The court emphasized the application of Section 52(1)(m) of the Indian Copyright Act, 1957, which exempts the reproduction of articles on current economic, political, social, or religious topics from constituting an infringement of copyright unless expressly reserved by the author.

Whether re-publication of the works of E.V.Ramasami (Popularly called as Periyar) by the respondents will amount to infringement of copyright of the plaintiff Association represented by its Secretary Mr.K.Veeramani and whether they are entitled to get a temporary injunction against the respondents are the issues involved in this application.

2. Before dealing with the application, it is necessary to briefly set out the circumstances, under which the issue came to this Court and the role played by Periyar in this Country. Periyar who started the newspaper "Kudiyarasu" published various articles, write ups and various things covering political, economical and social things.

3. Periyar is the founder of the Plaintiff society was once an active leader of the Indian National Congress during the colonial days. He broke ranks with Congress in November 1925 when two of his resolutions favouring communal representation for non-Brahmins were disallowed in the Kancheepuram conference of the Tamil Nadu Congress Committee. Thereafter he declared his political credo to be no god, no religion, no Gandhi, no Congress, and no Brahmins. Foretelling his future politics, this credo fused Hinduism, Brahminism, and nationalism as interwoven themes for critique. He founded the Self-Respect Movement in 1926 with the primary objective of advancing a rationalist critique of caste, religion, and mainstream nationalism. (see:-"Kudi Arasu", 2 May 1925; see also "Puratchi", 24 December 1933)

4. In forging a new public which brought together the realm of the everyday and the politics of inferiorized identities, the movement consciously employed a torrent of printed and spoken words. In 1925 Periyar started a journal, Kudi Arasu (Peoples Rule), which was followed in 1928 by Revolt. During the 1930s the colonial government, suspecting Periyar of propagating communism, targeted his journals. Periyar and his sister Kannammal were arrested on 20 December 1933 on charges of sedition for an article published in Kudi Arasu. Periyars refusal to furnish security led to its banning. But he substituted the banned journal with Puratchi (Revolution). E.V.Krishnasamy, his brother, was then arrested on sedition charges on 2 June 1934 for an article published in Puratchi. The latter was then replaced by Pagutharivu (Rationalism) on 26 August 1934. (see: B.S.Chandrababu, Social Protest and Its Impact in Tamilnadu Madras: Emerald Publishers, 1993, pp. 49-54.)

5. The publications of the movement were priced cheap, printed on inexpensive paper, and often distributed free. In a letter written to his Saivite fellow travellor E.M.Subramania Pillai in 1947, Periyar wrote: My publications are priced very low. There is no orderly sale. Most of them are [distributed] free. Therefore it is difficult to work within a business framework. (see: E.S.Muthusamy, Tamilperumpulavar E.M.Subramania Pillai (Chennai: Paari Nilayam, 1984), p.37.)

6. A division Bench of this Court vide its judgment in T.Kannan Vs. Liberty Creations Ltd., rep. By its Producer-cum-Director, Gnanarajasekaran, Chennai and others reported in (2007) 2 MLJ 1015 made a glowing tribute to contribution of Periyar. The following passage found in para 7 may be usefully extract below:-

"7.... Throughout his life, Periyar E.V.Ramasamy worked for the removal of untouchability, eradication of caste system, upholding of the rights of women as a crusader of social justice and spreading of rationalism, self-respect and social revolution. Being a rationalist he exhorted people to imbibe scientific temper and to give up blind beliefs and superstitious practices that were wasteful and harmful. In 1926, he founded the Self-Respect Movement. He believed that religion continues to be vicious system for perpetuation a priestly class or in rationalistic parlance, a Brahminical hegemony and to keep the ignorant masses in fear of God. Hence, he became a crusader against God and religiosity...."

7. The first respondents Presiden