscious: No self knowledge. Subconscious: Familiar with the work. Subconscious copying is sufficient to constitute infringement.
  • 9. WADIA MOVIE TONE PVT LTD V. VISHAL BHARADWAJ(2017 CASE)  Facts: The movie ‘Hunterwali’ released in the year 1930s had copyright in a unique character ‘Fearless Nadia’ a stuntwoman. The defendant produced another movie ‘Rangoon’ in the year 2016 starring Kangana Ranuat in the leading role with the character’s name ‘Janbaaz Julie’ but they landed into a legal battle with the Wadias when they accused of copyrighting the character ‘Janbaaz Julie’ from ‘Fearless Nadia’. The costume, the character sketch, the style of walking, wearing a mask, a whip, being a stunt woman and using the phrase ‘Bloody Hell’. Everything was copied from ‘Fearless Nadia’ character.`  Issue: Whether infringement of the character ‘Fearless Nadia’ took place???  Held: Court held that as there were substantial copying of the character, Rangoon of Vishal Bharadwaj was accused of infringement was asked to pay bank Guarantee of two crores etc.
  • 10. GHAJINI V. FUDGINI (2005 case)  Facts: The movie ‘Ghajini: Tamil’ released in the year 2005 where the main character suffered from temporary memory loss and was out to get revenge for his wife’s murder. In the year 2008, a Hindi version of Ghajini was released where the character also suffered from short term memory loss and was out for vengeance for his girlfriend’s murder. The only difference was in latter movie, the girl was his girlfriend,  Issue: Whether the copyright of Ghajini: Tamil movie was infringed by the Hindi Version of the movie?  Held: Court held that there were infringement and Interim injunction was ordered.
  • 11. MILAN LUTHRIA V. GULSHAN RAI(2017)  Facts: The movie ‘Baadshaho’ released in the year 2017 and released a song called “Socha Hai”. Before this movie, Deewar released the song ‘Keh doon tumhe’. The producers of Baadshaho had remixed the song ‘Keh Doon Tumhe’ and made a new on one ‘Socha hai’. The defendant claimed that they had remixed the song without their permission and it was infringement of the song.  Issue: Whether the song ‘Socha hai’ lead to infringement of the original song ‘Keh Doon Tumhe.’  Held: Court held that as there were infringement and injunction was ordered. The song was removed from the movie.
  • 12. PHONE BOOTH V. KNOCKOUT  Facts: In Phone Booth, a movie by Twentieth Century Fox, there was hostage in the phone booth having major conversation with the sniper and the story also revolves around extra marital affair. In Sohail Maklai’ Entertainment’s movie Knockout as well, the story revolved around a hostage and the issue revolved around the issue of black money with the zest of extra marital affair. Twentieth Century Fox filed a case against Sohail Miklai for unlawful remake of the movie Phone Booth.  Issue: Whether the copyright of Phone Booth was infringed.  Held: In this case, the court held that it was copyright infringement and awarded damages to Twentieth Century Fox.
  • 13. ORIENT LONGMAN V. INDEREET ANANT 2005 Facts: The defendant reproduced the loose sheets of the author’s work. The defendant contended that it was reproduction of loose sheets and would not lead to infringement. The plaintiff filed a case against the defendant for infringement. Issue: Whether the reproduction of the loose sheets constitute to be an infringement. Held: The court held that it would lead to infringement as it was the work of author’s irrespective of it being loose sheets.
  • 14. PERFORMING RIGHTS SOCIETY VS HAWTHRONS Facts: The performance was open to any member of the public who was prepared to be the guest of the hotel by either staying there or dinning there. Held: Infringement was established, as they tried earning profits by inviting people for stay and dinner through a performance. Profits was earned by defendants. The defendants infringes the copyright when the public performance is made on payment.
  • 15. MACMILLAN & CO. VS K.J COOPER Facts: Plaintiff’s book consisted of selected passages by Plutarch’s life of Alexander the great, joined together by few words to give a different appearance. The book also contained introduction and notes useful for education. A similar book was published by defendants with notes. The original work contained 40,000 words while the defendants had copied 20,000 words and 7000 words in notes. Issue: Whether the defendants work infringed the copyright in the plaintiff’s works? Held: Defendants work infringed the copyright.
  • 16. T-SERIES VS GURUJI.COM  T-SERIES VS GURUJI.COM Facts: T- series is a top music label company and Guruji.com is an indigenously made music search engine founded by two IIT graduates in 2006 • Guruji.com slowly gained popularity as pirated music search engine, it didn’t hold any pirated music but it promoted pirated music through its homepage search results. It was sharing mega data instead of only links. They also displayed ads like Songs.pk • 2008 T-series issued notice to Guruji.com
  • 17. CONTD… Where did the defendant go wrong? They didn’t maintain anonymity, other music piracy websites have servers outside India/ outside Indian’s court purview THE JUDGEMENT •Defendant removed search links for music from its site • Shut down music search site in 2011 • Arrest of Anurag Dod, CEO of Guruji.com • Seizure of servers, storage media and other equipment • Arrest of employees of Guruji.com
  • 18. EXCEPTIONS TO INFRINGEMENT  private use, including research; criticism or review ,  reporting current events in any print media or  by broadcast or in a cinematographic film or by means of photographs,  reproduction for the purpose of a judicial proceeding or  of a report of a judicial proceeding;  the reading or recitation in public,  the publication in a collection,  the making of sound with owner’s consent,  reproduction or publication of a literary, dramatic, musical or artistic work
  • 19. THE DOCTRINE OF FAIR DEALING  The term “fair dealing” has not been defined in the Act. It is a legal doctrine, which allows a person to make limited use of copyrighted work without the permission of the owner.  The fair nature of the dealing depends on the following four factors:  1. the purpose of use  2.the nature of the work  3.the amount of the work used, and  4.the effect of use of the work on the original.  Certain changes were incorporated by way of the Copyright (Amendment) Act, 2012. The existing clause (1)(a) has been amended to provide fair dealing with any work for the purposes of private and personal use with an exception that of a computer programme
  • 20. REMEDIES AVAILABLE FOR INFRINGEMENT  Administrative : include detention of the infringing goods by the customs authorities.  Civil: • Injunction • Pecuniary Remedies • Anton Pillar Orders • Mareva Injunction • Norwich Pharmacal Order
  • 21. REMEDIES AVAILABLE FOR INFRINGEMENT Criminal :Imprisonment up to 3 years but, not less than 6 months  Fine which may not be less than 50,000 but, may extend up to 2,00,000,  Search and seizure of infringing goods,  Delivery of infringing goods to the copyright owner