Judgment was given in favour of the Author in Copyright Infringement Case


Sudipta Bandyopadhyay 10/07/19 #copyright #patent #trademark #brandprotection #infringement #news #newsupdate #topnews #world #headlines #breakingnews #latestnews #trending #hotnews #blogging #education #educationalblog #SaraAboobakker #Byari #NationalAward #SwarnaKamalAward

Public screening of “Byari” was prohibited on the grounds of plagiarism was restrained from screening in theatres. The film was adapted from the novel Chandragiriya Teeradalli”.  The writer of the novel is a Kannada writer, Sara Aboobakker. She approached the Court on the grounds of the story is from her novel and was adopted without her permission.

Copying, stealing, passing off the ideas or words of another as one’s own and not giving due credit to the author. Section 57 of the Indian Copyright Act, 1957 gives authors the right to claim authorship of their works among other things. In case of a civil suit, the remedies that can be awarded are injunctions to restrain further infringement and damages, the delivery of accounts of profit and both infringing copies of the work used to make them.

The novel in issue was published as a serial in a Kannada Tabloid “Lankesh Patrike”. The author came to know that the film “Byari” received the Swarna Kamal Award at the 59th National Award which was plotted on the author's story. She filed the case in the year 2011. The Third Additional and District Session court directed Altaf Hussain to cease the screening of the movie. Producer Altaf Hussain also played the main role in the film directed by K. P. Suveeran. The Court also observed that Intellectual Property Rights were infringed through the act of plagiarism.

The court ordered the producer to pay Rs. 2 lakhs with interest from the date of suit to the author for such infringement. Besides, the producer will bear the court expenses bared by the author.

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