that
the petitioner
has validly terminated the Deed for
Transfer of Ownership
of Copyrights in respect of the said films ..Gorilla,,,
"Gabra ... titled as "Border") through Deed ofTransfer of
Ownership of Copyrights dated 4'h September, 2019 are
valid subsisting and binding upon
defendants to incorporate this term of ownership of the copyright in contract, had the copyright vested with the defendants. From the various clauses stipulated ... that all copies declared the international copyright of the plaintiff.
8. If at all the ownership of copyright vests with the defendants, then
claim of ownership in the title
'LOOTERE'. This claim of ownership in the title is apparently
premised on ownership of copyright ... seriously dispute this
aspect. Under Section 13 of the Copyright Act, 1957 (Copyright Act )
copyright subsist in only three classes of works viz. (i) original
copyright. As per Section 51(b)(i) and (ii) of the Copyright Act , unauthorized sale or distribution of the copy infringes owners copyright ... payment for acquisition of partial rights in copyright is royalty, but payment for full ownership of copyright is either capital gain or commercial income
citizen, of India or domiciled in
India. The plaintiff claims ownership of copyright under Section 17 of the
Act, presumably under clause (c) thereof. However ... plaintiff
to disclose identity of the author, to claim ownership of copyright.
35. In my opinion, for this reason alone, there can be no copyright
privilege, which is quite independent of any
material substance. Ownership of copyright in a work is different from the
ownership of the physical material ... 2018 and other appeals
M/s. Tata Consultancy Services Ltd.,
The ownership of copyright in a work is different from the ownership of the
Physical
The Chancellor, Masters & Scholars Of ... vs Rameshwari Photocopy Services & Anr. on 16 September
Page 20 of 43
producers on the other with respect to ownership of copyright in
the literary and the musical works incorporated in the „ Sound ... words „sound
recording‟.
32. Chapter IV of the Copyright Act deals with ownership of
copyright and the rights of the owner. Section 14 stipulates
copyright and each of
such species is a copyright and they do not arise out of such copyright
but they are copyrights itself. He submits ... impugned award,
the original respondent has lost its locus in the ownership of copyright
in sound recording.
44. Learned senior counsel for the original respondent
copyright in all the Source Content. The Licensee undertakes not to
claim any right over or dispute the ownership of copyright of the Licensor ... infringement of copyright. The
said sub-section has been relied upon to show that law under such
circumstances presumes ownership of copyright of Saregama
