Other — India Copyright Cases
35 decisions indexed
Page 1 of 2 · 35 total
Shilpa Shetty Kundra v.Getoutlive.in & Ors.
Shilpa Shetty Kundra filed an Interim Application alleging that unknown persons used her photographs to generate and circulate obscene, sexually explicit deepfake content created via artificial intelligence. She sought immediate orders to remove all infringing content from online platforms due to the severe damage to her reputation and dignity. The Court passed an interim order directing all defendants to delete the specified URLs and instructing government bodies (MeitY and DoT) to pull down the unlawful content.
Samriddhi Rice Mill Private Limited v.The Controller General Of Patents, Designs and Trade Marks, and Others
The appeal was filed by Samriddhi Rice Mill Private Limited challenging an order passed by the Deputy Registrar of Copy Rights. The respondent argued that only the Delhi High Court had jurisdiction because the Deputy Registrar's office is in New Delhi, citing amendments to the Copyright Act and judicial precedents on forum shopping. The Jharkhand High Court ultimately held that it possesses the necessary territorial jurisdiction to entertain the appeal.
Dr. Nidhi Gulati v.M/s. Repro Books Limited
The plaintiff filed a suit seeking permanent injunction and damages against Repro Books Limited (and Amazon Retail India Pvt. Ltd.) for the unauthorized reproduction and sale of her copyrighted Ph.D thesis, "Construction of Childhood in Cinema," as a book. The court found that Defendant No. 1 infringed upon the exclusive rights of the plaintiff by selling a word-for-word copy without permission or royalty.
R Indira Devi v.G Satyaki
The appeal challenged a trial court judgment regarding copyright infringement and passing off concerning literary works. The plaintiff claimed ownership based on an assignment letter from his father, while the defendant contested the claims. The High Court upheld the trial court's finding that the suit was not barred by limitation.
Dr.S.Vijaya Bharati (Deceased) v.Mr.T.S.Ramalingam (Deceased)
The suit was filed by Dr.S.Vijaya Bharati (Deceased) against Mr.T.S.Ramalingam (Deceased) and others for infringement of copyright concerning the literary work "Amaran Kadhai". After nearly a decade, the parties entered into a compromise agreement.
Shamoil Ahmad Khan v.Falguni Shah And 3 Ors
The plaintiff, a writer, filed a notice of motion seeking temporary injunction against the defendants for telecasting or adapting their web series titled 'Singardaan', claiming both copyright infringement and passing off. The plaintiff alleged that the defendants copied not only the title but also the entire plot and characters from his original story. The court ultimately decided to set aside the request for a full injunction, directing the parties toward trial while imposing interim restraints.
Trustees, Jesus Redeems Ministries v.The Bible Society of India
The plaintiff Trust printed the Holy Bible in Tamil language. The defendant sent a Cease and Desist notice alleging copyright infringement. The plaintiff argued that no existing copyright subsists in the joint authorship work (Bower Version) after the statutory period, and the threat was groundless. The court ruled in favor of the plaintiff.
The Chancellor, Masters & Scholars Of University of Oxford v.Rameshwari Photocopy Services
The dispute concerned Rameshwari Photocopy Services copying and binding pages from copyrighted academic publications (Oxford/Cambridge University Press) for students at Delhi School of Economics. The High Court set aside the previous judgment, finding that triable issues of fact existed regarding the scope of permitted photocopying.
M/s. Innovativ Dezines v.M/s. Wooltop Design Private Limited
M/s. Innovativ Dezines appealed a previous order and decree regarding a suit against M/s. Wooltop Design Private Limited. The appellant sought to set aside the earlier judgment. Ultimately, the senior counsel for the appellant agreed to withdraw the appeal with liberty to raise all pleas on merits in the written statement.
Asha Audio Company And Anr. v.Om Prakash Sonik & Ors.
Asha Audio Company filed a suit seeking royalties from a copyright society (Respondent No. 4), arguing that Section 19(9) and 19(10) entitle authors to equal shares of royalties, even outside cinematographic films. The dispute centered on the re-registration process of the society, where a show cause notice was issued regarding non-payment of royalties, leading the petitioner to seek an interim injunction against disbursement.
Indian Performing Right Society Ltd. v.Aditya Pandey & Ors.
The dispute centered on whether the act of communicating or broadcasting a sound recording constitutes an infringement of the copyrights in the underlying literary (lyrics) and musical works. The court examined the interplay between rights holders of the sound recording versus those holding the copyright in the original composition.
Super Cassetts Industries Ltd. v.Music Broadcast Pvt. Ltd.
Super Cassetts Industries Ltd. appealed against the Delhi High Court's order which held that the Copyright Board could grant an interim compulsory licence under Section 31 of the Copyright Act, 1957. The Supreme Court examined whether such an interim power could be implied by law or if it required express statutory authorization.
M/s.Ajuba Solutions (India) Private Limited v.Mastech Corporation And 2 Others
M/s.Ajuba Solutions (India) Private Limited filed several applications seeking temporary injunctions against Mastech Corporation and others for alleged infringement of copyright, business interference, defamation, and inducement of clients and employees. The court dismissed all the applications, finding that the plaintiff failed to establish a prima facie case or irreparable loss, noting that damages were already claimed.
The Indian Performing Right Society Ltd. v.Mr. Aditya Pandey And Anr.
IPRS filed suits alleging copyright infringement by defendants, including Synergy Media and CRI Events. The dispute centered on the scope of rights held by IPRS regarding public performing rights for literary and musical works versus the rights held by phonographic societies concerning sound recordings. The court issued interim directions clarifying that both IPRS and PPRS licenses are necessary if a performance involves both types of copyrighted material.
The Indian Performing Right Society Ltd. v.Cri Events Private Limited & Ors / Synergy Media
IPRS, a non-profit cooperative body representing authors and composers, filed suits alleging copyright infringement against various defendants (including Cri Events/Synergy Media) regarding the public performance of literary and musical works. The court addressed whether licenses from IPRS and PPRS were required for performances in public events.
Music Broadcast Private Limited v.Indian Performing Right Society Limited
Music Broadcast Private Limited challenged the right of Indian Performing Right Society Limited (IPRS) to demand royalties for broadcasts made by the plaintiff at its FM radio stations. The plaintiff argued that it was legally bound only to pay PPL and acted under a mistaken belief of law when paying IPRS. The court ultimately ruled in favor of the plaintiff on the question of law.
M/S. Sunbeam Exports v.Commissioner Of Customs (Export) Nhava Sheva
M/S. Sunbeam Exports appealed an order where the Commissioner confiscated and imposed penalties on goods (printed books) destined for Nigeria. The seizure was based on the violation of the Copyright Act, 1957, because some books were marked 'For sale in India, Pakistan, Bangladesh, Nepal and Sri Lanka only'.
Mr.S.Vijayaraghavan v.Mrs. Sellappappa Keeran
The applicants sought an interim injunction to prevent the respondent from copying, recording, or publishing works belonging to Late Pulavar Keeran, claiming they had purchased the exclusive rights. The respondent filed a suit asserting her title as owner of the copyright through inheritance. The court examined whether the oral agreement constituted a valid transfer of copyright.
M/S Phonographic Performance Ltd. v.M/S Radio Mid Day (West) India Ltd.
The Appellant (PPL), a non-profit organization administering broadcasting rights, challenged orders passed by the Copyright Board regarding compulsory licensing fees payable by the Respondent (Radio Mid Day). The appeal primarily focused on procedural grievances related to evidence and documentation before the Board. The High Court upheld the preliminary objection that the appeal was not maintainable but partially set aside the Copyright Board's order concerning the admissibility of documents.
Muthooth Finance Ltd. v.The Indian Performing Rights Society Limited
The appeal challenged the Single Judge's order granting an interim injunction sought by The Indian Performing Rights Society Limited (R1). R1 alleged that defendants were infringing copyright by broadcasting recorded songs without obtaining necessary licenses. The High Court upheld the grant of the interim injunction, finding a prima facie case in favor of the plaintiff.
Radio Today Broadcasting Ltd. v.Indian Performing Rights Society Ltd.
RTB challenged IPRS's claim that it held exclusive rights to grant licenses and demand payment for the broadcast of sound recordings. RTB argued that its business was being threatened by IPRS, which claimed copyright over underlying works. The court ultimately granted a quia timet injunction restraining IPRS from initiating proceedings against RTB.
Eastern Book Company & Ors. v.D.B. Modak & Anr.
Eastern Book Company, publisher of the 'Supreme Court Cases' (SCC), sued defendants for infringing its copyright. The appellants argued that their copy-edited version of Supreme Court judgments constituted an original literary work. The High Court initially ruled against them, but the Supreme Court partially allowed the appeals, granting additional relief to protect the unique editorial inputs and headnotes of SCC.
The Academy Of General Education v.Smt. B. Malini Mallya D/O Late Sri B.
The dispute arose when the plaintiff, who inherited copyrights from Dr. Karanth via a will, sued for infringement after the Yakshagana Ballet was staged without permission. The core issue was whether Dr. Karanth had created copyright in his modified form of Yakshagana ('Yaksha Ranga') and its seven associated prasangas. The court ultimately sustained the declaration of exclusive copyright in the seven prasangas vesting with the plaintiff.
Amar Nath Sehgal v.Union Of India (Uoi) And Anr.
Amar Nath Sehgal filed a suit against the Union of India after his bronze mural sculpture, commissioned for Vigyan Bhawan, was pulled down and stored without his permission. The plaintiff argued that this act violated his moral rights as an artist. The court ruled in favor of the plaintiff, granting him full ownership rights to recreate and sell the work, along with damages.
Music Broadcast Pvt. Ltd. v.Phonographic Performance Ltd.
The complainants (radio broadcasting stations) sought a compulsory license from Phonographic Performance Ltd. (PPL) to broadcast its repertoire of sound recordings, as PPL refused to agree on mutually acceptable royalty terms. The Copyright Board ultimately granted the compulsory license and fixed specific rates for royalty payment.
Music Broadcast Pvt. Ltd. v.Phonographic Performance Ltd.
Multiple complainants, including Music Broadcast Pvt. Ltd., sought a compulsory license from Phonographic Performance Ltd. (PPL) to broadcast sound recordings on their radio stations. After failing to reach an agreement on royalty rates, the Copyright Board intervened to determine reasonable compensation.
M/s. ABP Ltd. v.Unknown
M/s. ABP Ltd. applied to register four Bengali font typefaces (Aananda Expanded Italic and others) as artistic works under the Copyright Act, 1957. The Copyright Board ultimately rejected the applications, holding that typeface design does not constitute a work entitled to copyright protection.
Dr. M. Karunanidhi v.T.N. Seshan
Multiple political parties filed suits seeking permanent injunction against T.N. Seshan and Konark Publishers regarding the book 'Seshan - an Intimate Story', alleging defamatory content about prominent figures like C.N. Annadurai and MGR. The core legal dispute revolved around whether the Madras High Court had jurisdiction, given that the defendants resided in Delhi.
M/S. Laxmi Video Theaters And Others v.State Of Haryana And Others
The appeal challenged whether video parlors operating in Haryana using VCRs to show pre-recorded cinematograph films were covered by the Cinematograph Act, 1952. The Supreme Court affirmed that since 'cinematograph' includes any apparatus for the representation of running pictures, the VCR falls within this definition.
Assistant Commissioner Of Income-Tax v.Chittaranjan Datta
The dispute concerned whether payments received by Chittaranjan Datta for assigning his copyright and goodwill in a book were taxable as income. The assessee claimed they were non-taxable capital receipts, while the Income Tax Officer argued they were part of his professional income. The Tribunal confirmed the CIT (Appeals) order.
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