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Sign up now !M/s. Leopold Cafe & Stores & Anr. v. Novex Communications Pvt. Ltd.
(2014) 6 Bom CR 394: (2014) 59 PTC 505
Coram: Single Bench comprising Hon’ble Justice G.S. Patel.
Forum: Hon’ble High Court of Bombay
Case No.: Notice of Motion (L) No. 1451 of 2014 in Suit (L) No. 603 of 2014
Date of Decision: July 17, 2014.
Conclusion
Facts:
- The Novex Communications Pvt. Ltd. (Defendant) was granting licenses and collecting license fees on behalf of the owners of the copyrighted works, principally Yash Raj Films Pvt Ltd. ( ‘YRF’) and Shemaroo Entertainment Limited.
- The Defendant claimed that it was legally permitted to do so by virtue of Section 30 of the Copyright Act 1957, which stated that the owner of the copyright or its duly authorized agent could grant any interest in the right by license.
- Leopold Café & Stores (Plaintiff) alleged that Defendant was not a duly authorized agent or a registered copyright society and therefore, was prohibited from carrying on the business of issuing or granting licenses under Section 33 of the Copyright Act.
Main Issue:
Whether Novex, (Defendant), has the right to issue licenses on behalf of copyright owners (Plaintiff)?
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