property
cannot cut down the copyright of the film qua film. The
exclusive right, otherwise, called copyright, in the' case
of a musical work ... last .
"26. Term of copyright in cinematograph
films. In the case of a cinematograph film,
copyright shall subsist until fifty years from
the beginning
Term of copyright in cinematograph films.—
In the case of a cinematograph film, copyright shall subsist until sixty years from the beginning of the calendar
physical copy of the film itself and not an another film which merely resembles the film.
The making of another film is not included under ... film'. Therefore, if the film has been filmed or shot separately by a person and it resembles the earlier film, the subsequent film
recordings and/or telecast audio visual songs (video/cinematographic
films) from various cinematograph films, the copyright in respect
CS(OS)Nos. 1706/2006 ... cricket match becomes a
cinematograph film, it does not become the film of any underlying
copyrighted work but only of certain events. In the present
very few theatres that exhibit non-vernacular
films. They too screen foreign language films (including English Films) for a short time.
Classics such as Benhur ... Cinematograph Films reads as under:
CS (OS) 1682/2006 Page 12
"(i) Import of cinematograph feature films and other films (including
film on video
published should have protection of copyright. Sub-clause
(4) makes it clear that the copyright in a cinematograph film shall not affect the separate
copyright ... only held that given that the Copyright Act, 1957 saw fit to
grant a separate copyright to a film producer in relation to a film
film copyrights the
acceptance of the arguments of IPRS would lead to 2 different
kinds of copyrights. Whereas, the copyright proprietor of a film ... record. Section 13(4) of the Copyright Act, 1957 prescribed that
copyright in a cinematographic film or a record shall not affect
the separate copyright
Copyright Act deals with the words in which copyright
subsists. The Section provides that copyright shall subsist amongst others in
cinematograph films and sound recording ... owners of the copyrighted works exhibits the film, the film may not have any
copyright at all as a substantial part of the film
physical copy of the film itself and not another film which
merely resembles the film.
The making of another film is not included under section ... film'. Therefore, if the film
has been filmed or shot separately by a person and it
resembles the earlier film, the subsequent film
published should have protection of copyright. Sub-clause
(4) makes it clear that the copyright in a cinematograph film shall not affect the separate
copyright ... only held that given that the Copyright Act, 1957 saw fit to
grant a separate copyright to a film producer in relation to a film