Important case laws on copyrights law
Super cassettes v. myspace
It is a very famous case of T series .T series is also known as super cassettes, alleged that MySpace, a social media online platform was infringing its copyright by allowing infringing copies of the series work to be posted on MySpace platform. MySpace was uploading the original work and songs of T-series on their website and social media platform without the permission of the T-series.
The case was filed under Section 51(a)(ii) Of the copyright act, 1957 provides infringement of copyright.
Further this case is also related to section 79 and 81 of the information technology act, 2000 : Unity to apply unless actual knowledge demonstrated
And thus injection was granted against myspace. Myspace was strictly restricted to further copy any original work of T-series and also were ordered to delete all the original work of T-series which they have had posted or uploaded on their social media platform previously.
In the case of pine labs Private Limited v. Gemalto terminals India (P) LTD.
In this case it was held that in the absence of the period of assignment or territory of assignment being specified, designment is deemed to be for five years.
If an author has delegated its original work to other person and in that assignment agreement the time period and territory is not specified. So the court said that in case Time period is not mentioned in assignment agreement it would automatically be deemed to be for five years. If the territory is not mentioned in the assignment agreement , so, as per the act within Indian territory the copyright assignment can be used.
All the rights of copyright is reverted back to the assigner after the period of five years automatically.
In the case of university of Oxford v. Rameshwari photocopy services
In this case the respondent was photocopying reading materials from prescribed textbooks and selling it to the students at subsidised rates. Photocopy amounts to copyright infringement as well under section 2(o) of the copyright act.
The services that was provided by Rameshwari photocopy services had a legal licence to operate within the North campus premises of DU and a point was raised that photocopying with the objective of spreading knowledge and fostering education does not constitute as copyright infringement.
Eastern book Company v. D.B.modak and ORS
The suit was filed for infringement of copyright and unfair competition.
Facts -The judgements of Supreme Court were copied and edited.
The question arose -Can copyright can be clamied if anybody is copying the law reports of the judgement of Supreme Court?
It was held by the Supreme Court that no copyright can be claimed on original judgement of the court .The creator who uses his skill, labour ,brain , time to reproduce the actual work ,it is protected under copyright law.
For example – If a person is writing an article on a particular case law , by firstly reading and analysing the original framework of the court and then modifying it in their own way .