Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Copyright Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | COPYRIGHT ACT, 1957: c ss. 2(y) and 52(1)(a)(i}, (i) and (I)- "work"- 'dramatic work' - Suit claiming damages for copyright in respect of 'Prasangas' of 'Yaksharanga' Ballet evolved from traditional -'Yakshagana' - HELD: Copyright in respect of performance of dance would not come within the purview of literary work but ... would come within the purview of definition of 'dramatic work' - Defendant would be entitled to benefit of the provisions contained in clauses (a) and (i) of s.52(1). The respondent claiming copyright through a Will over seven 'Prasangas' of Yaksharanga Ballet, namely, (i) Bhishma Vijaya; (ii) Nala Damayanthi; (iii) Kanakangi (iv) ,- Abhimanyu Vadha; (v} Chitrangadha; (vi) Panchavati; and (vii) Ganga Charitha, evolved from 'Yakshagana' by the testator of the Will, filed a suit for damages against the appellant-Academy for violation of her copyright. The trial court granted the injunction restraining the defendant or their employees or agents from performing the said Ballets/Prasangs in any manner as were evolved distinctively by the testator. On appeal, the High Court modified the restraint order to the effect, if the appellants desired to stage any of the described Ballets in the ... manner and form as conceived in all respects, namely, costumes, choreography and direction by the testator, they could do so only in accordance with the provisions of the Copyright Act, 1957 In the instant appeal filed by the Academy, it was primarily contended that the High Court was not correct in holding that dramatic work for the purpose of copyright was a part of the literary work, as they connote two different things. It was submitted that the appellant being an educational institution organised the Ballet for non-paying audience; and that the injunction granted in ~ favour of the plaintiff was not in terms of the provisions of the Copyright Act, 1957 as the appellant was entitled to the benefit of s.52(1)(i) of the Act. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 56 |
Petitioner | Academy Of General Edu., Manipal & Anr. |
Respondent | B. Malini Mallya |
SCR | [2009] 1 S.C.R. 615 |
Judgement Date | 2009-01-23 |
Case Number | 389 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |