SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 Supreme(AP) 555

Andhra Pradesh High Court
Judges : K.RAMASWAMY
K.MARARI - Appellant
Versus
Muppala Ranganayakamma - Respondent
C.C.C.A.No.65/83 etc.
Decided On : 09-25-87
Advocates Appeared :
Mr. S. Parvatha Rao,Mr. M. Chandrasekhara Rao,Mr. N. Ramachandra Rao

Headnote:COPYRIGHT ACT, 1956, Sec. 1, 48, 55 and 63 - Registration of Copyright is not mandatory but optional - Suit for damages for infringement of unregistered Copyright Maintainable - Script writer of a Cinematograph film is liable for infringement of a Copyright of another author - Test to find out infringement of a copyright in a Cinematograph film.

       Held : The registration of a copyright is not a condition precedent for the subsistence of a copyright or acquisition of ownership thereof. The registration is only for the purpose of evidentiary value. Beyond it registration serves no other purpose. The absence thereof does not necessarily entail with denial of the rights engrafted and assured under the Act. Therefore the suit is not liable to be dismissed on that ground.

       If it is found that the script writer who is author thereof infringes the copyright by substantial adaptation of a literary work of another author, certainly he will be a person and an author of an infringing work and thereby he becomes liable for the actions under Sec.55 of the Act. The word person under Sec.63 of the Act is wide enough to include without its fold not only the author of the infringing work but also any person who with the knowledge infringes or abets the infringement of the work, the copyright of which is subsisting under the Act.

       By making a cinematograph film, if a substantial part thereof is infringement of copyright of any other literary work, without assignment or licence, it is an adaptation and offends against Sec.51 and acquires no copyright in the cinematograph film.

       In a Cinematograph film, if a substantial part of the film either of its expression of them, incidents, treatment sequence etc. or their treatment or manner are adopted or reproduced from the original copyrighted work, it would be a piracy infringing the Copyright of the owner thereof. The test is that if a reader or spectator or the person who sees the Cinematograph film and reads the original copyrighted work is clearly of the opinion and gets an unmistakable impression that the Cinematograph film appears to be a copy or adaptation of the Copyrighted literary work, it would be a case of piracy.

       C.C.C.As.,65 &, 87/83 Partly Allowed C.C.C.As., 75 & 77/83 Dismissed

K. RAMA SWAMY, J.

( 1 ) THE suit- O. S. No. 385/80by the respondent gave birth to fourappeals to adjudicate whether plagiarism was committed by the story writer the first defendant/appellant in CCCA 75/81, and Director-cum-Script writer, the second defendant/appellant in CCCA No. 77/83 and the producers-defendants 3 to 5/appellants in CCCA 65/83 was adopted by the producer of the Hindi film7th defendant/appellant in CCCA No. 87/83 by substantially adopting the respondent s novel ide na nyayam (This is my justice) in making~ gorintaku (botanical name henna ) cinematograph film, for short, the picture and mehndi Rang Layegi . The suit against defendants 6 and 8 was dismissed and became final. Since the facts and questions of law are same, they are disposed of by common judgment.

( 2 ) THE respondent has written a novel by name ide Na Nyayam was published initially in yuva Telugu leading monthly magazine became popular and was published in a book form in 1968. It underwent three editions, the last of which was of the year 1975. It is marked as Ex. A-11. She laid the suit for damages for Rs. 50. 000/and for permanent injunction to restrain the appellants from exhibiting the picture and mehndi Rang layegi , complaining that they have infringed her copyrights of the novel, ide na nyayam . The trial Court issued permanent injunction prohibiting exhibition of the picture and mehndi Rang Layegi or to produce ide na nyayam into cinematograph film in any other language infringing the copyright of the respondent; awarded damages jointly and severally of Rs. 30,000/ against the defendants 1 to Sand Rs. 20,000/against the 7th defendant with interest and costs.

( 3 ) THE material facts are these ; The respondent has written ide nanyayam expending considerable thought, labour, skill and novelty exposing the evils in the society with certain characterisations. Thereby she acquired exclusive copyright to her novel The producers (appellants in CCCA 65/83) without assignment by her, substantially adopted the story, sequence of events and treatment, incidents, expressions and produced the picture, with minor variations so as to suit the screen and sentiments of ungoing public. It is nothing but a replica of her novel ide na nyayam . It was released oa october 19, 1979, and was exhibited under the banner yuva Chitra and the source for plagiarism of piracy was attributed to the defendants 1 and 2. It was distributed by the 5th defendant. The picture was exhibited in Shanti theatre at Hyderabad. On seeing the same, some of her acquaintances informed her that gorintaku is nothing but adaptation of her novel. On january 7, 1980, she too saw the film and concluded that the film substantially adopted her novel. Thereafter, she get issued notice, Ex. A-3, on january 28, 1980, calling upon the defendants 1 to 5 to tender an apology for infringing her copyrights and to render an account of the profits derived. Defendants 3 and 4 gave a reply, Ex. A-4, on February 2, 1980, and defendant no-5, under Ex. A-6, of February 12, 1980, stating that the first defendant is the story writer and the second defendant is the script writer which formed the base to make the picture and they denied the piracy or infringement of her copyright. The first defendant gave her reply, Ex. A-5, february 5, 1980, pleading that she is the author of story and she has assigned to the defendants 3 and 4 to produce the picture and she denied piracy. The second defendant refused to receive the notice. The reiterated in their written statement. Seventh defendant, who was subsequently impleaded, has stated that he purchased copyrights in the picture and produced mehndi rang Layegi and he denied his liability. The seventh defendant adopted the written statement of the other defendants. The additional stands taken by the 1st and 7th defendants are that the Court below neither has jurisdiction nor territorial jurisdiction to entertain the suit. The Copyrights Act (Act











































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top