Sunday, January 3, 2010

Acts which does not constitute infringement of copyright

[Academy of General Edu., Manipal & Anr. v. B. Malini Mallya, Civil Appeal No. 389 of 2008 decided on January 23, 2009]
The Supreme Court in the instant case held that Section 52 of the Copyright Act, 1957 provides certain acts which would not constitute an infringement of a copyright. When a fair dealing is made, inter alia, of a literary or dramatic work for the purpose of private use including research and criticism or review, whether of that work or of any other work, the right in terms of the provisions of the Act cannot be claimed. Thus, if some performance or dance is carried out within the purview of the Section 52, the order of injunction shall not be applicable. Similarly, appellant being an educational institution, if the dance is performed within the meaning of provisions of clause (i) of sub-section (1) of Section 52 the order of injunction shall not apply. Yet again, if such performance is conducted before a non-paying audience by the appellant institution, if the institution comes within the purview of amateur club or society, the same would not constitute any violation of the order of injunction [2009 (39) PTC 393].

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