Page:Eastern Book Company & Ors vs D.B. Modak & Anr.pdf/46

http://JUDIS.NIC.IN in pictures, picture frames, etc. One Sri T.M. Subramaniam drew a picture of Lord Balasubramanya and gave it the title of Mayurapriya and a copyright was assigned to the appellant. It came to the knowledge of the appellant firm that the respondent firm was printing and selling copies of a close and colourable imitation of the appellant’s picture under the style of Bala Murugan. The case of the defence was that their picture was an independent production and that the appellant had not acquired copyright in the picture and the subject dealt with in that picture was a common subject, in which no copyright could be acquired by anyone. The Court held that in order to obtain copyright production for literary, domestic, musical and artistic works, the subject dealt with need not to be original, nor the ideas expressed be something novel. What is required is the expenditure of original skill or labour in execution and not originality of thought.

26. In Agarwala Publishing House v. Board of High School and Intermediate Education and Another, AIR 1967 All. 91, a writ petition was filed by a publisher firm challenging an amendment of the Regulations of the Board declaring that copyright of the question papers set at all examinations conducted by the Board shall vest in the Board and forbidding the publication of such question papers without the Board’s permission. The question involved in the case was whether the question papers are 'original literary work’ and come within the purview of Section 13 of the Copyright Act, 1957. It was urged that no copyright can exist in examination papers because they are not ‘original literary work’. It was held that the ‘original literary works’ referred to in Section 13 of the Copyright Act, 1957, are not confined to the works of literature as commonly understood. It would include all works expressed in writing, whether they have any literary merits or not. This is clear from the definition given in Section 2(o) of the Act which states that literary work includes tables and compilations. The Court further held that the word ‘original’ used in Section 13 does not imply any originality of ideas but merely means that the work in question should not be copied from some other work but should originate in the author, being the product of his labour and skill.

27. In the case of Gangavishnu Shrikisondas v. Moreshvar Bapuji Hegishte and Others, ILR 13 Bom 358, the plaintiff, a book seller, in 1984 brought out a new and annotated edition of a certain well-known Sanskrit work on religious observances entitled ‘Vrtraj,’ having for that purpose obtained the assistance of the pandits, who re-cast and re-arranged the work, introduced various passages from other old Sanskrit books on the same subject and added footnotes. Later on, the defendant printed and published an edition of the same work, the text of which is identical with that of the plaintiff’s work, which moreover contained the same additional pages and the same footnotes, at the same places, with many slight differences. The foundation of both plaintiff’s and defendant’s books is an old Sanskrit work on Hindu ceremonial, which could have been published by anyone. The copyright claimed by the plaintiff was on the additions and alterations to the original text, which the parties admit to be material and valuable, and in which the copyright is claimed of its prior publication. The defendants argued that there was nothing really original in the plaintiff’s book and, therefore, he was not entitled to copyright in the book.