JUDGMENT

C.C. Ghose, J. - These are two Rules calling upon the Chief Presidency Magistrate of Calcutta to show pause why the conviction and sentence u/s 7, Indian Copyright Act (Act 3 of 1914), made and passed on the petitioners, should not be set aside on the ground that on the facts there was no infringement of the copyright of the complainant in the pictures referred to herein.

2. The case for the prosecution is that the complainant is the owner, inventor or designer of certain pictures being Exs. 1, 4 and 7, and that the offending pictures, Exs. 13, 14 and 15, are infringements of the copyrights in respect of the original pictures. The Magistrate has, after careful consideration, come to the conclusion that the case for the prosecution is correct, and has accordingly convicted the petitioners, and has sentenced them each to pay a fine of Rs. 100 or in default to suffer simple imprisonment for a period of one month.

3. The complainant alleges that the offending pictures, Exs. 13, 14 and 15, are copies of his said original pictures and that it is immaterial whether the copy in each case is or is not of the same size as the original pictures. Now, what is a copy? A copy has been defi