Legal Question in Criminal Law in India

copyright infringement

with ref to my query dated 10mar,09 I again wish to point out that as no contract ever was signed and the producers wanted NOC from me urgently & badly to hand over distribution of music rights to 'the music co' they 'scanned and lifted'my initials from elsewhere to create a 'counterfeited NOC'transferring my rights in their favour.So its a FORGERY CASE with CRIMINAL CONSPIRACY,as more than one people involved(IPC 467/468/420/120(b)..besides being a case 'copyright infringement act' according to which,me the author of origianal work(lyrics)has the right to stay the 'sale of audio and other related items' and police can seize 'them' from stores without a challan.

As the lyricist,that's ME,is a senior,known person,the angle of 'embarassment and humiliation'too comes into play.Your reply to my query makes it appear a simple case of mild error,that's not the case.

Kindly look at all this again,and YES,I have filed a police complaint(NC) though I wanted police people to file F.I.R..on the strength of docs and evidences that I have.Please also say what one can do if police doesn't file a F.I.R.?Who do I approach?Besides media,ofcourse.


Asked on 3/11/09, 1:08 am

5 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: copyright infringement

Hello

Good Afternoon!

You have got a good case.

You may intimate the same to the police superiors if your complaint is not taken withing a reasonable time.

I would advise you to file a suit for recovery for damages in civil court.

For all legal technical assistance hire a good senior lawyer.

In case of need please contact personally.

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Answered on 3/13/09, 3:10 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: copyright infringement

Already Replied

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Answered on 3/11/09, 1:27 am
Pranav Desai PD Legal & Associates

Re: copyright infringement

If the police has not taken any action you should write a letter to the Commissioner as to why the same is not done. Further, you can also consider filing a private complaint in court alleging the above.

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Answered on 3/11/09, 4:57 am
Shrichand Nahar S.V.Nahar, Advocate

Re: copyright infringement

If police doesn't file FIR, then you need to approach the superior police officer contemplated by section 154(2) Cr.P.C.

Failing any action from superior officer, you need to approach the court of the magistrate within whose jurisdiction entire offence or part of offence allegedly committed.

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Answered on 3/11/09, 5:00 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: copyright infringement

You wait for a reasonable time for the police to take action; failing which you may file a CRIMINAL COMPLAINT in the court of Judicial Magistrate.

The Magistrate may refer your complaint to the police u/s 156 (3) Cr. P. C. for investigation and report; upon receipt of this order, the police will have to register FIR and investigate the offence;

OR the court may directly record your "Preliminary Evidence" and may summon the accused persons to face trial.

Besides, you may also simultaneously file a suit for recovery of punitive damages in civil court.

In any case, you may require services of a local lawyer to pursue your remedies.

It appears that prima facie you have a very strong case in your favour. However, if possible, try to reach an amicable out of court settlement to avoid wastage of time and expense.

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Answered on 3/11/09, 8:21 am


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