01 January 0001

IPR Amicus: July 2019

Contradiction & consensus: Mode of infringement of a cinematograph film
by Saksham Garg

The article discusses some important issues of copyright infringement of cinematograph films that were dealt by the Delhi High Court in the case of MRF Limited v. Metro Tyres Limited. In this judgement, learned Single Judge had attempted to minimize contradiction created by diametrically opposite views of Bombay and Calcutta High Courts on interpretation of the expression ‘to make a copy of the film’, in Section 14(d)(i) of Copyright Act. Court observed that the expression does not mean just to make a physical copy of the film by the process of duplication. It also observed that a cinematograph film is recognized as, greater than the sum of its parts. On the question of originality, the Court held that even though the expression ‘original’ is missing in Section 13(1)(b), the requirement of originality is brought in through Section 13(3)(a) read with Sections 2(f) and 2(d). According to the author, the judgement has widened the scope of the ‘substantiality’ test and has provided a definite foundation to the purposive construction to be applied to the Copyright Act, 1957 in consonance with the Berne Convention...

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July, 2019/Issue-94 July, 2019/Issue-94

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