respondent is illegally accessing LoopNet's website containing
copyright photographs and database of the petitioners at the
instance of CREXi and is transferring ... prima facie prove that the
respondent has illegally accessed the copyright photographs and
database of the petitioners - company from its website and
(Downloaded
copyrighted
material rather than for the use of copyright. The distinction
between the copyright and copyrighted article has been very
well pointed ... reasoning
inasmuch as the payment was not for use of copyright of
literary database but only for access to the literary database
under limited
copyright
7
or right to use the copyright in the data and accordingly, the payments
made by DJCIPL for accessing the database would not qualify ... database does not receive the right
to exploit the copyright in the database he only enjoys the product in the
normal course of his business
Copyrights Act, 1957, praying for the following:
a. Declaration declaring that the Plaintiffs are the owners of the copyright
in the computer database ... manner infringing and/or enabling others to
infringe the Plaintiffs copyright in the computer database the details a
copy of which
India for
allowing access to the online database is transfer of right to use the copyright, hence,
can be treated as royalty under the India ... online etc. he only gets access to a copyrighted article or
judgment and not the copyright. Similar is the case with the assessee. Therefore
said to have acquired a copyright or the right
to use the copyright in a computer software or database (as described by the
Assessing Officer ... paying for use or right to use the copyright. In other words, when no
copyright is acquired by the payer, question of using
Engineering Analysis Centre Of ... vs The Commissioner Of Income Tax on 2 March, 2021
Equivalent
does not obtain the copyright in the book. Similarly,
the purchaser of the assessee's journals, articles or database access does
not have ... short, the purchaser has not acquired the
copyright of the article or of the database. What the buyer gets is a
copyrighted product, and accordingly
database.
4. The plaint asserts that this database constitutes an original
"literary work" in terms of the Copyright Act, 1957 . Prima facie, this ... Copyright Act, 1957, which reads
thus:
" Section 2(o) : "literary work" includes computer
programmes, tables and compilations including computer
databases
Plaintiff is the absolute owner of the copyright
in respect of the information stored in its database and accessible from ... into
the plaintiff's database over 35 times masquerading as evaluation. But in effect,
committed violation of copyright and lifted the information
