News By/Courtesy: K M Kalidharun | 18 Jul 2019 11:51am IST

HIGHLIGHTS

  • On July 16, the Delhi high court delivered a judgement that the copyright protection given to cinematographic films and video advertisement is the same as that given to literary works.
  • The plaintiff accused that the respondent copied the plaintiff’s advertisement, which amounts to copyright violation under section2(f) of the Copyright Act.
  • The court held that the infringement test was the same for cinematograph film as that it was for literary works.

On July 16, the Delhi high court delivered a judgement that the copyright protection given to cinematographic films and video advertisement is the same as that given to literary works.

The Delhi HC delivered the judgement in a case filed by MRF Ltd against Metro Tyres Ltd. In this case, the plaintiff accused that the respondent copied the plaintiff’s advertisement, which amounts to copyright violation under section2(f) of the Copyright Act. The following questions of law were brought before the Delhi HC— Whether the infringing copy must be an exact copy made by the process of duplication or a mere material copy; Whether the infringement test is the same for cinematograph films as it is for literary works. 

The defendant counsel contended that section 2 (m)(2), 14 (d)(1) and 51 of the act shows that to establish infringement, an exact copy of the original must be made. But in this case, that is not the scenario. The court, on hearing the arguments, held that, as far as the first issue was concerned, the infringing copy need not be an exact copy. If the test laid down in R.G.Anand vs. M/S Deluxe and Ors. is satisfied, it is sufficient to establish the infringement. As far as the second issue is concerned, the court held that the infringement test was the same for cinematograph film as that it was for literary works.  

Section Editor: Sandeep G | 18 Jul 2019 11:57am IST


Tags : #Legal

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