K A VENUGOPALA SETTY Vs. SURYAKANTHA U KAMATH

JUDGEMENT

(1.) THIS appeal is preferred against the judgment decree dated 5-10-1979 passed by the learned Additional District Judge, Bangalore, in O.S. No. 9/1975. The appellant is the defendant in the suit and the respondent is the plaintiff. The respondent plaintiff filed the aforesaid suit for a permanent injunction restraining the defendant either himself or through his agent etc. from further printing and publishing the book titled "A Concise History of Karnataka".

(2.) IT is the case of the plaintiff that he is the author of the book "A Concise History of Karnataka" and the manuscript of the same was given to the defendant for printing; that he had not assigned his copyright to the defendant and therefore, the defendant was and is not entitled to publish the book without assignment of the copyright in writing to him by the plaintiff ; that when the book was printed and ready for publishing, the defendant came forward with the plea that the plaintiff had assigned the copyright through no such assignment had been made by the plaintiff either orally or in writing ; that as the defendant tried to publish the book claiming that the plaintiff had assigned the copyright of the book in question, the plaintiff had no other go but to seek relief as claimed in the suit.

(3.) ON the basis of the evidence on record, the trial court has held that assignment of the copyright is not proved : that oral assignment is not permissible in the light of the provision contained in Sec. 19 of the Copyright Act, 1957 (hereinafter referred to as the 'Act'). The trial court has also held that as the defendant tried to assert that the copyright was assigned by the plaintiff, the plaintiff was entitled to seek the relief, and as such the suit was not premature. Consequently, in the light of the findings recorded on issues 1 and 2, the trial court has decreed the suit.