CiteTEXT
...for communication of the aforesaid literary/musical works to the public have infringed the rights of the plaintiff and are liable under Section 51(a)(i) and 51(a)(ii) of the ...plaintiff. section 51(a)(ii) provides that copyright in a work is deemed to be infringed when any person without a licence granted by the owner of the copyright permits for profi...Companies Act, 1956 and also registered as a Copyright Society under ...
...suit, for interim orders, SCIL argued that MySpace, by using its content without licence or any authority committed infringing activities under Section 51(a)(i) and 51(a)(ii) of ...latter's authority or b) when a person permits any place for profit for infringement of copyright. Interpreting the word “any place” under section 51(a)(ii), the learned Single Judge held that the...otherwise of the said works in the modified form which will lead to permitting the place for profit within the meaning of section 51(a)(ii) of the Act and causes infringement of copyright of the...
...property of the appellant.7. We have drawn the attention of learned counsel to Section 51(a)(ii) of the Copyright Act 1957 which states that ...recording or by way of live performances, so that the mandate of Section 51(a)(ii) of the Copyright Act 1957 is not breached and the duty of due diligence under ...work shall be deemed to be infringed where any person, without a licence granted by the owner of the copyright or the Registrar of Copyrights under the Act or in contravention of the conditions of a...
...defendant Nos.1 to 3 to perform such cultural activities.
5. The learned counsel also brought to the notice of this Court Section 51(a)(ii) of the Copyright Act, 195...literary works or any part of the same takes place, in any form including as part of sound recordings, or doing any other act infringing the plaintiff's copyright in the said works, without obtaining a...regard to the copyright in a work shall be deemed to be infringed which clearly says that, permits for profit any place to be used for the communication of the work to the public where such communication...
...present proceedings. Each of the above said Defendant is liable under Section 51(a)(i) read with section 14(a)(iii) of the Copyright Act, for infringement of th...Companies Act, 1956. The plaintiff is also registered as a Copyright Society under ..., which rights vests with its members who are leading music companies in India. PPL was granted registration under Section 33 of the Indian Copyright Act, 1957, as a Copyright...
...provisions of Order XXXIX, Rule 3, CPC, within three days from receiving the copy of this order.”Section 51(a)(ii) of the Copyright Act,...their infringement of copyrights under Section 51(a)(ii) of the Act, even though, it is exparte on account of absence of respondents No. 2&3. Accordingly, the defendants and/or its officers, servants...has been read out before this Court and the same is reproduced below:-“51(a)(ii) permits for profit any place to be used for the communication of the work to the public where...
..., 'SCIL'). The Division Bench has discussed the scope Section 79 and 81 of the IT Act and Section 51 of the Indian Copyright Act, 1957 (hereinafter, 'Copyright ...and Section 51(a)(ii) of the Copyright Act have to be read harmoniously. Accordingly, it is held that proviso to Section 81 does not preclude the affirmative defence ...copyright owners under Section 51 of the Copyright Act, the Court held as under: -
"47. In this Court's opinion, Section 79 grants a m...
...copyrighted work of the plaintiff without a licence and, therefore, defendants have violated the provisions of Section 51(a)(i) of the Copyright Act as also the provisions of ...Section 52(1)(a)(ii) and Section 52(1)(b)(ii) of the Copyright Act, 1957 (hereinafter referred to as ‘Copyright Act’).3. In this...Rule 11 of the CPC in the absence of cause of action. In that context the court observed that Section 51 speaks of what is infringement of copyright. If a particular act is not an infringement...
...516of the Copyright Act and certain judicial orders, the opening paras 1 to 4 and the concluding paras 10 to 12 of the communication read thus:
"1. We would l...a license from such person, it would constitute copyright infringement within the meaning of Section 51(a)(ii) of the Copyright Act. Para 4 cautions Marriott that, under ...hotels/auditorium/banquet etc. which functions as the venue therefore.
II. Section 51 - Plaintiff cannot be a copyright infringer
...
...sections 51 r/w 63, 52 (a) r/w 68 (a) of copyright act, 1957 (ii) crime no. 97 of 2008 by the ariyamangalam police station under section 292 (...(a) of copyright act, 1957 (iii) crime no. 92 of 2008 by the vpc. , cb. , cid. , under sections 51 r/w 63, 52 (a) r/w 68 (a) of copyright act, 1957 (iv.... 410 of 2008 by gandhi market police station under sections 292 (a) i. P. C. , 51, 52 (a) r/w 68 (a) of copyright act, 1957 and 4 (1) (a) r/w 4 (1 - a...
...the Plaintiff's employees who stayed at the hotel is filed in the present proceedings. Each of the above said Defendant is liable under Section 51(a)(i) read with section 14(a)(iii) of the Act, fo...Companies Act, 1956. The plaintiff is also registered as a Copyright Society under Section 33 of the Copyright ...COPYRIGHT OWNER:8. Under the Act, the Owner of the Copyright in the Literary or Musical Works enjoys a number of rights exclusively. These rights are set out in Section 14(a) of the...
...illegal as per the provision of Section 2(m) read with Section 14(a)(ii) read with explanation read with ...Act. Section 51(a) defines the infringement of copyright which by basically outlining the primary acts of infringement by any person who does the acts which are conferred on the owner of the ...a licensee are not the same as those of the owner.58. Coming back to Section 51(a) of the Copyright ...
...favour and all such acts of rental amount to an act of infringement of copyright under the provisions Section 14(d)(ii) read with section 51 of The Copyright ...whatsoever from the copyright owners. Such acts constitute infringement of copyright under the provisions of Section 14(d)(ii) and Section 51 of the Copyright ...a particular territory outside India, in which cinematograph films the plaintiff claims copyrights, constitutes infringement under Section 51(a)(i) of the Copyright Act, 1957? OPP....
..., which are set out in Section 14 of the Act. Section 51(1)(ii) of the Act stipulates that copyright in a work shall be deemed to be infringed, when any person, without ...literary works’ as contemplated under Section 2(o) and Section 13(1)(a) of the Act. The plaintiff is the owner of the said copyright. A complete list of the software programme owned by the plainti...Section 2(ffc) of the Copyright Act, 1957 and included in the definition of a literary work as per Section 2(o) of the ...
...:
"To summarize the conclusions, it is held as follows
(a) Sections 79 and 81 of the IT Act and Section 51(a)(...are identified by Uniform Resources Locator (URL) it will not constitute knowledge for the purpose of Section 51 (a)
(ii) of Copy Right Act. Therefore, any blanket...specific contention of the learned counsel that the works identified under Section 51(a) (ii) of Copy Rights Act would not only be physical space but it includes virtual space and therefore uploading of...
..., Section 14(d) of the Copyright Act confers upon the copyright owner an exclusive right to communicate the film to the public. Section 2(m) defines i...Indian Performing Right Society Ltd. v. Badal Dhar Chowdhry reported in 2012 (50) PTC 376 (Del.)(DB). It is stated that Section 51(a)(ii) of the ...be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work. Section 62 of the Act provides that a suit for infringement...
...section 14( b)(ii) of the Copyright Act, 1957 right to sell is an exclusive right of the owner of a copyright. As per section 51(b)(...copy of the computer programme, thereby giving a right in the copyright as per sub-clause (ii) of clause ( b) of section....3.65 Present English law on computer programmes under section 3(1) of the Copyright, Designs and Patents Act, 1988, (U.K.) literary work includes a computer programme...
...is a penal offence under the Copyright Act, 1957. This is inaccurate. The offences under the Copyright Act, 1957 are covered inter alia by Sections 63, 63-A, 63-B and 65-...prejudicial distribution, a public exhibition or letting for sale or hire without appropriate permission copyright-protected material. These error pages appear to have confused the penal provisions...regarding obscenity with penalties under the Copyright Act, 1957.2. It is no longer possible to leave it to these ISPs to construct appropriate error pages. I will request Mr. Rodrigues...
...section 51(a)(ii) of the Act as the defendants are doing the infringement with knowledge and also they have a reason to believe that such acts would amount to infringement of copyright....provision of section 51(a)(i) and section 51(a)(ii) of the Act are disjunctive in nature in as much as the word “or” between the two makes it clear that even on satisfaction of o..., the rights of the owners under the Copyright Act, 1957 and/or Patent Act, 1970 shall remain unfettered by any of the provisions of IT Act.64.3 Accordingly, ...
...the above, it is contended that the defendants nos. 1 to 40 are liable for infringement of the plaintiffs' copyright works under Section 51(a)(ii), Section 51(b) and Section ...filed on behalf of the plaintiffs' seeking exemption from advance service to the defendants no. 50 (DOT) and 51 (MEITY) under Section 80 of Civil Procedure Code, 1908 (CPC...).4. In view of the urgent ex parte relief sought, the plaintiffs are granted exemption from requirement of issuing notice to the defendants no. 50 and 51 under Section 80 of CPC...