WHAT IS COPYRIGHT?

The exclusive right given by law for a certain term of

years to an author, composer etc. (or his assignee)
to print, publish and sell copies of his original work
 WHAT COPYRIGHT PROTECTS

Original Literary, Dramatic, Musical and Artistic Works

Cinematograph Films
Sound Recordings
Novels, poems, short stories
Books on any subject
Computer programmes,
tables, computer
databases
Song lyrics
Programme Manuals
Punched Cards
Magnetic Tapes/Discs
Computer Printouts
Computer Programme
 FOR INSTANCE..

When we order a Mickey Mouse cake for a kid's birthday,

chances are that bakery which makes them could be hauled
up for copyright infringement of Walt Disney's characters.
A couple of years ago, two leading chains, Kids Kemp in
Bangalore and Sheetal in Mumbai, were investigated and
there was an out-of-court settlement, ranging from Rs 5-10
crore, according to sources.

Recently, a wholesaler in Kolkata was arrested for 'importing'

colourful towels with the bright and lively images of Donald
Duck, Minnie Mouse, Pluto or Litte Mermaid. "These towels
come in from China and are sold for about Rs 25 whereas a
genuine Walt Disney licence holder like Bombay Dyeing would
be retailing a similar towel for Rs 250 onwards," says a Delhi-
based investigator specialising in copyright infringement
cases, Hemant Shah.
 CASE : 1
Filed By : Nitin Das who was
running a flourishing chain
of automobile repair
workshops under the name
of Das Auto
Against Whom: Volkswagen
India
Base for Case: Infuriated at
Nitin Dass brand name
being used as Volkswagen
tagline without his prior
permission
 CONTINUE.

Volkswagen found guilty by an Indian for copyright

infringement.
Case Details
Mr. Nitin Das saw the new Volkswagen commercial
on the national television; he decided to take legal
actions against the automobile company in a press
conference his lawyer announce that they have file
a copyright violation case against Volkswagen
India . Volkswagen in a curt reply to the whole
fiasco has said that it was investigating the alleged
copyright violation . It is also said that they have
higher experts from a Max Muller Bhavan, Kolkata to
draft an explanation of the tagline.
 CONTINUE

Mr. Das has demanded a condition less apology

and has asked for immediate removal of all
Volkswagen advertisement. Lawyer K.C.Chaudhary
who is handling Mr. Dass case has said that they
are not averse an out of court settlement. This
settlement is supposed to include servicing for
Volkswagens cars to be given to Das auto only
but future course of action will depend on
Volkswagen reply. Mr. Chaudhary says , adding
that an apology was must . This issue has now got a
political flavour with calling a Bengal Bandh on the
31st of November to support Nitin Das.
 CASE : 2
Filed By: Ritu Kumar
Against Whom: Nina Talukdar
Base of Case: Ritu Kumar won a 9 year case of copyright against
designer Nina Talukdar of Kolkata who had used Kumars
designs , sketches, etc,.
The court held that Ritu Kumars design original and the Kolkata
based designer was order to stop selling their look- alike.
It further said that extensive reputation was enjoyed by Kumars
company.
The following works were infringed: drawing and sketches ,
templates, film tracings , engravings and fabricated garment .
The fabric of kumar bore a distinctive stamp that symbolizes her
creativity . These designs were produced in a limited editions so
as to retain exclusivity .
 CONTINUE

Designs were co-ordinated in a unique way-

Kumars drawings were held to be original and the
possibility if third party arriving at exactly the same
combination of the layout and getup does not arise
as there are myriads of influences in designs which
have been contemporised to suit modern design
needs by her designers.
Therefore , the deceptive similarity between the
Ritus fabric and those of being produced by Nina is
not accidental but deliberate. Ritu Kumar hence
won the suit
 CASE : 3

Khana Khazana is a popular show aired on Zee

Network. It also has a page on Facebook that goes
by the name ZeeKhanaKhazana [hereinafter
referred to as ZKK]. The page is said to be dedicated
to food, and recently we [the community of food
bloggers] found that they are also regularly stealing
photographs from food bloggers and websites for
their features.
When Aparna, Soma, Manisha and Alka, whose
photographs were stolen and featured, complained
and asked Zee Khana Khazana to remove the
photographs that belonged to their blogs, ZKK
apologized saying this was not stealth and that they
were using these images to project a visual appeal of
their recipes to their fans.
 CONTINUE

Sensing the agitation, ZKK, and in some cases

Facebook, removed the posts containing the stolen
photographs. ZKK then made a feeble apology ,
reproduced below:

 Sala Kannan, blogger at Veggie Belly

Alka Keswani, food blogger at Sindhi Rasoi.

 Soma Rathore, blogger
at eCurry Original photograph

Dhivya Karthik, food blogger

at Chef in You Original
photograph
 CASE :4

Filed By: Tahiliani Design Private Ltd

Against Whom: Renu Tandon & Anr.

Case:
Allegation that the Defendants garments
were copies of the garments designed
and crafted by the Plaintiff.
They said garments were supposed to be
developed, designed and crafted by the
plaintiff as a part of their collection for the
year 2006.
 CONTINUE.

The Honble Delhi High Court vide order dated

21.10.2008 granted ex-parte ad-interim injunction

Defendant served notice.

Application for vacation of stay moved claiming

that both designs are separate.

The impugned prints are generic Jamawar Prints

Matter is sub-judice Referred to Mediation

 CASE : 5

Filed By: T- Series

Against Whom: Guruji.com
Case:
Guruji.com violated section 14, 27, 51, 63, 64, 69,79
Guruji.com violated copyright act by posting the
content for downloading , for listening and
providing further links to the copyright content .
 CASE DETAILS

T- Series which stands for Trishul Series as a music label

owned by the company Super Cassette Ltd.(SCIL)one of
the top music labels in India and Guruji.com founded in
2006 by two IIT graduates , a indigenously made search
engine. On July 16, 2008 T-Series issued a notice to
guruji.com. T-series accuses Guruji.com for offering
meta-data (listing and song tags) instead of merely
displaying links. T-Series argued in court that the
Information Technology Act 2008 does not provide
certainT series & Piracy intermediaries and platforms with
safe harbor against any kind of copyright violation
DCMA Act. Guruji.com removed the search links for
music and songs from its site Guruji.com
Shut down its music search site in 2011