Search Indian IP Case Law
Judgments of the Supreme Court and the High Courts on patents, trade marks, copyright, designs and geographical indications — organised by Act and section, each with a link to the judgment on the court’s website.
7 results
for “Literary Work”
Cryogas Equipment Private Limited & Anr. v. Inox India Limited & Ors.
Whether an artistic work is a design capable of registration under Section 2(d) of the Designs Act, 2000, so as to lose copyright protection under Section 15(2) of the Copyright Act, 1957 upon industrial reproduction beyond fifty …
Artistic WorkCopyright Design OverlapFunctionalityIndustrial ReproductionCopyrightEastern Book Company & Ors. v. D.B. Modak & Anr.
Copyright in a derivative or compiled work requires the exercise of some minimum degree of creativity through the application of skill and judgment, and not merely labour and capital expended in copying. Inputs that involve only m…
Copyright InfringementLiterary WorkOriginalityPublic DomainCopyrightIndian Performing Right Society Ltd. v. Eastern India Motion Pictures Association & Ors.
Where music or lyrics are composed for a cinematograph film by an engaged composer or lyricist for valuable consideration, the film producer becomes the first owner of copyright in that contribution under Section 17 and thereby ac…
Assignment And LicensingCinematograph FilmCopyright SocietyFirst OwnershipCopyrightKrishika Lulla & Ors. v. Shyam Vithalrao Devkatta & Anr.
The title of a literary, dramatic or cinematographic work, being ordinarily a short combination of common words, is not by itself a work in which copyright can subsist under Section 13(1)(a) of the Copyright Act, 1957, since it la…
Copyright InfringementIdea-Expression DichotomyLiterary WorkOriginalityCopyrightNajma Heptulla v. Orient Longman Ltd. & Ors.
A work of joint authorship under Section 2(z) of the Copyright Act, 1957 arises where the contribution of one author is not distinct from that of another and the two are merged into a single, unitary work; a person who gives indep…
Assignment And LicensingCopyright OwnershipJoint AuthorshipLiterary WorkCopyrightSaregama India Ltd. v. Black Madras Films & Ors.
Copyright in a musical composition is distinct from copyright in the sound recording and cinematograph film in which the composition is incorporated. The composer, as author of the musical work, retains copyright in the musical co…
Assignment of RightsCinematograph FilmComposerLiterary and Musical WorksCopyrightThe Chancellor, Masters and Scholars of the University of Oxford & Ors. v. Rameshwari Photocopy Services & Ors.
The exception under Section 52(1)(i) of the Copyright Act, 1957 for reproduction in the course of instruction is a substantive, purpose-based exception furthering access to education and is not confined by rigid quantitative fair-…
Access To EducationCopyright InfringementEducational ExceptionFair Dealing