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Such painstaking service in this direction has brought to light several of my hitherto untraced,forgotten and unknown writings and thereby giving them extended or renewed lease of life | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For all these services,I hereby declare that after my death copyrights in respect of all my literary works shall vest with Smt | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Malini Mallya and she alone shall be entitled to receive royalties of all my books and she shall be entitled to print,publish and republish and market the same | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Whatever she may earn thereby shall be her exclusive income and property | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No one else shall have any right or claims for the same.12.From time to time I have distributed among my children all gold and silver jewels and ornaments and other valuables,which were gifted to me by my friends and admirers | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
And I have distributed all copper and bronze vessels and utensils among my children while leaving my former home "Suhasa" keeping only bare essential and necessary things and articles | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Whatever movable properties,books,fittings,furniture,utensils etc.belonging to me into this house 'Manasa' and my Car and cash money in hand after my death shall go to Smt | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Malini Malya only | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No one else shall have any claim or right over the same | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Any outstanding due to me and Bank Deposits and whatever assets or properties not mentioned above,that is,residuary after my death shall belong to Smt | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Malini Mallya alone | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Plaintiff-Respondent,inter alia,prayed for passing a judgment and decree against the defendants -appellants granting the following reliefs: "1.A declaration that the plaintiff is the exclusive copyright holder in respect of Yaksharanga ballets,namely,Bhishma Vijaya,Kanakangi,Nala Damayanthi,Panchavati,Gaya Charitha,Chitrangadha,Abhimanyu Vadha,and for consequential permanent injunction restraining the Defendants,their agents,employees etc.from staging or performing any of the above said 7 ballets or Prasangas or any parts thereof | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1,000-00 2.Directing the Defendants to pay to the plaintiff damages of Rs.15,000/-towards infringement of her copyright on account of stating or performing Abhimanyu Vadha on 18-9-2001 at New Delhi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
15,000-00 3.Directing the Defendants to pay to the plaintiff interest on Rs.15,000/-at 15% p.a.from 18-9-2001 till now which is 95-00 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
4.Directing the Defendants to pay future interest on Rs.15,000/-at 15% p.a.till payment of the entire amount | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appellants in their written statement,however,denied and disputed any copyright of the said dance in Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth alleging that whatever work he had done was in the capacity of a Director of the Kendra with the assistance,finance and staff provided by the Organization of Mahatma Gandhi Memorial College Trust in respect whereof a Committee was formed under him by the Board of Trustees | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was furthermore contended that Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth was appointed as the President of the Executive Committee of Yakshagana Kendra for a period of three years by the appellant and while holding the said post only he expired | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
By reason of a judgment and decree dated 14.11.2003,the District Judge,Udupi decreed the said suit declaring the plaintiff -respondent as a person having the exclusive copyright in respect of seven Prasangas and that she had acquired the same by reason of a Will as a residuary legatee and the defendants -appellants or their employees or agents were restrained from performing the said seven ballets or Prasangas or any parts thereof in any manner as evolved distinctively by Dr | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appellants aggrieved thereby and dissatisfied therewith preferred an appeal before the Karnataka High Court which was marked as R.F.A.No.271 of 2004 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
By reason of the impugned judgment and order dated 5.12.2007,the said appeal has been dismissed | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appellants are,thus,before us | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Rajiv Dhavan,learned Senior Counsel appearing on behalf of appellants in his usual fairness conceded | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
i | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The copyright in the literary work has been assigned by reason of the said Will in favour of the respondent in terms of clause 12 of the Will | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
ii) Dr | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth has made substantial changes in the original traditional form of the Yakshagana dance | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was,however,urged | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth without charging any fees | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
ii | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
iii | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Mr | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
G.V.Chandrashekhar,learned counsel appearing on behalf of the respondent,on the other hand,would support the impugned judgment | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Copyright Act,1957 (for short,"the Act") was enacted to amend and consolidate the law relating to copyright | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 2 is the interpretation section | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
ii) a work of architecture; and (iii) any other work of artistic craftsmanship | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 relation to a cinematograph film or sound recording,the producer; and (vi) in relation to any literary,dramatic,musical or artistic work which is computer-generated,the person who causes the work to be created | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 whether any member of the pubic actually sees,hears or otherwise enjoys the work so made available | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Explanation | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 relation to a musical work,to mean the person who composes the music regardless of whether he records it in any form of graphical notation | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Section 2(o) defines "literary work" to include computer programmes,tables and compilations including computer databases | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 (c) sound recording | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Sections 22,23 and 52(1)(a),(i) and (l) of the Act,which are relevant for our purpose read as under | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
22 Term of copyright in published literary,dramatic,musical and artistic works | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
23 -Term of copyright in anonymous and pseudonymous works.-(1 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In sub-section (1),references to the author shall,in the case of an anonymous work of joint authorship,be construed | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
a) where the identity of the authors is disclosed,as references to that author | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
b) where the identity of more authors than one is disclosed,as references to the author who dies last from amongst such authors | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In sub-section (1),references to the author shall,in the case of a pseudonymous work of joint authorship,be construed | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 of one or more (but not all) of the authors arc pseudonyms and the identity of one or more of them is disclosed,as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and (c) where the names of all the authors arc pseudonyms and the identity of one of them is disclosed,as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed,as references to such of those authors who dies last | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Certain acts not to be infringement of copyright.-(1 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 recording,if the audience is limited to such staff and students,the parents and guardians of the students and persons directly connected with the Activities of the institution or the communication to such an audience of a cinematograph film or sound recording | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
l | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Statute | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Vijaya,Nala Damayanthi,Kanakaangti or Kanakangi Kalyana,Abhimanyu or Abhimanyu Vadha,Chitrangadha or Babruvahana Kalaga,Panchavati Chritha followed in the plaint | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Has the plaintiff became entitled to the said right under the Registered Will dated 18.06.1994 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Does the plaintiff prove that her right under the said Will was infringed by the defendants | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 made in favour of the plaintiff is in the nature of residuary bequest | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But,that is not all,in the 'Will'-Ex | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 the literary works as well as the books | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Neither of the two can be produced without the imaginative skill of the author | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was furthermore held: "I am of the considered opinion that all the above changes brought about by Dr | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth in respect of Yakshagana Ballet leads to the inference that the imaginative faculties of Dr | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Karanth permeated the entire Yakshagana Prasangas and thus a new look was given to the Yakshagana Ballets | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
I,therefore,hold that the bequest of copyright in literary works and books in favour of the plaintiff by Dr | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Therefore,necessity of mentioning copyright separately in respect of dramatic works does not arise | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Broadly speaking,a dramatic work may also come within the purview of literary work being a part of dramatic literature | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The new Encyclopaedia Britannica (Vol-IV) 15th Edition,provides the following information about "Dramatic Literature | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Dramatic Literature: the texts of plays that can be read,as distinct from being seen and heard in performance | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 within the purview of the definition of 'dramatic work'.We,however,do not mean to suggest that any act of literary work will be outside the purview of the Will dated 18.6.1994.Our exercise in this behalf was only for the purpose of clarifying the provisions of the Act with reference to the findings arrived at by the High Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For the aforementioned reasons,we agree with Dr | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
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 of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The residuary clause will apply because it is well settled that no part of the stay lies in limbo | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |