V RATNAIAH Vs. K LAKSHMAIAH

JUDGEMENT

(1.) The unsuccessful plaintiff at the trail had second innings in this appeal. The gravamen of nis charge is that the respondent-defendant pirated his "Girija Kaiyanam" Text book for profit and thereby infringed his copyright provided under Section 52 of the Copyright Act 14 of 1957 (for short "the Act"). Therefore, he laid the suit for perpetual injunction and for damages. The trial court dismissed the suit. Thus the appeal.

(2.) The substantial averments made in support of the relief are : One Mocherla Ramakrishnaiah wrote "Girija Kaiyanam" which was approved by the Osmania University as one of the live subjects for B.A., B. Com., and B. Sc. students for Paper 1 and II. The respondent wrote a guide under the name ''Sri Vidya Excellent. Guide" to help the students in original language, Telugu Part 1 and II under Exs. A. 19 to A. 23. According to the plaintiff, the book was assigned to him by Mocherlala Ramakrishnaiah under a deed of assignment (Ex. A. 1) dated June 15, 1937 and the respondent -defendant pirated his (plaintiff's) rights as a copyright holder. The respondent pleaded that writing of the guide does not amount to infringement of the copyright of the appellant and he used the words fairly for the purpose of guiding the students to help them to write the examination and a fair reading of the guide prepared by him shows that his act does not amount to any infringement of copyrights and it is inconsistent with the provisions of Section 52 of the Act. The respondent also denied that the appellant is a copyright holder. The trial court framed as many as eight issues and an additional issue and held that the appellant is a copyright holder but denied the relief on the ground that the respondent fairly used the words with a view to assist or guide the students and therefore, the plaintiff is not entitled to any relief.

(3.) Sri M Venkatarama, learned counsel for the appellant argued that once it is admitted that the appellant had got copyright for the book Girija Kaiyanam which was prescribed by the Osmania University as a textbook, he is entitled to make use of the text-book and unless the respondent obtains copyrights from him to use it for the purpose of writing the guide, he is not entitled for the user thereof and that he not only pirated his copyright but also committed an offence. Therefore, the plaintiff is entitled for a perpetual injunction interdicting the respondent from using the book contrary to the provisions of the Act and damages.