Copyright

Introduction

Copyright protection began with the invention of the printing press, which made it possible to
reproduce books and other written works mechanically instead of copying them by hand.
Because of this, rulers and authorities started giving special rights to people to exclusively
reproduce and distribute these works, and they enforced these rights with fines and confiscations
for violations. As people criticized this system, the Statute of Anne was introduced in 1709,
becoming the first official copyright law. During the 18th century, there were debates about how
common law copyright related to the Statute of Anne. The House of Lords settled this in 1774 by
deciding that authors had exclusive rights to print and publish their works under common law,
but once a work was published; its rights were controlled by the Statute of Anne. This common
law protection for unpublished works continued until the Copyright Act of 1911 replaced the
Statute of Anne.

Copyright is a well-known type of property right that started in common law and later became
regulated by national laws. Originally, copyright gave authors the exclusive right to reproduce
their literary works and stop others from doing so. Even before official copyright laws, there
were legal actions against those who copied literary or artistic works. At first, copyright mainly
applied to literature and the arts, but with technological advancements, its scope has expanded
greatly. Now, copyright law covers not only literary, dramatic, musical, and artistic works but
also sound recordings, films, broadcasts, cable programs, publication layouts, and even computer
programs.

Copyright protects the work of writers, artists, designers, playwrights, musicians, architects, and
creators of sound recordings, films, and software, creating an environment that promotes creative
efforts. This protection motivates creators to produce more and inspires others to start creating.
In India, copyright law is governed by the Copyright Act of 1957, which has been updated
several times, including amendments in 1983, 1984, 1985, 1991, 1992, 1994, 1999, and 2012 to
align with national and international standards. The 1984 amendment included computer
programs as literary works, and the 1994 amendment added a new definition for computer
programs. The reason for this inclusion is that computer programs, like other literary works,
result from intellectual skill.

Meaning of copyright

Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works
and producers of cinematograph films and sound recordings. In fact, it is a bundle of rights
including, inter alia, rights of reproduction, communication to the public, adaptation and
translation of the work. It means the sole right to produce or reproduce the work or any
substantial part thereof in any material form whatsoever (Kartar Singh Giani v. Ladha Singh
& Others AIR 1934 Lah 777).

According to Sec 14 of the act copyright means:-

(a) In the case of a literary, dramatic, or musical work (excluding a computer program):

(i) Reproducing the work in any tangible form, including storing it in any medium via electronic
means;

(ii) Issuing copies of the work to the public, excluding copies already in circulation;
(iii) Publicly performing the work or communicating it to the public;

(iv) Creating any cinematograph film or sound recording based on the work;

(v) Making any translation of the work;

(vi) Making any adaptation of the work;

(Vii) Performing, in relation to a translation or adaptation of the work, any of the actions
specified in sub-clauses (i) to (vi).

(b) In the case of a computer program:

(i) Performing any of the actions specified in clause (a);

(ii) Selling, providing on commercial rental, offering for sale, or offering for commercial rental
any copy of the computer program; provided that commercial rental does not apply to computer
programs where the program itself is not the primary object of the rental.

(c) In the case of an artistic work:

(i) Reproducing the work in any tangible form, including:

(A) Storing it in any medium via electronic or other means;

(B) Depicting a two-dimensional work in three dimensions;

(C) Depicting a three-dimensional work in two dimensions.

(d) In the case of a cinematograph film:

(i) Making a copy of the film, including:

(A) Taking a photograph of any image forming part of it;

(B) Storing it in any medium via electronic or other means;

(ii) Selling, providing on commercial rental, offering for sale, or offering for such rental any
copy of the film;

(iii) Communicating the film to the public.

(e) In the case of a sound recording:

(i) Creating any other sound recording embodying it, including storing it in any medium via
electronic or other means;

(ii) Selling, providing on commercial rental, offering for sale, or offering for such rental any
copy of the sound recording;

(iii) Communicating the sound recording to the public.

Explanation: For the purposes of this section, a copy that has been sold once shall be considered
a copy already in circulation.
The main objective of the Act is to give protection to the owner of the copyright from the
dishonest manufacturers, who try to confuse public and make them believe that the infringed
products are the products of the owner. Further, it wants to discourage the dishonest
manufacturers from enchasing the goodwill of the owner of the copyright, who has established
itself in the market with its own efforts [Hawkins Cookers Ltd. v. Magicook Appliances Co.,
00(2002) DLT698].

In contrast to patents, copyright safeguards the expressions rather than the concepts themselves.
Copyright does not extend to ideas; as stated in the case of M/s Mishra Bandhu Karyalaya &
Others v. Shivaratanlal Koshal AIR 1970 MP 261, Copyright laws protect the specific way
ideas are expressed, but not the ideas themselves. It's possible to achieve the same result through
different methods. The rule is that someone creating a work, where complete originality is not
possible, can use existing works on the topic without being accused of copying, as long as they
put significant mental effort into the material and make substantial changes and improvements to
create something original.

In the case Macmillan and Company Limited v. K. and J. Cooper, AIR 1924 PC 75, it was
stated that "original" doesn't mean something completely new. Copyright laws care more about
how ideas are expressed rather than where they come from. Specifically for written works,
copyright focuses on how thoughts are put into words. The needed originality is about how
thoughts are expressed, not necessarily about creating something entirely new; it just shouldn't
be copied from someone else—it should come from the author. The exact level of effort or skill
required from an author to get copyright protection isn't set in stone. It mostly depends on each
case and how much work the author put into it.

Terms of copyright

Sections 22 to 29 cover the duration of copyright for various types of works, including published
literary, dramatic, musical, and artistic works; anonymous and pseudonymous works;
posthumous works; photographs; cinematograph films; sound recordings; government works;
works of public sector undertakings (PSUs); and works of international organizations.

Copyright protection for literary, dramatic, musical, or artistic works lasts for the author's
lifetime plus an additional 60 years after their death. In cases of joint authorship, where multiple
authors collaborate on a work, the copyright term extends to the author who passes away last.

For posthumous works, anonymous and pseudonymous works, photographs, cinematograph

films, sound recordings, government works, works of public sector undertakings, and works of
international organizations, copyright protection lasts for 60 years from the start of the calendar
year following the year of first publication.

The Copyright (Amendment) Act, 1994, grants broadcasting organizations a special right known
as broadcast reproduction right for their broadcasts, valid for 25 years from the start of the
calendar year following the year of the broadcast. Additionally, under the Copyright
(Amendment) Act, 1999, performers have a special right known as performers' right for their
performances, which lasts for 50 years from the performance date.
 Essential of copyright act, 1957

1. Scope of rights conferred to author

Under section 13 of the Copyright Act 1957, copyright protection is provided to literary works,
musical works, dramatic works, artistic works, and sound recording and cinematograph films.

For example, books, manuscripts, poetry, theses are protected under the Act as literary works.

The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works and
cinematograph films and sound recordings from unauthorized uses. Unlike the case with
patents, copyright protects the expressions and not the ideas.

2. Provisions to determine first ownership

According to Section 17 of the Copyrights Act 1957, the first owner of the copyright is the
author of the work itself. The exception to this rule is the case in which, the employer becomes
the owner of the copyright in circumstances where the employee creates a work in the scope of
her/his employment.

3. Civil and criminal remedies

The civil remedies for copyright infringement are covered under Section 55 of the Copyright Act
of 1957. These civil remedies include damages, injunctions, interpretation of accounts,
destruction and delivery of infringed copies and damages for conversion.

The criminal remedies, for infringement of copyright, are provided under Section 63 of the
Copyright Act 1957. These criminal remedies include imprisonment, fines, search and seizure of
infringing goods, etc. The imprisonment can range up to 3 years but cannot be less than 6 months
and the fine ranges from 50,000 to 2,00,000 rupees.

4. Creation of copyright office and copyright board

The Copyright Act of 1957 includes rules for creating a copyright office, managed by the
Registrar of Copyrights, to register books and other works of art. It also establishes a copyright
board to handle disputes related to copyright. Section 9 of the Act sets up the Copyright Office,
and Section 11 creates the Copyright Board.
5. Provision relating to performing right of or by society

6. Terms of copyright for different categories of work

 Objectives of copyright

The Copyright Act of 1957 in India has dual objectives:

Firstly, it aims to promote progress in science and the arts by rewarding authors for their
creative work. This means giving authors exclusive rights to their writings, music, designs,
artworks, films, and sound recordings. This protection motivates creators to invest their time and
talent in sharing their work with the public.

Secondly, Copyright law helps share knowledge and ideas freely while balancing the rights of
creators and the public. It permits certain uses of copyrighted content without needing
permission, outlining what is acceptable. The goal is to benefit society as a whole while
protecting the creators' efforts and talent.

As underscored in the Sulamangalam R. Jayalakshmi v. Meta Musicals case (2000),

copyright law primarily serves to safeguard creators' works from unauthorized exploitation by
others.

Additional Objectives:

1. Protecting the rights of creators of original works in literature, music, art, films, and
broadcasts.

2. Encouraging the creation of new works by assuring creators that their work will be protected.

3. Ensuring public access to copyrighted works while requiring permission for certain uses to
compensate creators.

4. Promoting the advancement of science and the arts by encouraging the creation of new works
that build on existing knowledge.

5. Balancing the interests of copyright owners and the public through rules like fair use and the
first-sale doctrine.

The Copyright Act of 1957 is key legislation that protects creators' rights, encourages creativity,
ensures access to creative works, and maintains a fair balance between copyright owners and the
public.

Penguin books ltd. vs. India book distributor and ors. AIR 1985 Delhi 29

In the case of Penguin Books accused India Book Distributor of copying and selling their books
without permission. Penguin Books argued that this violated their exclusive rights as copyright
holders. India Book Distributor argued that the books weren't protected by copyright because
they contained works that were already in the public domain.
 The Delhi High Court decided in favor of Penguin Books, saying India Book Distributor had to
stop selling the books without permission and pay damages for the losses caused by the
unauthorized copying. This case shows how important it is to protect the rights of copyright
holders and stop unauthorized copying and selling of their works.

Administration of copyright

1. Copyright office
2. Copyright board
3. Copyright society

1. Copyright office

Section 9 of the Copyright Act requires for establishment of an office to be called the Copyright
Office for the purpose of the Act. The Copyright Office is to be under the immediate control of a
Registrar of Copyrights to be appointed by the Central Government, who would act under the
superintendence and directions of the Central Government.

Registrar and Deputy Registrars of Copyrights

(1) The Central Government has the authority to designate a Registrar of Copyrights and may
also appoint one or more Deputy Registrars of Copyrights.

(2) A Deputy Registrar of Copyrights shall perform, under the oversight and guidance of the
Registrar of Copyrights, the duties assigned by the Registrar under this Act. Any mention of the
Registrar of Copyrights in this Act shall also encompass a Deputy Registrar of Copyrights while
carrying out such duties.

The registrar of copyright will be maintaining and contain the name and title of work and name
and address of author, publisher and owner of copyright and other particulars as may be
prescribed under sec 44 of the act

The registrar has the power to register the work of CR holder on receiver of an application in
prescribed format along with prescribed fees and after holding such enquiry as he/she may
deemed fit

Section 44- Register of Copyrights: A document, termed as the Register of Copyrights, shall be
maintained at the Copyright Office, adhering to the prescribed format. This register will contain
entries such as the names or titles of works, as well as the names and addresses of authors,
publishers, and copyright owners, along with any other details as mandated by regulations.

Section 45 Entries in the Register of Copyrights: (1) The creator, publisher, copyright owner,
or any party with a stake in the copyright of a work may submit an application in the specified
format, along with the requisite fee, to the Registrar of Copyrights. This application is for the
inclusion of work details in the Register of Copyrights. Additionally, for artistic works utilized or
capable of being utilized in conjunction with goods or services, the application must include a
statement to that effect and be accompanied by a certificate from the Registrar of Trade Marks
outlined in section 3 of the Trade Marks Act, 1999 (47 of 1999). This certificate verifies that no
identical or deceptively similar trademark has been registered under that Act in the name of
another party, or that no application for such registration has been filed by anyone other than the
applicant.
(2) Upon receipt of an application for a work under subsection (1), the Registrar of Copyrights
may, following a suitable inquiry, record the particulars of the work in the Register of
Copyrights

2. Copyright board- The Copyright Board, established under Section 11 of the Act, is
empowered by the Central Government and consists of a Chairman and a variable number of
members, not less than two and not more than fourteen. The Chairman must be either a
sitting or retired High Court judge or a person eligible for such appointment. The Registrar of
Copyright serves as the Secretary of the Copyright Board.

The Copyright Board, established under the Copyright Act of 1957, serves several functions:

1. **Dispute Resolution: ** One of its primary functions is to resolve disputes related to

copyright issues. This includes disputes between copyright owners, users of copyrighted
material, and other stakeholders.

2. **Tariff Fixation: ** The Copyright Board determines the royalties or fees to be paid for
the use of copyrighted works in certain circumstances. This involves setting tariffs for
different types of uses, such as public performances, broadcasts, or reproductions.

3. **Compulsory Licensing: ** it oversees the process of granting compulsory licenses for

the use of copyrighted works. In cases where a copyright owner refuses to license their
work, the Copyright Board can intervene and grant a license to another party under certain
conditions.

4. **Copyright Registration: ** The Copyright Board may also be involved in matters

related to copyright registration, although the primary responsibility for copyright
registration lies with the Registrar of Copyrights.

Overall, the Copyright Board plays a crucial role in regulating and administering various
aspects of copyright law to ensure a fair balance between the interests of copyright owners
and the public.

The Copyright Board does not have the authority to restrict the use of copyright to specific
territorial areas. Appeals against Copyright Board decisions, except those under Section 6,
are made to the High Court within the jurisdiction where the appellant resides or conducts
business.

The extent of the Copyright Board's powers was clarified in the case of Shri Urmila
Charan Gupta v. Shri Charushila Sharan Gupta and Sumitra Nandand Gupta 1983
PTC 84. In this case, it was determined that if the Board, in its discretion, chooses to
address the matter of multiple books in a single application, no other party has the right to
challenge its decision.

3. Copyright society- A Copyright Society is a legal organization that protects the interests of
owners of copyrighted works. It guarantees creative authors that their works will be handled
commercially. These societies are formed collectively by authors and other owners of
copyrighted works to safeguard against infringement, as it's challenging for authors and owners
to monitor the use of their works.
As India is part of international conventions, copyright societies in India can collect royalties for
Indian works used in other member countries through agreements with similar societies there.
Joining such a society benefits copyright owners by ensuring proper protection and maximizing
the benefits of their creations.

Authors commonly give permission or license publishers to publish their work in exchange for
royalties. However, this can sometimes result in copyright infringement, which is difficult for
owners to prevent. To solve this issue, copyright owners have created societies to license their
works for public performance or communication, as well as to distribute copies. A "Copyright
Society" is a society registered under Section 33(3) of the Copyright Act, 1956. It's authorized to
handle licensing for copyrighted works such as literary, dramatic, musical, or artistic works in
films or sound recordings.

Nature of applicant interest in the copyright of work

The nature of applicants interested in the copyright of a work varies and can include individuals,
organizations, or entities with a legitimate stake in the creation or ownership of the copyrighted
material. These applicants may fall into several categories:

1. Authors or Creators: The primary applicants for copyright are typically the authors or
creators of the work. These individuals have produced the original content and seek to protect
their intellectual property rights.

2. Publishers: Publishers often play a significant role in the dissemination and

commercialization of copyrighted works. They may apply for copyright on behalf of the authors
they represent or as the owners of publishing rights.

3. Copyright Owners: In cases where copyright ownership has been transferred or assigned, the
new copyright owners may apply for copyright protection. This could include individuals,
companies, or organizations that have acquired the rights through purchase, inheritance, or
contractual agreements.

4. Assignees or Licensees: Individuals or entities who have been granted specific rights to use or
exploit the copyrighted work may also apply for copyright protection, particularly if their rights
extend to reproduction, distribution, or adaptation of the work.

5. Estates or Heirs: In the event of the author's death, their estate or legal heirs may seek
copyright protection to safeguard the author's legacy and ensure continued protection of their
works.

6. Collaborators or Co-authors: In cases where a work has multiple authors or contributors,

each collaborator may have an interest in the copyright and may apply jointly or individually for
copyright protection.

7. Legal Representatives: Individuals or entities acting as legal representatives or agents for the
authors or copyright owners may also apply for copyright protection on their behalf.

Overall, the nature of applicants interested in the copyright of a work can encompass a diverse
range of stakeholders, all seeking to protect their rights and interests in the creative content they
have produced or acquired.
 Evidentiary value of register

The Register of Copyrights serves as a crucial document with significant evidentiary value in
matters related to copyright law. Here's why:

1. Prima Facie Evidence: The information recorded in the Register of Copyrights is taken as
prima facie evidence, meaning it's believed to be true unless proven otherwise. In legal
matters, these entries are assumed to be correct and can be trusted by the courts

2. Proof of Ownership: The Register of Copyrights contains information regarding the

ownership of copyrighted works, including the names of authors, publishers, and copyright
owners. These entries offer clear evidence of the rights connected to the copyrighted
material, assisting in proving ownership during legal disputes.

3. Public Record: The Register of Copyrights is a public record accessible to anyone seeking
information about copyrighted works. Therefore, it offers a clear and trustworthy source of
information about the existence and ownership of copyrights, assisting in thorough
investigations and research.

4. Notice to Third Parties: When copyright is registered, it notifies third parties about the
copyright's existence and ownership. This means people or businesses using copyrighted
works are assumed to know about the copyright and who owns it, which stops potential
claims of innocent infringement.

5. Presumption of Validity: When you register a copyright, it's assumed valid, meaning it
meets all the legal requirements for protection. This helps the copyright holder in legal
battles because the burden of proof shifts to the other party to prove the copyright isn't valid.

6. Enhances Damages and Remedies: If copyright is registered before infringement or within

a certain timeframe after publication, it helps the copyright owner seek statutory damages
and attorney's fees in infringement cases. The Register of Copyrights acts as proof of timely
registration, strengthening the copyright owner's claim for damages and remedies.

Overall, the Register of Copyrights plays a crucial role in the enforcement and protection of
copyright law by providing reliable evidence of ownership, facilitating transparency and due
diligence, and enhancing the legal rights and remedies available to copyright holders.

Infringement of copyright

Copyright infringement refers to the unauthorized use of someone’s copyrighted work. Thus, it is
the use of someone’s copyrighted work without permission thereby infringing certain rights of
the copyright holder, such as the right to reproduce, distribute, display or perform the protected
work.

Section 51 of the Copyright Act specifies when a copyright is infringed. According to Section 51
of the Act, Copyright is deemed to be infringed if:

A person without obtaining the permission of the copyright holder does any act which only the
copyright holder is authorized to do.
 • Someone allows a location to be used for sharing, selling, distributing, or showing a work that
infringes copyright, unless they didn't know or have no reason to think it would violate
copyright.

• Someone brings in copies of a work that infringes copyright from outside the country.

• Someone reproduces a work in any way without getting permission from the copyright holder.

Copyright Infringement examples

 If a person uses someone’s song as background music in his/her music video then he
could be made liable for copyright infringement.
 If a person downloads movies or songs from an unauthorized source then it will amount
to copyright infringement.
A person is free to record a TV program to view it later, but if he transfers or distributes it
to others then it becomes a copyright infringement.

Type of infringement

Copyright infringement can be broadly categorized into two types:

1. Primary Infringement
2. Secondary Infringement
1. Primary Infringement involves directly copying the copyrighted work of the copyright holder.
For instance, photocopying a book and then distributing it for commercial gain.

However, there are instances where only a portion of the work is copied, such as a paragraph
from an article. In such cases, the copyright holder must establish two key factors:

 Substantial Taking: Copyright infringement happens when someone without permission

copies a notable part of a work, such as taking a catchy line from a song's lyrics. Courts
look at how a regular person would see the work, and if it seems like it's copied from
somewhere else, it's considered infringement. Similarities in writing style, language, and
mistakes indicate copying, while small changes by the person who copied it don't cancel
out the claim of infringement.
 Causal Connection: The copyright holder must demonstrate a similarity between their
work and the infringing work. However, this similarity could arise from various factors,
such as both parties using the same research source. In such cases, the copyright holder
cannot claim infringement.
2. Secondary Infringement occurs when copyright work is infringed without direct copying. This
can happen in several ways:
 Providing a Venue for Copyright Infringement: Individuals who offer or allow their
premises to be used for public communication of copyrighted works, leading to
infringement, may be held liable. However, if they are unaware of or have no reason to
believe in the infringement, they cannot be held liable.
It's important to note that the venue must be provided for "profit" to be considered copyright
infringement. Non-profit organizations offering their premises are not liable.

 Sale of Infringing Copies: Selling copies that infringe on the copyright holder's rights
constitutes copyright infringement.
 Distribution of Infringing Copies: Distributing unauthorized copies of copyrighted
works amounts to copyright infringement. For instance, uploading a movie online for free
distribution infringes on copyright.
 Importation of Infringing Copies: Bringing infringing copies of copyrighted works into
India also constitutes copyright infringement. However, importing such copies for
domestic or personal use does not amount to infringement.

YRF vs Sri Sai Ganesh Productions

In this case, YRF sued Sri Sai Ganesh Productions for copying their movie 'Band Baaja
Baaraat' to create 'Jabardasht'. They claimed that 'Jabardasht' shared significant
similarities with their movie in terms of concept, theme, characters, plot, story, script, and
expression, among other things. The court used a test of originality to compare the two
films and determine if one was a copy of the other. They considered the core elements
and how an average movie viewer would perceive them. The court concluded that Sri Sai
Ganesh Productions had clearly copied the essential and distinctive features of the YRF
film, leading to copyright infringement.

Hawkins Cooker Ltd. vs Magicook Appliances

Hawkins Cooker Ltd filed a lawsuit against Magicook Appliances for unlawfully using
their registered label, which they use on their popular line of pressure cookers, under the
Copyright Act, 1957. The court prohibited Magicook Appliances from using the
cookbooks of Hawkins Cooker Ltd. It instructed Magicook Appliances to compensate
Hawkins Cooker Ltd for all the books, products, and items they allegedly used in making
the infringing goods.

In the case of Super Cassettes Industries Limited vs YouTube and Google, SCIL
alleged that YouTube's business model generates significant profits by using copyrighted
content uploaded without permission from the owners and without paying royalties. The
court ruled that YouTube and Google must cease distributing, reproducing, displaying, or
transmitting any audio-visual works exclusively owned by SCIL on their platform.
 Remedies

There are three types of remedies:

1. Civil remedies (sec54- sec60)
2. Criminal remedies (sec63-sec70)
3. Administrative remedies (rule 9 and 10)

1. Civil Remedies
Here are some of the civil remedies provided under the Indian Copyright Act of 1957:

I. Interlocutory Injunctions

The main civil remedy is issuing an interlocutory injunction, as many lawsuits start with a
request for this relief, and most cases don't go beyond this stage.

The owner of the work requests an interlocutory injunction from the court to stop someone from
using their copyrighted literary work.

An injunction can be temporary, lasting until the trial ends or until further orders are given, or it
can be permanent and final.

Interlocutory injunctions aim to immediately and temporarily protect the plaintiff against any
ongoing violation of their rights that can't be fully compensated with money.

To grant an interim injunction, the following conditions must be met:

(1) There must be a strong case,

(2) The plaintiff's situation must be more convenient or favorable, and

(3) The damage caused must be irreparable.

II. Pecuniary Remedies

Sections 55 and 58 of the Copyright Act of 1957 provide monetary remedies for copyright
owners who experience issues with infringement. Damages that the victim has experienced
financially are known as pecuniary damages.

The injured person may pursue the following remedies:

III. Anton Pillar Orders

Orders of this nature are extreme, and they have broad effects. These orders consist of the
following components:

• An order stopping the defendant from getting rid of or selling fake items.

• An order telling the defendant to reveal the names and addresses of suppliers and customers.
 • An order granting the plaintiff's lawyers permission to search the defendant's premises and take
away goods they find there, in other words, allowing the plaintiff's lawyers to search the
defendant's premises.

IV. Mareva Injunction

It's an order that temporarily takes control of a defendant's assets, stopping them from breaking
the judgment by selling them.

V. Norwich Pharmacal Orders

Under these orders, the methods for finding information from third parties are used.

2. Criminal Remedies
Criminal remedies for copyright violation include:

 Punishment through imprisonment that may not be less than 6 months but may extend to 3
years.
 Fines shall not be less than Rs. 50,000 but may extend to Rs. 2,00,000.
 Search and seizure of infringing goods.
 Delivery of infringing goods to the owner of the copyright.
A person who violates the copyright of another person’s work is subject to both criminal and
civil penalties. However, there are several exceptions to copyright infringement, meaning that in
some circumstances, a person may not need the copyright holder’s consent to utilise his work.
Therefore, it is always advisable to create unique content rather than unauthorized use of another
person’s copyrighted work.

3. Administrative Remedy
When infringement happens through importing goods into a country from abroad for sale,
administrative solutions involve asking the Registrar of Copyrights to limit the importation of
infringing copies into India and giving the seized infringing copies to the copyright owner.
R.G. Anand v. M/s. Deluxe Films (1978): This case established the principle of 'copyright
misuse' in Indian copyright law. The court held that the plaintiff, who had wrongfully obtained
copyright of a script, could not enforce the copyright against the defendant, who had created a
substantially similar script independently.
Eastern Book Company v. D.B. Modak (2008): In this case, the Supreme Court clarified the
scope of the fair dealing exception under Indian copyright law. The court held that making
photocopies of judicial judgments for commercial purposes without permission did not constitute
fair dealing.
T-Series v. Lahari Recording Company (2017): This case involved the unauthorized
reproduction and distribution of sound recordings owned by T-Series. The court granted an
injunction against Lahari Recording Company, restraining them from infringing T-Series'
copyrights.
Super Cassettes Industries Ltd. v. Music Broadcast Pvt. Ltd. (2017): In this case, the Delhi
High Court granted an injunction against the defendant for broadcasting copyrighted sound
recordings owned by Super Cassettes Industries Ltd. without authorization.
Tips Industries Ltd. v. Wynk Music Ltd. (2018): This case involved the licensing of music for
digital streaming services. The Bombay High Court held that the defendant, Wynk Music Ltd.,
had to pay royalties to Tips Industries Ltd. for streaming its copyrighted music.