Case Law Details
Maheshbhai @ Kanbhai Haribhai Sojitra Vs State of Gujarat (Gujarat High Court)
(i) A bare perusal of Section 51 of Copyright Act, 1957 says that if any person uses without the permission of the licence owner or from the Registrar, any product would amount to infringement of copyright. However, in the present case, the applicant is a holder of certificate issued by the Registrar of Copyright.
(ii) In view of the aforesaid, in my considered opinion, prima facie ingredients of Section 51 of the said Act are not satisfied. Further, this Court would note the fact that invocation of Section 64 of the said Act by the police in the FIR is nothing, but a sheer non-application of mind by the police. I say so because Section 64 of the said Act is not an offence, but the power envisaged to the police or Investigating Officer to seize the material, if any infringement is found for which, there cannot be any FIR.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
1. Draft Amendment is allowed. Necessary amendment to be carried out forthwith.
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