Other — India Copyright Cases
75 decisions indexed
Page 2 of 3 · 75 total
Karthikeyan And Company v.M/s.New Brilliant Publications
Karthikeyan And Company filed a civil suit against M/s.New Brilliant Publications alleging both copyright infringement and passing off related to their Tamil notes. The plaintiffs sought permanent injunctions, surrender of infringing copies, and damages for the unauthorized reproduction and use of their work. However, the plaintiffs subsequently moved the court seeking permission to withdraw the suit due to changes in school syllabus and the defendant discontinuing active business.
N.Sathish Proprietor Om Tech Plastics v.Mr.C.Murali Kannan
N.Sathish filed a suit seeking permanent injunction and damages against Mr.C.Murali Kannan and others, initially alleging passing off related to plastic taps under the mark 'SIVA'. However, the judgment ultimately focused on copyright infringement claims regarding compilations. The court found that the plaintiff himself had copied material from earlier books, leading to the dismissal of the suit.
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.
Radio Next Webcastion Pvt. Ltd. v.Union Of India And Anr.
Radio Next Webcastion Pvt. Ltd. challenged an administrative order that declined to list its application under Section 31D of the Copyright Act before the Intellectual Property Appellate Board (IPAB). The denial was based on the absence of a dedicated technical member for copyright matters. The Delhi High Court examined whether the IPAB, which is primarily constituted under the Trade Marks Act, could exercise jurisdiction over copyright issues. The court held that due to statutory amendments, the existing Appellate Board has sufficient jurisdiction and can proceed with examining copyright applications despite the temporary vacancy in specialized membership.
Brihan Karan Sugar Syndicate Private Limited v.Karmaveer Shankarrao Kale Shahakari Sakhar Karkhana Limited
This appeal before the Bombay High Court challenged a trial court order that restrained the appellants from using the artistic label 'Military Santra' for selling country liquor. The appellants argued that the respondent-plaintiff had prior knowledge of the label since 2005 and was therefore acquiescent, invalidating the injunction. Furthermore, they contended that their own usage since 1975 established their copyright in the artwork. The High Court allowed the appeal, setting aside the restrictive order and directing the trial court to expedite the disposal of the main Copyright Suit.
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.
The Indian Performing Right Society Ltd. v.Entertainment Network (India) Ltd.
This case involved disputes arising from a license agreement between The Indian Performing Right Society Ltd. (a Copyright Society) and Entertainment Network (India) Ltd. (an FM radio station operator). The core dispute centered on whether the claimant needed a license to broadcast copyrighted musical works, and subsequent claims regarding royalty payments and refunds. The Bombay High Court reviewed the arbitral award, ultimately setting aside one part of it due to lack of jurisdiction while allowing the petition filed by the Copyright Society.
Indian Performing Rights Society Ltd. v.Sanjay Dalia & Anr.
The dispute concerned the proper territorial jurisdiction for filing a suit related to copyright infringement. The appellant (IPRS Ltd.) argued that Section 62 of the Copyright Act conferred a right to file a suit where it carries on business, regardless of the cause of action's location. The Supreme Court ultimately held that while a plaintiff can sue where they carry on business, if the cause of action also arises there, they must file in that place, dismissing the appeals.
Institute For Inner Studies & Ors. v.Charlotte Anderson & Ors.
The plaintiffs, representing the estate of Master Choa Kok Sui, filed suit alleging that defendants were infringing on their copyrights by conducting courses and selling materials related to Pranic Healing. The core dispute centered on whether the techniques themselves or the associated literature were protected under copyright law. The court issued an interim order clarifying that while defendants could perform the techniques without using the plaintiffs' copyrighted material, they were restricted from using the Master's name in a way that suggested unauthorized affiliation.
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.
The Indian Performing Right Society v.Ad Venture Communication India Private Limited
The Indian Performing Right Society (IPRS) filed a suit against Ad Venture Communication India Private Limited for infringing its copyrights. The plaintiff, representing authors and composers, alleged that the defendant organized a live concert where their musical works were communicated to the public without obtaining the requisite license. The court found that the commercial exploitation of copyrighted material without permission constitutes infringement.
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.
The Press Trust Of India Limited v.Navbharat Press (Bhopal Pvt. Ltd.)
The Press Trust Of India Limited filed a suit against Navbharat Press (Bhopal Pvt. Ltd.) alleging unauthorized copying and reproduction of its proprietary news articles in their publications, 'Central Chronicle' and 'Navbharat'. The plaintiff asserted that as the owner of copyright in the content created by its employees, it held exclusive rights to reproduce and disseminate the work. Despite issuing legal notices, the defendants continued the alleged infringement. The court found that the defendants' publications were verbatim copies or colorable imitations of the plaintiff's copyrighted works. Consequently, the Delhi High Court granted a permanent injunction restraining further infringement and awarded punitive damages of Rs. 5 lac to the plaintiff.
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.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.
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.
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.
Surinder Prakash Gupta v.Union Of India & Ors.
This writ petition challenged an order by the Copyright Board that allowed objections filed late against the Petitioner’s application for copyright registration. The core issue revolved around whether a third party could file objections beyond the statutory thirty-day period prescribed under Rule 16(4) of the Copyright Rules, 1958. The Delhi High Court ruled decisively in favor of the Petitioner, holding that there was no provision allowing objections to be filed after the stipulated time limit, thereby setting aside the Board's order and restoring the Registrar’s original decision.
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.
The Indian Performing Right Society Ltd. v.Sanjay Dalia & Anr.
This Delhi High Court judgment addresses a dispute over the proper forum for filing a copyright infringement suit. The Indian Performing Right Society Ltd. challenged the court's order directing them to refile their plaint in Maharashtra, arguing that its presence in Delhi granted it sufficient territorial sway under Section 62 of the Copyright Act. However, the court ultimately held that while Section 62 provides an additional forum, a pragmatic interpretation requires the suit to be filed where the cause of action actually arose.
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.
M/s.Agi Music Sdn Bhd v.Ilaiyaraja
This common judgment addresses intertwined disputes concerning the ownership and commercial exploitation of musical works. M/s. Agi Music Sdn Bhd filed a suit seeking injunctions against alleged infringement of its copyright and violation of prior agreements. Conversely, Ilaiyaraja initiated a separate suit asserting his rights over the compositions. The court examined complex issues surrounding who holds the exclusive right to deal in the sound recordings.
Indian Performing Right Society Ltd. v.Debashis Patnaik And Ors.
The Indian Performing Right Society Ltd. (IPRS), acting as the sole national copyright society, filed a suit alleging that the defendants operated a hotel premises where they were illegally communicating literary and musical works to the public without obtaining necessary licenses or paying royalties. The court found clear infringement of IPRS's performing rights. Consequently, the court decreed the claim in favor of IPRS, granting compensatory damages, punitive damages, and passing a permanent injunction against further unauthorized use of copyrighted music.
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.
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