Legal Question in Intellectual Property in India

Copyright

hello,

i've a problem regaring copyright.my poem telecated on a TV show without my permission.in thst program that so called poem did not even took my name.that poem is written by me, i dont have a book in which i published that,but i've the vedio recording of that poem,which i've read in Kavi-Sammelan.

though i dont have the published book in which the particular poem is there which telecasted on TV show.

so please suggest me that is it the infringment of my copyright?

if yes then tell me then what is the process of law regarding this & can i get the compensation?

please guide me


Asked on 9/10/05, 7:07 am

3 Answers from Attorneys

Vivek Anand M/S.VIVEK ASSOCIATES

Re: Copyright

The enumerated facts clearly establishes that their is an Infringment of your copright, subject to material records available and its intrinsic value. However, as a matter of caution, it is advisable to stall further infringement by filing a suit for Injunction.

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Answered on 9/11/05, 2:59 am
Vimal Kishor Falcon Services

Re: Copyright

Interms of the copyright Law in force in India it is not necessary to get it registered for the purpose of initiating imfringement proceeding and the only important condition is publication of copyright work. In your case you have published the copyright in a kavi Sammelan and thereafter your right on the said poem subsists and you have the copyright on said poem. However for the sake of evidencery value, the matter has to examined closly for determining the nature of compensation you will receive.

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Answered on 9/11/05, 4:52 am
ANSHUJ DHINGRA DHINGRA, SINGH & HASIJA - Advocates and Legal Consultants

Re: Copyright

Considering the facts and information provided to us, copyright very well subsists in the poem compiled and performed by you and your instant problem is a fit case to initiate the infinngement proceedings under the provisions of the Copyright Act, 1957.

However, this opinion is based on the facts provided to us and are not conclusive unless all the material facts and circumstances are revealed to us. For furher opinion on the issue, we shall be requiring full facts of the case.

Thanks for the query.

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Answered on 9/10/05, 8:18 am


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