Search Results Page
Search Results
1 - 5 of 5 (1.35 seconds)The Copyright Act, 1957
Fortune Films International vs Dev Anand And Anr. on 14 March, 1978
12. Contending that even though cine artiste performs in a cinematograph film, the copyright of the film would be vested with the producer, the learned counsel placed reliance upon decision of Bombay High Court in FORTUNE FILMS INTERNATIONAL VS. DEV ANAND AND ANOTHER, (AIR 1979 BOMBAY 17). In the said case, the plaintiff was a cine artiste of a Hindi motion picture produced by the 1st defendant. In the agreement, the correspondence exchanged between the parties inter alia provided that the cine artiste would be paid remuneration of Rs.7 lakhs and it was further provided that the copyright in the cine artiste's work in the motion picture was to vest with the Cine artiste till full payment of the agreed amount was made to him. In the said case, as per the terms, the cine artiste claimed the copyright. Negativing the said contention of Cine artiste, after considering the scope of artistic work, the Bombay High Court held that the copyright does not recognise the performance of an actor, which is protected by the Copyright Act. In the said judgment, the Bombay High Court held as under:
Section 2 in The Copyright Act, 1957 [Entire Act]
Indian Performing Right Society Ltd vs Eastern India Motion Pictures ... on 14 March, 1977
In this connection reference may be made to Indian Performing Right Society Ltd. v. Eastern India Motion Picture Association, (1977) 3 SCR 206. In paragraph 21 of the report Krishna Iyer J. in an aside (as expressly indicated in paragraph 20) refers to cinematograph film in the following words:
1