Intellectual Property Rights are legal rights that are granted to a person for any creative and artistic work, for any invention or discovery, or for any literacy work or words, phrases and symbols or design for a stipulated period of time. The owners of Intellectual Property and granted certain exclusive rights through which they use their Property without any disturbance and can prevent the misuse of their property. Intellectual Property is any innovation, commercial or artistic, or any unique name, symbol, logo or design used commercially. In India, intellectual Property is governed under the Patents Act,1970; Trademark Act,1999; Indian Copyright Act,1957; Design Act,2001.
REGISTRATION OF COPYRIGHT
Copyright is automatic once the original work is created and it doesn’t require any formality. However, certificate of registration the entries made therein serve as pragma facile evidence in a court of law with reference to dispute relating to Ownership of Copyright.
Here are no special courts For the purpose of dealing with Copyright cases. The regular court Try these cases which basically lack Knowledge and expertise in the field is Copyright. There is a Copyright board to adjudicate certain cases pertaining to copyright. The government has set up a Copyright Enforcement Advisory council (CEAC) to adjudicate certain matters relating to Copyright.
A Copyright society is a registered collective admiration society. Such a society is formed by Copyright owner as a group. The minimum membership required for registration of a society is Seven. Ordinarily, only one society is registered to do business in respect of the same class of work. A Copyright society can issue or grant license in respect of any work in which Copyright subsists or in a respect of any other right given by the Copyright act.
YRF vs. Sri Sai Ganesh Productions
Fact- Yash Raj Films Pvt Ltd filed a copyright infringement suit against Sri Sai Ganesh Productions &OR’s, alleging that it blatantly copied the movie Band Baja Baarat, which was produced under the YRF banner and produced Jabardasht, and featured substantial and material similarities in terms of theme, concept, plot, character, sketches, storey, script, form, and expression, among other things.
Judgment- The court relied on the Delhi High Court’s decision in MRF Limited v. Metro Tyres Ltd, in which the court held that copyright exists in ‘cinematographic films’ independent of other underlying works that come together to form it, and that there is a requirement of originality to exist in ‘cinematographic films,’ which can be read into from Section 13(1)(b) of the Copyright Act, 1957 through Sections 1-3.
In deciding the second question, the court found that the phrase “to create a copy of the film” as defined in Section 14(d)(i) of the said Act does not simply entail duplicating a physical copy of the film. Furthermore, because the films are protected in the same way that original works are, the court used the R.G Anand v. Deluxe Films test of originality to distinguish between the two films on the basis of’substance, foundation, and kernal,’ and to determine whether an average moviegoer would have an unmistakable impression that one work was a copy of the other. In this instance, the court found that the defendants had openly plagiarised the plaintiff’s film’s fundamental, important, and distinguishing qualities.
The Copyright Act of 1957, as well as the Copyright Rules of 1958 and its revisions, are designed to protect the rights and interests of intellectual property producers and owners, as well as the interests of the general public.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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