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Karanth has made substantial changes in the original traditional form of the Yakshagana dance ARG |
Additions made in the form of the said dance including the Prasangas fell within the purview of 'originality' in respect whereof copyright could be claimed ARG |
It was,however,urged ARG |
i) Keeping in view of the findings of the learned trial judge,it ought to have been held that no cause of action arose against the appellants in this case as the Institution had performed the said dance at New Delhi in the memory of Dr ARG |
Karanth without charging any fees ARG |
ii Ratio |
The form of copyright as regards dramatic work as has been held by the High Court stating the same to be a part of the literary work is not correct as they connote two different things ARG |
iii Ratio |
The form of injunction granted in favour of the plaintiff -respondent is not in terms of the provisions of the Copyright Act,1957 as the appellant as an institution or otherwise is entitled to use the same in terms of clauses (a),(i) and (l) of sub-Section (1) of Section 52 thereof ARG |
Mr ARG |
G.V.Chandrashekhar,learned counsel appearing on behalf of the respondent,on the other hand,would support the impugned judgment ARG |
The Copyright Act,1957 (for short,"the Act") was enacted to amend and consolidate the law relating to copyright STA |
Section 2 is the interpretation section STA |
Section 2(c) defines 'artistic work' to mean (i) a painting,a sculpture,a drawing (including a diagram,map,chart or plan),an engraving or a photograph,whether or not any such work possesses artistic quality STA |
ii) a work of architecture; and (iii) any other work of artistic craftsmanship STA |
The word 'author' is defined in Section 2(d) to mean,(i) in relation to a literary or dramatic work,the author of the work; (ii) in relation to a musical work,the composer; (iii) in relation to an artistic work other than a photograph,the artist; (iv) in relation to a photograph,the person taking the photograph; (v) in... |
The term "communication to the public" as defined in Section 2(ff) reads as under: "(ff) "communication to the public" means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of wheth... |
Explanation STA |
For the purposes of this clause,communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public" Section 2 (ffa) defines the word "composer",in ... |
Section 2(h) defines "dramatic work" to include any piece of recitation,choreographic work or entertainment in dumb show,the scenic arrangement or acting,form of which is fixed in writing or otherwise but does not include a cinematograph film STA |
Section 2(o) defines "literary work" to include computer programmes,tables and compilations including computer databases STA |
Section 2(qq) defines "performer" to include an actor,singer,musician,dancer,acrobat,juggler,conjurer,snake charmer,a person delivering a lecture or any other person who makes a performance STA |
Section 2(y) defines "work" to mean any of the following works,namely:- (i) a literary,dramatic,musical or artistic work; (ii) a cinematograph film; (iii) a sound recording STA |
Section 13 which occurs in Chapter III of the Act provides that subject to the provisions thereof and the other provisions of the said Act,copyright shall subsists throughout India in the following classes of works,that is to say,- (a) original literary,dramatic,musical and artistic works; (b) cinematograph films; and ... |
Section 17 of the Act deals with "First owner of copyright",in terms whereof,subject to the provisions of the Act,the author of a work shall be the owner of the copyright therein STA |
Proviso (d) appended thereto states that in the case of a Government work,Government shall,in the absence of any agreement to the contrary,be the first owner of the copyright therein STA |
Sections 22,23 and 52(1)(a),(i) and (l) of the Act,which are relevant for our purpose read as under STA |
22 Term of copyright in published literary,dramatic,musical and artistic works STA |
Except as otherwise hereinafter provided,copyright shall subsist in any literary,dramatic,musical or artistic work (other than a photograph) published within the life time of the author until fifty years from the beginning of the calendar year following the year in which the author dies STA |
Explanation-In this section,the reference to the author shall in the case of a work of joint authorship,be construed as a reference to the author who dies last STA |
23 -Term of copyright in anonymous and pseudonymous works.-(1 STA |
In the case of a literary,dramatic,musical or artistic work (other than a photograph),which is published anonymously or pseudonymously,copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published STA |
Provided that where the identity of the author is disclosed before the expiry of the said period,copyright shall subsist until sixty years from the beginning of the calendar year following the year in which the author dies STA |
In sub-section (1),references to the author shall,in the case of an anonymous work of joint authorship,be construed STA |
a) where the identity of the authors is disclosed,as references to that author STA |
b) where the identity of more authors than one is disclosed,as references to the author who dies last from amongst such authors STA |
In sub-section (1),references to the author shall,in the case of a pseudonymous work of joint authorship,be construed STA |
a) where the names of one or more (but not all) of the authors arc pseudonymous and his or their identity is not disclosed,as references to the author whose name is not a pseudonym,or,if the names of two or more of the authors are not pseudonyms,as references to such of those authors who dies last; (b) where the names ... |
For the purposes of this section,the identity of an author shall be deemed to have been disclosed,if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Copyright Board by that author STA |
Certain acts not to be infringement of copyright.-(1 STA |
The following acts shall not constitute an infringement of copyright,namely:- (a) a fair dealing with a literary,dramatic,musical or artistic work not being a computer programme for the purpose of-(i STA |
Private use including research; (ii) criticism or review,whether of that work or of any other work; xxx xxx xxx (i) the performance,in the course of the Activities of an educational institution,of a literary,dramatic or musical work by the staff and student of the institution,or of a cinematograph film or a sound recor... |
l STA |
the performance of a literary,dramatic or musical work by an amateur club or society,if the performance is given to a non-paying audience,or for the benefit of a religious institution STA |
Before adverting to the submissions made by the learned counsel for the parties,we may notice the issues framed in the suit,which are: "(i) Does plaintiff prove that late Dr Ratio |
Shivaramaji Karanth had acquired copyright in respect of seven Yakshagana Prasangas and also in respect of Yakshagana dramatic or theatrical form i.e.,Bhishma Ratio |
Vijaya,Nala Damayanthi,Kanakaangti or Kanakangi Kalyana,Abhimanyu or Abhimanyu Vadha,Chitrangadha or Babruvahana Kalaga,Panchavati Chritha followed in the plaint Ratio |
Has the plaintiff became entitled to the said right under the Registered Will dated 18.06.1994 Ratio |
Does the plaintiff prove that her right under the said Will was infringed by the defendants Ratio |
Indisputably,in view of the submissions made at the bar,respondent had acquired copyright in respect of seven Yakshagana Prasangas as also in respect of Yakshagana dramatic or theatrical form as a residuary legatee in terms of clause 12 of the Will dated 18.6.1994 RLC |
However,we may notice that whereas the trial court has proceeded on the basis that clause 12 of the Will shall apply in the instant case,the High Court opined that clause 11 thereof is attracted,stating: "No doubt,by reading para-12 of the 'Will' in isolation,one can certainly arrive at the conclusion that the bequest ... |
But,that is not all,in the 'Will'-Ex RLC |
P-1.I have already referred to para No.11 of the 'Will' while dealing with the topic dramatic works vis-'-vis literary work and therefore if the 'Will' is read in its entirety and if we take into account,the benefits that flow from the bequest made by Dr RLC |
Karanth in favour of the plaintiff,it is not as if the plaintiff received the bequest only in respect of the things which form the residuary as mentioned in para-12 of the 'Will' but the plaintiff also was given the copyrights in respect of literary works and all books as well as the right to print,republished and mark... |
Referring to the new Encyclopaedia Britannica and Halsbury's Laws of England,that a literary work with dramatic elements in it would also be literary work,the High Court observed: "Dramatic works also could contain in its,passages of great literary taste,as in the case of great plays of William Shakespear RLC |
Therefore,the main classification as literary work and dramatic work cannot be construed to mean that dramatic work has nothing to do with literary work RLC |
The only difference I see in them is that the dramatic work (Plays) forms the text upon which the performance of the plays rests whereas a 'literary work' enables one to read the printed words RLC |
Neither of the two can be produced without the imaginative skill of the author RLC |
It was furthermore held: "I am of the considered opinion that all the above changes brought about by Dr RLC |
Karanth in respect of Yakshagana Ballet leads to the inference that the imaginative faculties of Dr RLC |
Karanth permeated the entire Yakshagana Prasangas and thus a new look was given to the Yakshagana Ballets RLC |
I,therefore,hold that the bequest of copyright in literary works and books in favour of the plaintiff by Dr RLC |
Karanth,will have to be treated as the bequest covering the dramatic works also since I have also drawn the conclusion that the dramatic works is also a form of literature RLC |
Therefore,necessity of mentioning copyright separately in respect of dramatic works does not arise RLC |
The plaintiff,therefore,is entitled to copyright even in respect of the dramatic works namely the seven prasangas,by virtue of bequest made in her favour in respect of copyrights and books RLC |
Broadly speaking,a dramatic work may also come within the purview of literary work being a part of dramatic literature Ratio |
The new Encyclopaedia Britannica (Vol-IV) 15th Edition,provides the following information about "Dramatic Literature Ratio |
Dramatic Literature: the texts of plays that can be read,as distinct from being seen and heard in performance Ratio |
We must,however,notice that the provisions the Act make a distinction between the 'literary work' and 'dramatic work'.Keeping in view the statutory provisions,there cannot be any doubt whatsoever that copyright in respect of performance of 'dance' would not come within the purview of the literary work but would come wi... |
For the aforementioned reasons,we agree with Dr Ratio |
Dhavan that paragraph 12 of the Will,namely,residuary clause shall apply in the instant case apart from the areas which are otherwise covered by paragraph 11 of the Will Ratio |
The residuary clause will apply because it is well settled that no part of the stay lies in limbo Ratio |
It was also not a case where respondent in any manner whatsoever waived her right Ratio |
The learned trial judge on issue No.4 opined that plaintiff had not been able to prove actual loss or damage particularly having regard to the fact that Dr FAC |
Karanth had associated himself with the appellants for a long time FAC |
The learned trial judge recognized the equitable interest vested in the plaintiff -respondent FAC |
A declaratory decree,therefore,was passed FAC |
We may notice at this stage that the form of injunction granted both by the learned trial judge as also by the High Court in favour of the plaintiff-respondent RLC |
The operative part of the judgment of the trial court reads as under: "Defendants or their employees or agents are restrained from performing the above said 7 ballets or Prasangas or in parts thereof in any manner as evolved distinctively by Dr RLC |
Karanth by way of permanent injunction RLC |
The High Court,however,directed: "(iii RLC |
As far as the restraint order passed by the Trial Court by granting permanent injunction to the plaintiff is concerned,the same is modified by ordering that if the appellants desire to stage any of the seven Yakshagana prasangas in the manner and form as conceived in all respects viz.,costumes,choreography and directio... |
Karanth,the appellants can do so only in accordance with the provisions of the Copyrights Act,1957 in view of copyright in seven prasangas vesting with the plaintiff RLC |
Decree for injunction is an equitable relief Ratio |
The courts while passing a decree for permanent injunction would avoid multiplicity of proceedings Ratio |
The court while passing such a decree,is obligated to consider the statutory provisions governing the same Ratio |
For the said purpose,it must be noticed as to what is a copyright and in respect of the matters the same cannot be claimed or otherwise the same is lodged by conditions and subject to statutory limitation Ratio |
In R.G.Anand vs PRE |
M/s PRE |
Delux Films & ors.[(1978 PRE |
4 SCC 118]1978 Indlaw SC 294,this Court held: "Thus,on a careful consideration and elucidation of the various authorities and the case law on the subject discussed above,the following propositions emerge: 1.There can be no copyright in an idea,subject-matter,themes,plots or historical or legendary facts and violation o... |
2.Where the same idea is being developed in a different manner,it is manifest that the source being common,similarities are bound to occur PRE |
In such a case the courts should determine whether or not the similarities are on fundamental or substantial aspects of the mode of expression adopted in the copyrighted work PRE |
If the defendant's work is nothing but a literal imitation of the copyrighted work with some variations here and there it would amount to violation of the copyright PRE |
In other words,in order to be actionable the copy must be a substantial and material one which at once leads to the conclusion that the defendant is guilty of an act of piracy PRE |
3.One of the surest and the safest test to determine whether or not there has been a violation of copyright is to see if the reader,spectator or the viewer after having read or seen both the works is clearly of the opinion and gets an unmistakable impression that the subsequent work appears to be a copy of the original... |
4.Where the theme is the same but is presented and treated differently so that the subsequent work becomes a completely new work,no question of violation of copyright arises PRE |
5.Where however apart from the similarities appearing in the two works there are also material and broad dissimilarities which negative the intention to copy the original and the coincidences appearing in the two works are clearly incidental PRE |
no infringement of the copyright comes into existence PRE |
6.As PRE |
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