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04 September 2017

Copyright in literary work authored by director of company

The Delhi High Court on 4-8-2017, in the case of Neetu Singh v. Rajiv Saumitra granted an interim injunction in favour of the plaintiff. The suit was pertaining to copyright infringement in a literary work.

The defendant contended that the literary work was produced by the plaintiff during the course of her employment as a director of the defendant company.

The Court in this regard observed that the defendants had not placed on record any material to show that the literary work was authored as a part of the duties and obligations of a director.  The Single Judge also noted that neither any agreement nor the articles or memorandum of association of the company was placed on record to prove otherwise.

The fact that copyright registration in favour of the plaintiff was granted when the plaintiff was the director with the defendant, was also taken into consideration by the Court while granting interim injunction

 

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