Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendants from releasing film - Injunction action can be initiated even after a certificate is issued under Cinematograph Act, as film which is defamatory or indecent or breaches copyright cannot be allowed to be exhibited only because a certificate has been issued...........
Copyright Act, 1957, Section 13(1)(a), 13(1)(c) -- Film Song - Lyrics of song and music work/tunes would be covered u/S.13(1)(a) (literary and musical) and sound recording is separate u/S.13(1)(c) - Two separate and distinct sets of copyright can subsist...........
Copyright Act, 1957, Section 13(4) -- Film Song - Sound recording - Copyright in sound recordings shall not affect separate copyright in any work in respect of which or substantial part of which, film, or as case may be, sound recording is made - Separate copyrights exist for sound recordings and also for literary and musical work...........
Copyright Act, 1957, Section 13(1)(a), 13(1)(c), Civil Procedure Code, 1908, Order 39, Rule 1 -- Film song - Temporary Injunction - Sale of rights of sound recording for purpose of making and selling gramophone records also right to utilise sound tract for purpose of re-recording and subsequent manufacture, issue and sale of gramophone - Held, can at most be termed as..........
Copyright Act, 1957, Section 63, 13, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Infringement of copyright and cheating - Quashing of complaint - Allegations of use of title `Desi Boys' of synopsis of story written by complainant for title of film by appellant - Said title cannot be considered to be literary work and no copyright is..........
Copyright Act, 1957, Section 55 -- Film - Exhibition - Agreement assigning right of exploitation, distribution and exhibition of motion picture - Expression 'exploitation' of film takes in all scientific and technological device that may invent in future - Consequently satellite telecast of said film by some other party - Is violative of terms of agreement - Injunction..........
