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Moot file for the side of appeallant in intellectual property rights
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▬ IN THE MATTER OF ▬
Eastern Book Company & Ors ........………….…......…PETITIONER Versus
D.B. Modak & Anr ..........................................................RESPONDENT
ON SUBMISSION TO THE HON’BLE SUPRME COURT
MEMORIAL ON THE BEHALF OF APPELLANT
Counsel for the appellant Raghav Daga (B.A.LL.B. 7 th Sem)
**1. Table of Abbreviations
SSC--Supreme court case
(I) What shall be the standard of of any copy- edited material or judgement for treated as original work and author qualify to registered under copy right act?
(II) Is whole part of work in copy-edited work in judgement is come under the purview of copyright act. The commentary write down on the judgement is inseprable part of judgement and even individually meaningless and thats why appellant would be entitle to registered there work under copy right act.
inputs in the original text of the judgment by considerable labour and arranged it in their own style, but that does not give the flavour of minimum requirement of creativity. The exercise of the skill and judgment required to produce the work is trivial and is on account of the labour and the capital invested and could be characterized as purely a work which has been brought about by putting some amount of labour by the appellants. Although for establishing a copyright, the creativity standard applies is not that something must be novel or nonobvious, but some amount of creativity in the work to claim a copyright is required. It does require a minimal degree of creativity. Arrangement of the facts or data or the case law is already included in the judgment of the court. Therefore, creativity of the Report, SCC, would only be addition of certain facts or material already published, case law published in another law report and its own arrangement and presentation of the judgment of the court in its own style to make it more user friendly. 2) Is whole part of work in copy-edited work in judgement is come under the purview of copyright act. The commentary write down on the judgement is inseprable part of judgement and even individually meaningless and thats why appellant would be entitle to registered there work under copy right act.
The entire vesion of the judgement shall not be fall under the category of copy right , however the only those portion had been fall under the ambit of copy right which actully involvement of some intellectual work and investment (here investment mean labour, skill and time).
In the same case Shyam lal Paharia vs Gaya prasad gupta After court too long arguments, observed some important points and laid down some principle’s are A compilation which may be derived from a common source falls within the ambit of literary work, or A work of compilation of a nature similar to that of another will not by itself constitute an infringemnet of the copyright of another persons’s work written on the same pattern, or The question whether an impuged work is a colourable imitation of another person’s work is always a question of fact and has to be determined from the circumstance in each one, or The determined factor in fiding whether another person’s copyright has been infringed is to see whether the impugned work is a slavish imitation and copy of another person’s work or it bears the impress of author’s own labours and exertions.
So court here observe from time to time that, a colourable Imitaion may be entertained by the court in the some cases, however slavish imitation shall not be entertainable at all, because in the slavish imitaion is the exact copy and paste work and their is no involvement of any type of work or intellectual or skill or any investment.
Sometimes its to too difficult for authority to identified that which part of copy editing is able or condsidered as a seprable part of judgement and which one may not be considered as a seprable part under copy right act.
So time to time law revolve according to the need of the society and for the JUSTICE, EQUITY & GOOD CONSCIENCE.
