English Copyright Law and the Copyright Law in India (and as laid down by their Lordships) is not much different. There is no copyright ... copyright ?
Why is it that the plot by itself is usually not the subject-matter of a copyright ?
Why is it that identical characters, like
well settled. In cases of infringement either of trade mark or of copyright, normally an injunction must follow. Mere delay in bringing action ... case of the appellant nor could it possibly be that the corporate character is employed for the purpose of committing illegality or defrauding others
copyright infringement suit. These additional reliefs are purely incidental to the main relief of copyright protection.
32. It is further submitted that copyright ... treated as an indivisible whole, and since its dominant character is a copyright action, it is maintainable in its entirety.
34. Relying on Dabur India
comic character. The Phantom, which is well known as 'The Ghost Who Walks'. The Phantom is a fictional character and the copyright ... could be seen which are relevant for deciding the copyright infringements :-
"1. The main character in the defendant's serial is called Betaal
tenable
under Section 63 of the Copyright Act which makes a deliberate infringement
or the abatement of the copyright in a work punishable ... book consisting of an extended passage of text.”
In relation to copyright in characters and titles the learned authors
observed:-
“It is very difficult
overall design. Briefly stated, the use
must be of a character that serves the copyright objective of
stimulating productive thought and public instruction without
excessively ... fair use then, legitimizes the reproduction of a
copyrightable work. Coupled with a limited copyright term, it guarantees not
only a public pool of ideas
copyright in such work has been
infringed.
(4) The copyright in a cinematograph film or a [sound recording] shall not affect
the separate copyright ... case of a work or architecture, copyright shall subsist only in the artistic
character and design and shall not extend to processes or methods
exclusive right granted by copyright law to the
author of a creative work and it allows limited use of
copyrighted material without acquiring permission from ... infringement. These four
factors are:
(i) The purpose and character of the copyright use, including
whether such use is of a commercial nature
Airbus Industrie vs Laura Howell Linton on 9 February, 1994
Equivalent citations: ILR1994KAR1370
JUDGMENT
R
story being told and thus, merit copyright protection.
The various factors indicating that all the aforementioned characters
CS (OS) No.1892/2006 Page ... synopsis showing
that the characters in the impugned film are identical to the
characters in SHOLAY has been filed.
28. The present suit was filed
