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  • Sect. 7 of the Copyright Act III of 1914
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  • Sect. 7 of the Copyright Act III of 1914
Smart Summary

Factual and Procedural Background

These petitions challenge orders of acquittal of the counter-petitioners for offences under Sect. 7 of the Copyright Act III of 1914. The petitioner published a book of Telugu folklore in two parts in 1906 and 1908 containing 64 tales; the collection, presentation and language were, so far as appears, original. A second edition was published in 1914 as essentially a reprint. In 1925 the counter-petitioners published and sold the same set of tales in almost the same language and order. The petitioner alleged infringement under Sect. 7. The counter-petitioners defended that their publication was a reprint of a book by Ranganatha Rao, that they were unaware of the petitioner’s book (or whether Rao’s book infringed), and that the petitioner had no copyright because the work was not original and because he had not paid a registration fee required under earlier legislation. The lower Court acquitted the counter-petitioners, finding (as gathered) that the petitioner’s work was a prima facie original compilation but concluding that, because of non-payment of the earlier Rs.2 registration fee, the petitioner had no enforceable rights; that finding is attacked in these petitions.

Legal Issues Presented

  1. Whether non-payment of the registration/entry fee under the earlier Acts (Act XX of 1847 as modified by Act XXV of 1867) deprives the petitioner of copyright or of the right to maintain an action under the present Act (Act III of 1914).
  2. Whether the lower Court was correct in concluding that the petitioner’s copyright no longer subsists.
  3. Whether the counter-petitioners committed an offence under Sect. 7 of the Copyright Act III of 1914 by knowingly making for sale and selling infringing copies.
  4. Whether there was a lawful basis to refuse confiscation of the allegedly infringing copies given the findings of the lower Court.

Arguments of the Parties

Petitioner's Arguments

  • The petitioner contended that the counter-petitioners published and sold his book’s tales in substantially the same language and order, thereby committing offences under Sect. 7 of the Copyright Act III of 1914.

Counter-petitioners' Arguments

  • The counter-petitioners asserted their publication was a reprint of a book by Ranganatha Rao and that they were unaware of the petitioner’s book or of any infringement by Rao’s book.
  • They further argued the petitioner had no copyright either because the work was not original or because he had not paid the registration fee required under earlier legislation.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Goubaud and another v. Wallace Adoption of the view (under the English Copyright Act) that failure to register does not wholly deprive one of copyright; the proviso limiting consequences to actions under the repealed Act. The court cited this as supporting the view that omission to register under the earlier Act does not bar an action under the present Act and thus undermines the lower Court's reliance on non-payment of the earlier fee.
Evans v. Morris Referenced by counter-petitioners (no reasons set out in the reported notes). The court noted the reference but observed that no reasons are set out in the notes, implying it was not persuasive on the point.
E. W. Savory, Limited v. The World of Golf, Limited Expresses the view under the Fine Arts Copyright Act that mere failure to register does not deprive an artist of his copyright. The court treated this view as correct and reasonable and used it to support the conclusion that non-payment does not extinguish copyright under the present circumstances.

Court's Reasoning and Analysis

The court found that the lower Court erred by treating non-payment of the Rs.2 fee (relevant to Act XX of 1847/Act XXV of 1867) as depriving the petitioner of copyright under the present Act (Act III of 1914). The court reasoned that the proviso in Sect. 14 of Act XX of 1847 applies only to actions under that Act, and that Act was repealed by Act III of 1914; consequently, the fee-payment procedure under the earlier Acts has no place in the present Act. The petitioner’s copyright, which the lower Court had prima facie found to exist, continues to subsist (at least for his lifetime) under the present Act. Therefore the lower Court should have decided (and did not) two central factual/legal questions: (1) whether the counter-petitioners’ publication infringed the petitioner’s copyright, and (2) if so, whether the infringement was committed knowingly. Because the lower Court proceeded from the erroneous legal premise that the petitioner’s copyright no longer subsisted, its judgment was vitiated and the cases were not fairly heard. The court relied on authorities (Goubaud and E. W. Savory) that support the proposition that failure to register does not extinguish copyright, and noted that the Evans v. Morris authority lacked reasons in its reports.

Holding and Implications

Core ruling: The court reversed the decisions in all four cases and ordered a retrial by the Joint Magistrate of Rajahmundry; the prior order (W.S.S Order) was set aside and the cases were remanded.

Implications: The effect on the parties is that the acquittals are set aside and the matters are to be retried; the question of confiscation of the copies is reopened. The opinion does not describe any broader precedent being established beyond the determination that non-payment under the earlier Acts does not extinguish copyright for proceedings under the present Act.

    Balantrapur Venkatrao Petitioner In All Crl. R Cs. (Complainant In All). v. Valldri Padmanabha Bajd And Others S (Accused).

    These are petitions presented against orders of acquittal of the counter-petitioners in the matter of offences under Sect. 7 of the Copyright Act III of 1914 on the ground that the lower Court has erred seriously in its view of the law.

    The facts necessary for the disposal of these cases are that the petitioner published in 1906 and 1908 in two parts a book of folklore stories in Telugu containing in all 64 tales. So far as appears, the collection and form of presentation of these tales and the language in which they were told was original. In 1914 he published a second edition which was to all intents and purposes a reprint of the first. In 1925, the counter-petitioners published and sold the same set of tales in almost the same language and order. The petitioner contended before the lower Court that they had thereby committed offences under Sect. 7 of the Copyright Act, having infringed his copyright book. The counter-petitioners' defence was that the book published and sold by them was a reprint of a book by one Ranganatha Rao and that they were not aware of the petitioner's book or whether Ranganatha Rao's book was or was not an infringement of the petitioner's copyright. It was also contended that the petitioner had no copyright whatever left in his book, first, because it was not original and second, because he had not paid the registration fee.

    Now on the first point the lower Court has not come to any very definite conclusion, but I gather that it was of opinion that the petitioner's book was an original compilation and therefore prima facie it was a work in which the petitioner possessed copyright. On the second point the lower Court has agreed with the counter-petitioners' argument and that finding is attacked here. The ground on which the finding is based is that, when the first edition of the work was published, the Copyright Act in force was Act XX of 1847, which was to some extent modified or enlarged by Act XXV of 1867. Under the latter Act, Sect. 18, a payment of Rs. 2 was necessary to constitute entry in the Government catalogue of books as entry for the purpose of copyright under Act XX of 1847, Under Sect. 5 of this latter Act the proprietor of a copyright may have his book registered in the Registry Book for a sum of Rs. 2, and under Sect. 14 of that Act:

    “No proprietor of copyright shall maintain, under the provisions of this Act, any action or suit at law or in equity, or any summary proceeding in respect of any infringement of such copyright, unless he shall before commencing such action, suit or proceeding, have caused an entry to be made in the Book of Registry; provided always that the omission to make such entry shall not affect the copyright in any book, nor the right to sue or proceed in respect of the infringement thereof, except the right to sue or proceed in respect of the infringement thereof under the provisions of this Act.”

    It seems perfectly clear from this proviso that it applies only to actions taken under the provisions of that Act. That Act was repealed, by Act III of 1914, and the present action was not taken under the provisions of Act XX of 1847 but under the present Act. I am therefore unable to see how the lower Court can come to the conclusion that the present action is not maintainable because the petitioner has not paid the Rs. 2 which he would have had to pay had Act XX of 1847 still been in force.

    This view is the view adopted in a case under the English Copyright Act reported in Goubaud and another v. Wallace. The counter-petitioners referred me to a case Evans v. Morris, but no reasons are set out in the notes in that case. In a case E. W. Savory, Limited v. The World of Golf, Limited under the allied Fine Arts Copyright Act the view is expressed that mere failure to register does not deprive an artist of his copyright. This appears to me to be a correct and reasonable view. The lower Court seems to think that failure to make the payment deprives the petitioner of his copyright altogether. I should be surprised if the Legislature had laid down any such proposition, and in fact the proviso to Sect. 14 of Act XX of 1847 definitely states the contrary. It is only the right to sue under that Act that is prohibited if the registration fee has not been paid.

    The lower Court has therefore proceeded on a fundamental misconception of the law. This procedure about payment of fees has no place in the present Act, and therefore the only question the lower Court had to consider was whether the counter-petitioners had committed an offence under Sect. 7 of that Act. Under that Act the petitioner's copyright, which the lower Court prima facie found to exist, in him, will still subsist since it enures at least for his lifetime. So the real question for the lower Court was whether the counter-petitioners had knowingly made for sale and sold infringing copies. There are two points here to be decided, on neither of which has the lower Court given any definite pronouncement first whether the petitioner's copyright work has been infringed by the counter-petitioners, and secondly, if so, did the counter-petitioners infringe it knowingly. The lower Court's judgment is vitiated throughout by its mistake of law from which it concludes that petitioner's copyright no longer subsists and therefore the counter-petitioners have not committed any offence. The cases therefore have not been fairly heard and tried.

    It is urged that there is no sufficient ground for setting aside an acquittal. But in a case where the Court has proceeded on a wrong view of the law, and where the matter is, as no doubt it is, of great importance to the petitioner in his position as author of this book, which, if this judgment stands, will be pirated by another who will secure for himself the gains that ought legitimately to go to the petitioner, I think it is necessary that there should be a fresh trial. I therefore order a retrial. In this retrial the matter of confiscating the copies will also be reopened since the whole case is now reopened. The lower Court in refusing to confiscate these copies has rested its order on its erroneous view that the petitioner no longer possesses any copyright which, as I have said, cannot be supported. All the four cases are therefore directed to be sent back for retrial. I reverse the decisions in all the four cases and direct a retrial by the Joint Magistrate of Rajahmundry.

    W.S.SOrder set aside; Case remanded.

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    Balantrapur Venkatra... v. Valldri Padmanabha B...
    (Jul 27, 1927)