ASSAM AND NAGALAND HIGH COURT
A, J
Gama Prasad Agarwalla v. Nabahash Goswami
| Table of Content |
|---|
| 1. plaintiffs assert copyright ownership of the drama 'piyoli phookan'. (Para 1 , 2 , 3) |
| 2. defendants claim no infringement, asserting original authorship. (Para 4 , 6) |
| 3. legal definition of copyright and infringement outlined. (Para 5 , 12) |
| 4. evidence shows no employment contract or assignment of copyright. (Para 7 , 8 , 9 , 10 , 11 , 13 , 17 , 18) |
| 5. historical context and similarity not sufficient for infringement. (Para 14 , 16 , 19) |
1. This is an appeal by the principal defendants. There is an institution known as the 'Nowgong Natya Samity which is also known as the Nowgong Dramatic Club'. Plaintiff No. 1 was a member and the Chairman of the said institution and plaintiff No. 2 was at the relevant time a member and the General Secretary of the Samity. Plaintiff No. 3 who was also a member of the club, was subsequently added by the order of the District Judge, Lower Assam Districts, Gauhati. The suit has been brought in the representative capacity, the plaintiffs representing all the other members of the club.
The allegation of the plaintiffs is that the Nowgong Natya Samity has been constituted for recreation and amusement to its members and the public and with th
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