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1958 Supreme(AP) 205

Andhra Pradesh High Court
Judges : JAGMOHAN REDDY, N.KUMARAYYA
V.Errabhadrarao (wrongly described as Veerabhadrayya in decree) - Appellant
Versus
B.N.Sarma - Respondent
Decided On : 12-05-58

A copyright in a book or drawing is only secured if it is an original compilation and has been duly registered according to the provisions of the Act.

Headnote:

COPYRIGHT - ORIGINAL COMPOSITION - REGISTRATION - INFRINGEMENT - REMEDY - COPYRIGHT ACT, 1911 (2 & 3 GEO. 5, C. 46), SECS. 1, 2 - HYDERABAD COPYRIGHT ACT, 1334F, SECS. 3, 8, 12, 20.

Fact of the Case:

Plaintiff alleged that he was the author of the book entitled Hyderabad Pai Police Charya (Police Action Against Hyderabad) and that he had a copyright in respect of the same. He further alleged that the defendants had infringed his copyright by printing and publishing 3000 copies of the said book. The defendants denied that the plaintiff was the author of the book and alleged that it was a translation of the English version of the "police Action Against Hyderabad", the pamphlet "real Face of Hyderabad" and other articles of which the appellants were the authors.

Finding of the Court:

The trial Court held that the book "hyderabad Pai Police Charya" was an original work and not a translation as alleged by the appellants. It was further held that the copyright in the book vested solely in the 1st respondent and consequently, the appellants had no right to transfer the same to the 2nd respondent, that the 1st respondent was entitled to claim damages from the appellants and consequently he is entitled to the price of the said 3000 copies of the book at the rate of Rs. 2-8-0.

Issues: 1. Whether the book in question was an original composition of the 1st respondent wherein he had a copyright? 2. Whether the appellants obtained 900 copies of the said book from the Vani Press appropriating the sale proceeds therelrom amounting to Rs. 2,250/; 3. Whether the appellants in collusion with respondent No. 2 got printed 3000 copies of the same book and obtained a net profit of Rs. 6,000/; 4. Whether the rights pertaining to the book were reserved in Ma-havir Publications and were transferred to the 3rd defendant for Rs. 1000/; 5. Did the appellants bear the initial costs of printing; 6. Whether the name of the 1st respondent as the author of the book was merely fictitious.

Ratio Decidendi: 1. The book "Hyderabad Pai Police Charya" is an original composition of the 1st respondent and not a mere translation of the appellants works. 2. The 1st respondent acquired a copyright in the book at the time when the appellants are alleged to have infringed it. 3. A copyright in a book or drawing is only secured if it is an original compilation and has been duly registered according to the provisions of the Act. 4. The registration of the book is a condition of acquiring a copyright in any work. 5. The infringement of the copyright so registered, which in Urdu is expressed as a theft, can most appropriately be said to be based on the moral principle, as observed by Lord Atkinson in Macmillan and Co. v. Cooper, AIR 1924 PC 75 dealing with Section 2 or the Copyright Act of 1911 as resting on the eighth commandment "thou shalt not steal."

Final Decision: The appeal is partly allowed and the respondents suit is decreed for Rs. 277-10-9 with costs in the lower Court and in this appeal. The appellants will be entitled to proportionate costs in this appeal to the extent of the decree set aside as also in the trial Court. The appellants will also pay the costs of the 2nd respondent, as already stated. The court-fee may be recovered from the plaintiff.

( 1 ) 1. This appeal arises out of a judgment of the City Civil Court decreeing the plaintiffs suit for Rs. 8,250/ with costs against defendants 1 to 3 and directing a permanent injunction restraining them from infringing the copyright of the plaintiff In respect of the Telugu book entitled Hyderabad Pai Police Charya (Police Action Against Hyderabad ). The plaintiff had alleged that he was the author of the said book which, he had written in July 1949 in respect of which he had a copyright, that he had arranged to have 1,000 copies of the same printed in Vani press and had obtained 100 copies; but the remaining 900 copies were obtained from the press by defendants 1 and 2 in collusion with the 3rd defendant who is the proprietor of Sreerama Book. Depot, Secunderabad. Subsequently, it is further alleged, the defendants had got printed 3000 copies of the said book in September 1949 infringing his copyright of the book. The damages claimed were calculated at Rs. 2-8-0 per book for the 900 copies amounting to Rs. 2,250. 00 and at Rs. 2. 00 per book for the 3000 copies amounting to Rs. 6000/. 2. The appellants denied that the first respondent was the author of the book and alleged that it was a translation of the English version of the "police Action Against Hyderabad", the pamphlet "real Face of Hyderabad" and other articles of which the appellants were the authors. The book also contained several other translations entrusted to the 1st respondent as an employee of the appellants. They further contended that the 1st respondent has not acquired any rights in the book and even if he is the author, no copyright was acquired by him; that the appellants had the book printed at their expense at the Vani Press and the amount of Rs. 221. 00 paid by the plaintiff to the Press was paid by him in his capacity as an agent of the appellants. The 1st respondent reiterated in his rejoinder that the book in question was not a mere translation of the English version, but contained much more matter than is contained in the book of which it is said to be a translation, which fact was admitted by the 1st appellant in the preface of the book written by him. 3. The issues raised the questions: (1) whether the book in question was an original composition of the 1st respondent wherein he had a copyright: (2) whether the appellants obtained 900 copies of the said book from the Vani Press appropriating the sale proceeds therelrom amounting to Rs. 2,250/; (3) whether the appellants in collusion with respondent No. 2 got printed 3000 copies of the same book and obtained a net profit of Rs. 6,000/; (4) whether the rights pertaining to the book were reserved in Ma-havir Publications and were transferred to the 3rd defendant for Rs. 1000/; (5) did the appellants bear the initial costs of printing; and (6) whether the name of the 1st respondent as the author of the book was merely fictitious. 4. The trial Court held that the book "hyderabad Pai Police Charya" was an original work and not a translation as alleged by the appellants. As there was no evidence on behalf of the appellants, the books were held to have been sold at the price Rs, 2-8-0 per copy the price printed on the book itself, which amounts were appropriated by the appellants. It was further held that the copyright in the book vested solely in the 1st respondent and consequently, the appellants had no right to transfer the same to the 2nd respondent, that the 1st respondent was entitled to claim damages from the appellants and consequently he is entitled to the price of the said 3000 copies of the book at the rate of Rs. 2-8-0. It was also held that Rs. 221/ alleged to have been paid by the 1st respondent as agent of the appellants was not paid by him in that capacity but was paid on his own behalf, nor is the allegation that the appellants paid for the remainder of 900 copies was proved. 5. After the appeal was filed in the High Court on 10-6-1952 and when the decree was sought to be executed agai
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