BHASKAR BHATTACHARYA
GEE PEE FILMS PVT. LIMITED – Appellant
Versus
PRATIK CHOWDHURY – Respondent
Key Points: - The author of lyrics and composer are authors; copyright ownership typically with them unless contracted under service/apprenticeship (Section 17) (!) . - No contract of service established between plaintiff and defendants; plaintiff not producer of sound recording; no prima facie infringement established (!) (!) (!) . - Court dismissed injunction; interim order vacated; receiver discharged; costs none; final outcome denies plaintiff’s relief (!) (!) .
( 1 ) BY this application the plaintiff has prayed for the following reliefs :-'a) Injunction restraining the defendants and each of them whether by their servants or agents or assigns or otherwise howsoever from manufacturing or marketing or selling any cassette relating to the inlay card being Annexure 'a" hereto or containing any work which is similar and /or identical to the petitioner's work entitled 'tanche Jakhan" and 'tomar Chhoante" in any colourable imitation thereof in any manner whatsoever; b) Injunction restraining the defendants and each of them whether by themselves or by their servants or agents or assigns or otherwise howsoever from infringing the petitioner's copyright in the numbers originally entitled 'tanche Jakhan" and Tomar Chhoante" in any manner whatsoever; (c) An order directing the defendants to deliver up all cassettes, inlay cards, labels,cartoons, packing and publicity material relating to the defendants' 'swapno Bikri Aache" cassette and the inlay card being Annexure 'a" hereto and destruction upon oath of the defendants that the defendants do not have their in control any of the aforesaid infringing materials; d) Injunction r
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