Legal Question in Criminal Law in India

copyright infringement

i as lyricist in mumbai,wrote lyrics for a film,that has released with audio CD out in market with my name...but at no point of time i was asked to enter into a written/oral contract etc.now,after two years of the 'recording of lyrics'the producers prepared a NOC,showing transfer of all copyrights in their favour,without my consent and by way of scanning and lifting my 'initials' (not sign) from elsewhere to prepare the forged letter.the forged letter(scanned copy) was sent to music composer by the producer vide mail,as attachment,asking him to witness my 'sign' but he got suspicious & forwarded the mail to me.it was then that i got going and issued a notice to producer,who deny the existence of such letter,though i have it,with me.what measures now i shoud/could take and what compensation can i ask for.kindly educate me.


Asked on 3/10/09, 1:50 pm

5 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: copyright infringement

You can consider lodging a police complaint aganst the producer. Further, if you have sufficient evidence that the producer has used your lyrics without paying you the necessary royalty you can also file a case against the producer for infringement of copyright and demand compensation. However, the quantum of compensation will depend on the loss or damage caused to you.

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Answered on 3/10/09, 2:17 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: copyright infringement

I agree with my esteemed colleague Pranav Desai.

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Answered on 3/10/09, 2:43 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: copyright infringement

Hello

Good Afternoon!

You have got a good case!

I would advise you to follow the following steps in accordance to your facts:

1. File a police complaint against the producer.

2. In case if you do have evidence that the produceer used your lyrics without paying you anything you may file a case of infringement of copyright.

3. Demand compensation from civil suit.

4. Hire a good counsel who can fight your case with due care.

In case of need please contact personally.

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Answered on 3/13/09, 3:16 am
Shrichand Nahar S.V.Nahar, Advocate

Re: copyright infringement

Report matter to police. Approach court for damages/compensation.

Consult your lawyer for preparing & submitting the case within four corners of concerned laws.

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Answered on 3/11/09, 12:57 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: copyright infringement

Already Replied

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Answered on 3/11/09, 1:33 am


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