institute a
suit under the Trade Marks Act, 1999 and the Copyright Act, 1957 , as
the case may be, by taking advantage of the provisions ... Act", hereinafter), pari materia
with Section 62(2) of the Copyright Act, which permitted an
infringement suit to be filed where the person instituting
sound recording is a separate work in which
copyright subsists.
10. Section 30 of the Copyright Act entitles the plaintiff, as owner
of copyright ... license from the
plaintiff, constitutes infringement of copyright under Section 51(a)(i)
of the Copyright Act. Permitting a place to be used for profit
licence granted by the owner of the Copyright or the
Registrar of Copyrights under this Act or in contravention of the conditions of a licence ... disputes relating to copyright, and that
no remedy, relating to copyright infringement, can be sought outside
the Copyright Act .
37. Defendant 1 has also sought
copyright. In other words, the copyright society could not
sue for infringement of the copyright. Ergo, the
independent right of the copyright owners ... copyright. -
(1) Where copyright in any work has been infringed, the owner of the copyright shall, except
as otherwise provided by this Act, be entitled
Act, to do or authorise the
doing of certain acts "in respect of a work"11. The copyright act does
not require compulsory ... Copyrights."
76. The usage of word "may" being used for registration of the
copyright shows that the copyright act does not require
licence granted by the owner of the Copyright or the
Registrar of Copyrights under this Act or in contravention of the conditions of a licence ... Copyright (Amendment) Act, 1993 (―the
1993 Amendment Act‖, hereinafter).
60.4.2 The 1993 Amendment Act substantially amended the
Copyright Act . Section 2 replaced the words ―fifty
with the Copyright Office, resulting in exclusive rights, in
respect thereof, vesting in the plaintiff, under Section 14(c) of the
Copyright Act ... Trade Marks Act, 1999 (hereinafter referred to as "the Trade Marks
Act "), Section 62(2) of the Copyright Act, 1957 (hereinafter referred
thus:
(i) The rights available to a copyright holder under Sections
13 and 14 of the Copyright Act were not absolute, but were
subject ... unquestionably its
author for the purposes of copyright, under Section 2(d)(ii) of
the Copyright Act. Similarly, Section 2(d)(v) 17 made
Trademarks Act, 1999 and the
Copyright Act, 1957 , respectively. That case was decided on the
basis of the plea of 'cause of action ... Copyright Act and the Trade
Marks Act provided under the aforesaid provisions.
23. The provisions of Section 62(2) of the Copyright Act and
Section
Act and the Trade Marks Act provided under the
aforesaid provisions."
*****
52. In our opinion, the provisions of Section 62 of the Copyright
Act ... copyright can institute a suit within the Court having jurisdiction either
under Section 62 of the Copyright Act or under Section
