LAW MEANS LAW

CAN'T CONTROL PIRACY

2012-01-04T01:25:00.000-08:00

AMENDMENT OF THE CABLE TELEVISION NETWORK CAN'T CONTROL PIRACY The government of India is coming with an amendment in the cable Television Network which was introduced in the Lok Sabha. According to the bill there is a mechanism for registration of all cable operators and central government empowers to appoint a registering authority for reviewing or granting

Whether the films need censorship at all

2011-09-28T05:15:00.000-07:00

Petitioner applied to the Board of Film Censors for a ‘U’ certificate for unrestricted exhibition of the film Board had provisionally come to the conclusion that the film was not suitable for unrestricted public exhibition but was suitable for exhibition restricted to adults. He represented Board, board also rejected. He filed appeal, appeal allowed with condition certain cuts. Present Petition

Bad Criminals

2011-09-24T20:14:00.000-07:00

Mohd. Yasin versus State (NCT of Delhi) & ors. reported in (2009)14 SCC 644 Hon’ble Supreme Court observed and held that police and/or investigating agencies cannot torture any criminal despite his bad criminal record......

Bad Criminals

2011-09-24T20:12:00.000-07:00

Prem Chand (Paniwala) versus Union of India & ors. reported in (1981)1 SCC 639 Hon’ble Supreme Court observed and held as under: The provisions of the statute ostensibly have benign purposes and in the context of exclamation of crime may be restrictions which in normal times might appear unreasonable may have to be clamped down on individuals. Fundamental rights are fundamental and personal

COPYRIGHT INFRINGMENT BY HOTEL

2011-09-23T23:12:00.000-07:00

Hon’ble High Court of Delhi in the case of Super Cassette Industries v. Nirulas Corner House (P) Ltd has held as under:(vide order dated 17.3.2008) The copyrights conferred under Section 14 of the Act consist of a bundle of rights. The owner of a copyright is entitled to assign and licence each of those rights separately or in bundles. The bundle of rights could vary in

Harry Potter Trade Mark, WARNER BROS

2011-09-17T19:43:00.000-07:00

Application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure seeking an interim injunction, inter alia, restraining the defendants from releasing the defendants' film under the trademark/title “HARI PUTTAR”. The application has been filed in a suit for permanent injunction restraining infringement of trademarks, passing off, dilution, damages and rendition of

INJUNCTION AGAINST UN-NAMED AND UNDISCLOSED PERSON

2011-09-12T21:00:00.000-07:00

UTV approached Hon’ble High Court of Delhi seeking relief against large scale violation of its copyright in earlier films produced by it by several known and unknown cable operators who telecast pirated version of the films of the plaintiff on cable networks, violating rights of the plaintiff and causing irreparable loss and damage. They invoked the inherent power of the court under Section 151

PERMANENT INJUNCTION AGAINST CABLE NETWORK

2011-09-11T12:33:00.000-07:00

A decree of permanent injunction restraining the Defendant from telecasting or broadcasting on their cable network any cinematograph film, the copyright in which vests in them. They also seek from this Court, a decree directing the Defendant to hand over possession of infringing copies and a decree in their favour for the profits made by the Defendant on the ground that such unauthorized

FAIR DEALING FOR PRIVATE USE COPYRIGHT PROVISIONS NOT APPLY

2011-09-11T06:25:00.000-07:00

Section 52 of the Act provides for certain acts which would not constitute an infringement of copyright. When a fair dealing is made, inter alia, of a literary or dramatic work for the purpose of private use including research and criticism or review, whether of that work or of any other work, the right in terms of the provisions of the said Act cannot be claimed. Thus, if some performance or

COPYRIGHT MATERIAL MEANS

2011-09-11T06:18:00.001-07:00

In the case of Eastern Book Company & ors. vs. D.B. Modak & Anr. [(2008) 1 SCC 1], Hon'ble Supreme Court has held that the Copyright Act is not concerned with the original idea but with the expression of thought. Copyright has nothing to do with originality or literary merit. Copyrighted material is that what is created by the author by his own skill, labour and investment of capital, maybe it

CONSIDER STATUTORY PROVISION

2011-09-11T06:18:00.000-07:00

Decree for injunction is an equitable relief. The courts while passing a decree for permanent injunction would avoid multiplicity of proceedings. The court while passing such a decree, is obligated to consider the statutory provisions governing the same. For the said purpose, it must be noticed as to what is a copyright and in respect of the matters the same cannot be claimed or otherwise the

NO COPYRIGHT IN AN IDEA

2011-09-11T06:17:00.000-07:00

In the case of R.G. Anand vs. M/s Deluxe Films & ors. Hon'ble Supreme Court has emerged the following propositions: There can be no copyright in an idea, subject-matter, themes, plots or historical or legendary facts and violation of the copyright in such cases is confined to the form, manner and arrangement and expression of the idea by the author of the copyrighted work. Where the same

COURT MUST

2011-09-10T01:15:00.000-07:00

In the case of Hubbard vs- Vosper, reported in 1972 (1) All ER 1072 the court must consider the question of proportions, in the case of a copyright infringement action.

STAY ON CENSOR

2011-08-31T08:10:00.000-07:00

Hon’ble High Court of Delhi vide order dated 10.8.2011 has stayed the direction, Judgment and order for manufacturers and/or distributors or sellers of Cinematograph films, which is made by them will before being sold or offered for sale or distributed by them to the public in DVD, VCD or any electronic or other format, be first submitted to the Central Board of Film Certification for

CENSOR MUST

2011-05-01T20:04:00.000-07:00

Hon’ble High Court in the case of Super Cassette Industries Ltd. Versus Central Board of Film Certification alongwith 39 cases has observed and held as under: (a) Once a film is made or produced in a DVD or VCD or any other format and is made available or distributed to the public or offered for sale to the public, it will amount to publication of such film within the meaning of Section

PUBLIC EXHIBITION

2011-04-29T00:16:00.000-07:00

Hon’ble High Court in the case of Balwinder Singh v. Delhi Administration has held that both video and television are cinematograph. Licenses for giving their public exhibition is necessary under the Cinematograph Act in spite of their having commercial licenses for them under the Telegraphs Act.

VIOLATION BY CABLE OPERATORS

2011-04-26T08:16:00.000-07:00

Hon’ble High Court in the case filed by UTV issued summons indicating that it is open to the parties to access the facility of negotiating a settlement with the other side before the Delhi High Court Mediation and Conciliation Centre in the court complex with liberty to the mediator to join any other person(s) considered necessary for effective mediation and dispute resolution without

SECOND COMPLAINT

2010-11-07T06:51:00.000-08:00

Hon'ble Supreme Court in the case of Mahesh Chand vs. Janardhan Reddy has held that Keeping in view the settled legal principles, we are of the opinion that the High Court was not correct in holding that the second complaint was completely barred. It is settled law that there is no statutory bar in filing a second complaint on the same facts. In a case where a previous complaint is dismissed

WITHOUT INVESTIGATION COGNIZANCE

2010-11-07T06:45:00.000-08:00

Hon'ble Supreme Court in the case of Dilawar Singh vs. State of Delhi has held that the clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking cognizance of any offence therein. For the purpose of enabling the

Law on Dhongi Baba

2010-11-04T01:32:00.000-07:00

PIRACY

2010-11-04T01:30:00.000-07:00

Law on Dhongi

2010-11-03T20:53:00.000-07:00

ACTS RELATING TO CABLE

2010-06-04T11:46:00.002-07:00

INTERNET PIRACY

2010-06-04T11:46:00.000-07:00

"Internet piracy is downloading or distribution of unauthorized copies of intellectual property such as movies, television, music, games and software programs via the Internet. Illegal downloads occur in many forms including file sharing networks, pirate servers, websites and hacked computers. Each file posted on the Internet can result in millions of downloads. Hard goods pirates also use the

CABLE OPERATOR

2010-06-04T11:45:00.000-07:00

Law says that every cable operator shall maintain a register in the prescribed form indicating therein in brief the programmes transmitted or re-transmitted through the cable service during a month and such register shall be maintained by the cable operator for a period of one year after the actual transmission or re-transmission of the said programmes.relevant provisions of Cable Television