Work in which Copyright subsists. (Can be used for teaching purpose)

1. COPYRIGHT ACT, 1957
Presentation
LLM Commercial Batch (2017-18)
Topic: Subject Matter of Copyright
CMR School Of Legal Studies
By: SHLISHA DEVADIGA AN SHWETA CHOUDHARY

2. MEANING: COPYRIGHT
 COPYING MEANING:
 Something similar or identical.
 Imitating someone.
 COPYRIGHT MEANING:
 Right to copy or authorize others to do an act.

3. DEFINITION: COPYRIGHT
 Section 14 of Copyright defines copyright
“As the exclusive right to do or authorize others to do certain acts in
relation to first literary, dramatic, or musical work, second artistic
work, third cinematography film, fourth sound recording”.
 The primary function of copyright is to protect the fruits of the
man’s work, labour, skill or test from being taken away from other
people.

4. SUBJECT MATTER OF COPYIGHT:
1. Original Literary Dramatic or Musical work
2. Original Artistic work
3. Cinematograph film
4. Sound recording
5. Computer programmes

5. WHO IS AN AUTHOR
1. Original Literary and Dramatic : AUTHOR
2. Musical Work: COMPOSER
3. Original Artistic work: ARTIST
4. Cinematograph film : PRODUCER
5. Sound recording: PRODUCER
6. Computer programmes: PROGRAMMER

6. ORIGINAL LITERARY, DRAMATIC OR MUSICAL
WORK
1. Original Literary Work
Case: Gleeson vs Deene
Facts: “X” works hard enough walking down the streets, taking down
the names of the people who live at houses and makes a street
directory as a result of that labour.
Issue: Whether X was entitled to copyright of the street directory
what he made?
Held: Yes, as it’s a result of his hard work X is entitled for copyright.

7. CONTD
Case: University of London vs University of Tutorial press
Facts: Examination question papers were set by “A”.
Issues: Whether A is entitled to copyright of that work??
Held: Yes, since A invests labour and skill in preparing the
examination question paper. Such person is a author of question
paper and the copyright would vest in him.

8. CONTD
Case: Zee Telefilms vs Sundial Communications
Facts: A had prepared concept notes for the purpose of
television film which consist of characters, plots, notes and
sketches etc.
Issues: Whether A is entitled to copyright of those concept
notes?
Held: Yes, since A invests labour and skill in preparing the
concept paper. Such person is entitled for copyright.

9. Wadia Movie Tone Pvt Ltd vs Vishal Bharadwaj &
Ors (2017)

10. COPYRIGHT OF LITERARY WORK CAN BE
IN FORM OF:
Adaptation
Abridgement
Translation

11. Contd….COPYRIGHT OF LITERARY WORK
CAN BE IN FORM OF:
Case: Macmillan & Co. vs K.J Cooper
Facts: Plaintiff’s book consisted of selected passages by Plutarch’s life of Alexander
the great, joined together by few words to give a different appearance. The book
also contained introduction and notes useful for education. A similar book was
published by defendants with notes. The original work contained 40,000 words
while the defendants had copied 20,000 words and 7000 words in notes.
Issue: Whether the defendants work infringed the copyright in the plaintiff’s
works?
Held: Defendants work infringed the copyright.

12. Contd….COPYRIGHT OF LITERARY WORK
CAN BE IN FORM OF:
Case: Blackwood vs Parasurama
Held: It was held that translation in any literary work is entitled to
copyright protection if sufficient skill and labour has been invested
in it.

13. ORIGINAL DRAMATIC WORK:
Case: Creation Records vs New Group Newspaper
Held: It was held that a photograph which involves no
movement or action cannot be treated as dramatic work.
Copyright of Dramatic work can in form of:
Adaption of Dramatic work:
Adaptation work means modification
of that work in some other form.

14. CONTD….ORIGINAL DRAMATIC WORK:
Case: Academy of General Education Manipal v. Malini Mallya
Court shows clear difference between literary and dramatic work.
The difference rests on the fact between the two rests on the fact
that literary work allows itself to be read while a dramatic work
“forms the text upon which the performance of the plays rests.” A
dance performance will not be covered under copyright work but
under dramatic work.

15. ORIGINAL MUSICAL WORK:
Famous song “Yaaram” which is written by Gulzar and composed
by Vishal Bharadwaj.
The copyright of the lyrics will belong to Gulzar and musical
composition will that be of the composer Vishal Bharadwaj.

16. CONTD: ORIGINAL MUSICAL WORK:
Case: Performing Rights Society vs Hawthrons
Facts: The performance was open to any member of the public who
was prepared to be the guest of the hotel by either staying there or
dinning there.
Held: Infringement was established, as they tried earning profits by
inviting people for stay and dinner through a performance. Profits
was earned by defendants. The defendants infringes the copyright
when the public performance is made on payment.

17. 2. ORIGINAL ARTISTIC WORK:
Case: Associated publishers vs Bashyam
Facts: A portrait of Mahatma Gandhi was made based on two photographs.
Held: A portrait based on photographs will be entitled to copyright if it
produced a result from the photograph and the portrait itself is original.
Example: A photographer took a photograph of a painting of MF Hussain,
then paints the same himself and sells such copies painted by him.
Held: A copyright in a painting is infringed when a person copies from the
original painting or a picture of painting.

18. CONTD…..2. ORIGINAL ARTISTIC WORK
If a building similar to the lotus temple in Delhi is made by any other
architect, it would be infringement of copyright of the architect who
made the plan for the lotus temple.

19. 3. CINEMATOGRAPH FILM
Case: R.G. Anand vs Delux Films
Facts: Plaintiff was a producer and play writer of play ‘Hum Hindustani’. The
plaintiff tried to consider the possibility of filming and narrated the play to
defendant. The defendant, without informing the plaintiff, made the picture ‘New
Delhi’ which was alleged to be based on the said play.
Issue: Whether the film ‘New Delhi’ was an infringement of the plaintiff’s copyright
in play ‘Hum Hindustani’?
Held: No, because the stories were different only the theme “love story” was
same.

20. CONTD…..3. CINEMATOGRAPH FILM
Case: Balwinder Singh vs Delhi Administration
Held: The concept of cinematograph is not only limited to movies being
played in theater it also covers videos and television, they both fall under the
preview of cinematograph film.
Level of Originality:
A television report or documentary may be based upon a live incidents or a
newspaper report, thus the act does not prescribe any specified level of
originality in the cinematographic film.

21. CONTD…..3. CINEMATOGRAPH FILM
Case: Balwinder Singh vs Delhi Administration
Held: The concept of cinematograph is not only limited to movies being
played in theater it also covers videos and television, they both fall under the
preview of cinematograph film.
Level of Originality:
A television report or documentary may be based upon a live incidents or a
newspaper report, thus the act does not prescribe any specified level of
originality in the cinematographic film.

22. 4. SOUND RECORDING
Case: Gramophone Co. India vs Super Cassette Industries
Facts: ‘G.co’, Plaintiff, produced audio records titled ‘Hum
Aapke Hain Kaun’ by Rajashree production ltd, who were the
owners of cinematographic work. They had already sold 55
lakhs audio cassettes and 40,000 compact discs titled ‘Hum
Aapke Hain Kaun’. The defendants too launched an audio
cassette by adopting same title with it’s design, colour scheme,
get up and layout deceptively similar. Permanent Injunction
soughted.
Held: Injunction varied by stipulating not to use same title,
design colour scheme etc with bold letters the record is version
of different artists.

23. 5: COMPUTER PROGRAMMES
It means a set of instructions expressed in words, codes.
Schemes or any other form, including a machine readable
medium, capable of causing a computer to perform a
particular tasks to achieve a particular result.
Example: Whatsapp, Flipkart etc.

24. THANKYOU