MANOJAH CINE PRODUCTIONS Vs. A. SUNDARESAN

JUDGEMENT

(1.) THIS appeal comes before us from an order of Maharajan, J. on a preliminary issue in a suit brought by the first respondent for certain reliefs on an alleged infringement of his copyright in a Tamil story "Nazhuval" written by him. He asked for a permanent injunction restraining the appellant from exploiting a film 'Iru Malargal' which, according to the first respondent, was a reproduction of his story. In addition to the relief of injunction, he also asked for damages. An additional issue was settled to the effect - "Whether the plaintiff's suit is not maintainable for non - registration of his copyright in the story 'Nazhuval'?"

(2.) IT seems to us that the view of Maharajan, J. is correct. We have carefully looked into the Copyright Act, 1957, and nowhere in it do we find any justification for holding that registration is a sine qua non or a condition precedent to the subsistence of copyright or acquisition of ownership thereof or reliefs for infraction of copyright. Mishra Bandhu Karyalaya v. S. Koshal, AIR 1970 Madh Pra 261, took a contrary view but, with due respect, we are unable to agree with it. The Copyright Act, 1957, amended and consolidated the law relating to copyright. Chapter III relates to copyright. Section 13 lists out work in which copyright may subsist, as for instance original literary, dramatic, musical and artistic works, cinematograph films and records. Sub - section (1) of Section 13 states in which case copyright shall not subsist subject to exceptions. Section 14 is important which defines copyright. 'Copyright' means the exclusive right in one or other of the works specified in the sub -section. This is, of course, copyright by virtue of and subject to the provisions of the Act. Section 15 declares that no copyright shall subsist in any design registered under the Indian Patents and Designs Act, 1911. Sub - section (2) of this section deals with a particular design which is capable of being registered under the Indian Patents and Designs Act, 1911, but, which has not been so registered. Such design shall cease as soon as any article to which the design has been applied has been reproduced more than 50 times by an industrial process by the owner of the copyright or, with his licence, by any other person. Then we have Section 16 which makes it clear that there shall be no copyright except as provided in the Act. Copyright, therefore, is a creation of the statute. Might be that it originally subsisted under the common law. But has been replaced by the statute law and copyright subsists as provided by the Copyright Act, 1957, and by virtue of and subject to its provisions. No person under Section 16 shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the provisions of the Act or of any other law for the time being in force. Chapter IV deals with ownership of copyright and the rights of the owner, Chapter V with term of copyright, Chapter VI with licences, Chapter VII with performing rights of societies and Chapter VIII, with rights of Broadcasting authorities. We have then Chapter IX dealing with international copyright. Registration of copyright is dealt with by Chapter X. It provides for the procedure for registration of copyright. A register shall be kept for that purpose and entries in the register shall be made of copyrights. A system of index should be maintained. Form and inspection of register are contemplated. Section 48 which seems to throw considerable light on the question we have to decide, is this :

(3.) LEARNED counsel for the appellant referred us to Section 16. As we have mentioned already, it merely says that no person shall be entitled to copyright or any similar right in any work, whether published or unpublished, otherwise than under and in accordance with the Act. This is merely to say that copyright is a creation of the statute. Unless the person who claims copyright can point out to Section 14 and then substantiate that he comes thereunder, he fails to establish copyright. That is all the effect of Section 16.