Industry Sector

Entertainment — India Copyright Cases

95 decisions indexed

Page 4 of 4 · 95 total

copyright mixed · May 2, 1996

Gramophone Company Of India Limited v.Shanti Films Corporation And Others

Calcutta High Court · 1831603

This case involves a dispute between Gramophone Company Of India Limited and Shanti Films Corporation concerning the rights associated with the film 'SHATRU'. The core issue revolves around an agreement where the producer assigned extensive copyright, performing rights, and exclusive rights to make records of contract works to the company. The court addressed contractual obligations regarding sound track usage and also considered procedural challenges raised by the plaintiff regarding mis-statements about royalty payments in the pleadings.

copyright plaintiff favorable · Feb 21, 1984

Gramophone Company Of India Ltd. v.Birendra Bahadur Pandey & Ors.

Supreme Court of India · 383397

The appellant company suspected that pre-recorded cassettes being imported into India en route to Nepal were unauthorized reproductions of its copyrighted records. The High Court Division Bench held there was no 'importation' because the goods were destined for Nepal, but the Supreme Court ruled that 'import' includes transit across the country. Consequently, the judgment of the Division Bench was set aside.

copyright defendant favorable · Jul 18, 1973

State Of Madras v.A.L.S. Productions

Madras High Court · 1744599

The State of Madras challenged the Sales Tax Appellate Tribunal's finding that contracts between producers (assessees) and advertisers were 'works contracts,' not sales. The dispute centered on whether the production and supply of advertisement films constituted a taxable sale under the Madras General Sales Tax Act, 1959. The court ultimately agreed with the Tribunal, holding that since the advertiser retained ownership and exploitation rights under the Copyright Act, the contract was a service agreement.

copyright plaintiff favorable · Mar 8, 1967

A.V. Meiyappan v.Commissioner Of Commercial Taxes

Madras High Court · 1778527

A film producer challenged assessments made by commercial tax authorities who sought to include payments received for leasing exploitation rights of his films as assessable sales turnover. The petitioner argued that these were not sales of goods but realizations of copyrighted rights, falling outside the scope of the Sales Tax Act. The court ruled in favor of the petitioner, holding that no sales turnover was involved and thus the tax and penalty levies were illegal.

copyright plaintiff favorable · Mar 8, 1967

A.V. Meiyappan v.The Commissioner Of Commercial Taxes

Madras High Court · 922641

A film producer challenged assessments made by the Commercial Taxes Authority, which sought to include payments received from leasing film exploitation rights as taxable sales turnover. The petitioner argued that these were realizations of intangible copyright rights, not sales of goods. The court ruled in favor of the petitioner, holding that since no sale of goods was involved, the tax and penalty levies were illegal.

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