In an interesting turn of events
Delhi High Court allowed organizers of "Durga Puja",
a hindu festival, to use images from the best-seller, Harry
Potter, created by J.K. Rowling.
The organizers were sued for
compensation amounting to two million rupees for copyright
infringement, however, the Court citing insufficient time to
withdraw or amend the Harry Potter elements linked with the
festivities due to falling of the festival in a weeks time,
rejected the infringement claim but with a stern warning that
the use of the copyrighted images would be a one time affair
only and any attempt to replicate this action in future would
demand a permission and authorization from the copyright
The claim for compensation was
also rejected on the ground of the festival "Durga
Puja" being a public purpose and that a claim could not be
made on a public purpose.
It was in the air that the suit
was prompted because of the legal advice that the "Durga
Puja" was a commercially organized event which, was
selling 40 to 50 stalls at a cost of $600 each and banner
advertisements at a cost of $250 each to local and
internationally recognized companies.
The Copyright holders of the
Harry Potter and related images has guidelines specifically to
help non-profit and charitable organizations to run Harry
Potter themed events, but organizations who tend to gain
commercially from the use of Harry Potter brands are not doled
out this privilege.
The intellectual property
dispute resolution savvy ness of the adjudicator not only saved
a group of people coming together to celebrate a festival in a
unique style, from a protracted legal battle but also sheds
light on the value of intellectual property. Ultimately the
injunction went in favour of the copyright holders in
recognition of the court that such usage of the copyrighted
work cannot proceed without the permission of the copyright
holder, which should have been obtained.
In the past also Mumbai High
Court directed hotels to pay towards copyright license fee for
playing music in the new-year parties organized by them where
an entry fee was charged. Phonographic Performance Ltd (PPL), a
copyright society registered under the Copyrights Act, which
took the hotels to court for failing to pay copyright license
fees. PPL is the sole authority to administer the broadcasting,
telecasting and public performance rights and to collect
licence fees on behalf of the music industry.
To turn the focus on the law;
Copyright is a bundle of rights including inter alia
rights of reproduction, communication to the public, adaptation
and translation of the 'work'. Work in copyright law
corresponds to original literary, dramatic, musical &
artistic works and also cinematograph films and sound
recordings. The copyright law protects these rights but in
cases of 'fair deal' provides for exceptions under
which others can use the copyrighted protected work under
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).