Copyright Act, 1957, Section 2(k) -- Government work - It is a work which is made or published by or under the direction or control of, amongst others, any Court, Tribunal or other judicial authority in India - By virtue of this definition, the judgments delivered by the Supreme Court is a government work...........
Copyright Act, 1957, Section 17, 51, 63 -- Copyrighted material is that what is created by the author by his skill, labour and investment of capital, maybe it is derivative work - Courts have only to evaluate whether derivative work is not the end-product of skill, labour and capital which is trivial or negligible but substantial - Courts need not go into evaluation of..........
Copyright Act, 1957, Section 52 -- Copyright - Judgments of Courts - Published by one law journal and copied by another law journal - There is no copyright when Editor puts in inputs like, cross citations to the citations already given, added names of cases and cross-citations, inserted citation in case history, presented in their own style the cases when they are cited..........
Copyright Act, 1957, Section 52 -- Copyright - Judgments of Courts - Published by one law journal and copied by another law journal - There is copyright when Editor puts in inputs like (i) segregating the existing paragraphs in the original text by breaking them into separate paragraphs; (ii) adding internal paragraph numbering within a judgment after providing uniform..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Relief - Breaking of - Suit for infringement of trade mark - Court having no jurisdiction in respect of action for passing off - Application filed for amendment of plaint whereby prayer for relief of passing off sought to be deleted - Court can entertain prayer for infringement of trademark and copyright - Segregating relief..........
Indian Penal Code, 1860, Section 420, Copyright Act, 1957, Section 51, 53, 63, 67, Criminal Procedure Code, 1973, Section 320 -- Offence under Ss.51, 53, 63 & 67 Copyright Act and S.420 IPC - Parties compromised - FIR quashed...........
Trade and Merchandise Marks Act, 1958, Section 2(m), Copyright Act, 1957, Section 62 -- Trade mark, copyright and passing off - Jurisdiction - A cause of action for infringement of Copyright and a cause of action for infringement of Trade Mark or a cause of action of passing off is different - If a District Court, where plaintiff resides but where no cause of action..........
Civil Procedure Code, 1908, Section 20(c), Order 7, Rule 11 -- Copyright Act, 1957, Sections 55 and 62 - Territorial jurisdiction - Copy right - Infringement of - Permanent injunction - Suit filed at Delhi as plaintiff carries work and business at Delhi and further there is infringement at Delhi but defendant based in Calcutta - Both the Courts at Calcutta and Delhi would..........
Copyright Act, 1957, Section 46, 48 -- Copyright - Registration is not necessary to claim a copyright...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Supreme Court judgments - No party has a copyright in the judgments of Supreme Court - Defendant is entitled to sell his CD-ROM with the text of the judgment of the Supreme Court alongwith his own headnotes which should not in any way be copy of the headnotes and text of the plaintiffs...........
