infringement of copyright and stipulates that the
‗owner' of the Copyright shall, except as otherwise provided in that Act, be
entitled to all such ... owner of the copyright)
conferring any right comprised in the copyright in a work.
13. Section 61 of the Copyright Act, 1957 also stipulates that
copyright right" and a "copyrighted article". Copyright is
distinct from the material object, copyrighted. Copyright
is an intangible incorporeal right ... licence in
respect of copyright. Copyright or even right to use
copyright is distinguishable from sale consideration paid
for 'copyrighted' article. This sale
entirety of the copyright in the
said musical work as per the provisions of Section 18(2) of the Copyright Act,
1957 and the respondent ... copyright. Our copyright law does not
require compulsory registration of the copyright for availing the benefits and
protection available to the owners under the Act
copyrighted right".
6. The assessee also relied on the definition of "copyright" under Section
14 of the Indian Copyright Act ... copyright license. True, "copyright" is not defined; yet
what works are capable of copyright protection is spelt out in the Copyright
contained in section 20 of the CPC, section 62
of the Copyright Act and section 134 of the Trade Marks
Act, and the object with ... 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
threat‖ within the meaning of Section 60 of the
Copyright Act, 1957.
5. I have enquired from the counsel for the plaintiff ... COPYRIGHT
ACT AND SECTION 142 OF THE TRADE MARKS ACT AND
DECLARATION OF NON-INFRINGEMENT OF COPYRIGHT,
DEFAMATION, DAMAGES ETC."
and has added
copyright is
infringed which for the sake of convenience is reproduced as under:
"CHAPTER XI Infringement of Copyright
51. When copyright infringed. -Copyright ... 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
expression "copyright in any design" used in
Section 15(2) means the copyright as understood under the
Copyright Act , and not under ... Under the Designs Act , a copyright has a different
connotation from a copyright under the Copyright Act .
Under the Designs Act , copyright means the exclusive
plaintiffs have no copyright
in the industrial drawings. It is submitted that by virtue of Section 15 of
Copyright Act, 1957, no copyright exist ... relinquish it's
copyright by dedicating the same in public domain as prescribed under
Section 21 of the Copyright Act
offences punishable under sections 63 and 65 of the Copyright
Act, 1957.
2. The facts of the case are as under:
2.1 The applicants ... liable of
penal action under Sections 63 and 65 of the Copyright Act,
1957.
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