LALLUBHAI MOTIRAM Vs. LAXMISHANKAR AMBALAL

JUDGEMENT

(1.) THESE are two appeals from the District Judge of Kaira. The action, which gives rise to them, concerns the copyright in a picture drawn and coloured by the plaintiff in November, 1933, of Shri Ranchhodraiji's Diwali Shringar.

(2.) IN 1935 the plaintiff filed a suit against defendant No. 1 alleging the infringement of the plaintiff's copyright in the said picture by a picture of defendant No. 1. Some confusion has occurred in the Court below, the repercussions of which have followed this appeal, with regard to the numbering of the exhibits, there being in fact two exhibits Not19. IN order to avoid any, further confusion I propose to refer to the plaintiff's picture made in November, 1933, as. the " 1933 picture," and the first defendant's picture as the " 1935 picture," and to the other picture with which this suit is concerned, as the " 1939 picture. " The original exhibits will be marked accordingly.

(3.) MR. B. G. Thakor in a very full and able argument took the, point that there can be no copyright in a reproduction of the idol itself and its dresses and that the copyright in the idol invested in the regalia of the different festivals, is either in the idol itself or in its committee or trustees. That interesting submission does not fall for derision in this case ; because there is no evidence that the idol or its committee or trustees raised any such claim, and in fact the plaintiff's 1933 picture is protected by a declaration of trade-mark. Further, as appears from the plaintiff's evidence which I have already quoted, the plaintiff's 1933 picture is no slavish copy of the idol adorned in Diwali Shringar, but is rather the plaintiff's conception of an idea inspired by having seen the idol. We do not decide anything with regard to this point which may arise for decision in some other case.