Legal Question in Intellectual Property in India

1) Copyright law protects expressions of ideas rather than the ideas themselves. Under section 13 of the Copyright Act 1957, copyright protection is conferred on literary works, dramatic works, musical works, artistic works, cinematograph films and sound recording. For example, books, computer programs are protected under the Act as literary works.

2) Copyright refers to a bundle of exclusive rights vested in the owner of copyright by virtue of Section 14 of the Act. These rights can be exercised only by the owner of copyright or by any other person who is duly licensed in this regard by the owner of copyright. These rights include the right of adaptation, right of reproduction, right of publication, right to make translations, communication to public etc.

3) Ur father should be able to prove before the court that it is here original creation along with all his handwritten rough scripts, followed by fair, how he developed the ideas and withstand cross-examination on his unshaken deposition will establish he is the original author.

4) The person who copied will hv to pay all mesne profits, compensation, damages etc. If the telecast is continuing in original or dubbed version, immediately bring injunction order.

5) Consult an IPR experienced Attorney of repute, and file IA for interim orders. Meanwhile, all those will certainly come to ur father a compromise.

Sir

Copyright Law protects the original work of the author in any literary, dramatic, musical, artistic, Cinematograph films and Sound recording.

Under Copyright Law, it is not mandatory to get the copyright registered. As soon as the original work is generated, copyright automatically gets conferred upon its author, or if the work is one made for the hire, then upon its principal.

Under Section 14 of the Copyright law, the owner of the Copyright, has complete and exclusive power to do the following : -

a) In the case of a literary, dramatic or musical work, not being a computer programme,-

(i) To reproduce the work in any material form including the storing of it in any medium by electronic means;

(ii) To issue copies of the work to the public not being copies already in circulation;

(iii) To perform the work in public, or communicate it to the public;

(iv) To make any cinematograph film or sound recording in respect of the work;

(v) To make any translation of the work;

(vi) To make any adaptation of the work;

(vii) To do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);

(b) In the case of a cinematograph film,-

(i) To make a copy of the film including a photograph of any image forming part thereof;

(ii) To sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasional

(iii) To communicate the film to the public;

(c) In the case of a sound recording-

(i) To make any other sound recording embodying it;

(ii) To sell or give on hire, or offer for sale or hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) To communicate the sound recording to the public.

Any person, who tries to do any of the aforesaid act, with the copyright work, without the approval or license from its owner, then it is a case of Copyright Infringement. This includes, Adaption of story

So, if you believe your father can prove that he is the actual author of the Story, and the TV Serial "Sia ke Ram" is the adaption of the story your father has authored, then you certainly have a case to sue the Company who has adapted the said story in to TV Serial.

When your father sues the Company, he will be required to produce all the evidence of your true authorship of the literally work i.e. original transcript, mode of developing the literally work, any other fact associated to establish the authorship of your father in the literary work.

If you have prima facie proof, then you may be able to succeed in getting restrain orders from the court, restraining the tv company from further broadcasting of the Tv Serial.

Now how to begin : : -

(1) Issue a Legal Notice of Copyright Infringement upon the TV Company, specifically contending your ownership right over the copyrighted work and calling upon them to cease the broadcast of the TV Serial and provide the account of the revenue generated from the TV Serial ;

(2) If within the time stipulated in the notice, if the company do not cease broadcasting, then you shall file a copyright infringement suit upon the TV Company.

(3) Most likely the TV Company will reply to your notice and put a counter claim.

However if you have all your proofs in place, then nothing to worry, you can certainly raise a claim in the Court of Law, proceed successfully. If you succeed in the Court, you will be entitled to permanently restrain the TV Company or any other person from adapting or copying your work, and also you will be entitled to get monetary damages, compensation from the TV Company, including the net revenue generated out of such adaption.

I practice IP Laws. Should you have any further question or need my assistance, then feel free to contact me.

Best Regards

Vivek N Mapara

www.vnmlaws.com

it is clearly that as per indian law provide free legal aids to poor or other.