1959 (2) TMI 32 - HC - Companies Law

Summary

Issues Involved:
1. Infringement of Copyright
2. Validity of Copyright Claim
3. Comparison of the Two Pictures
4. Determination of Damages

Detailed Analysis:

1. Infringement of Copyright
The appellants claimed that the respondents' picture "Bala Murugan" was a colourable imitation of their picture "Mayura Priya," thus infringing their copyright. The respondents contended that their picture was an independent creation and not a copy of "Mayura Priya." The court had to determine whether the respondents' picture was a copy or a colourable imitation of the appellants' picture.

2. Validity of Copyright Claim
The respondents argued that the appellants could not claim copyright over "Mayura Priya" because it depicted a common subject, Lord Balasubrahmanya, which is not original. The court rejected this argument, stating that copyright protection does not require originality of thought but rather the expenditure of original skill or labour in execution. The court affirmed that the appellants possessed copyright in "Mayura Priya."

3. Comparison of the Two Pictures
The court examined whether the respondents' picture was a copy or a colourable imitation of the appellants' picture. The test applied was whether the degree of resemblance between the two pictures would suggest to an observer that the respondents' picture was derived from the appellants' picture. The court found significant similarities, particularly in the facial features of the deity, the ornaments, and other elements, which indicated that the respondents' picture was a substantial reproduction of the appellants' picture. The court concluded that the respondents' picture "Bala Murugan" was indeed a copy of the appellants' picture "Mayura Priya."

4. Determination of Damages
The appellants claimed damages of Rs. 2000 for the infringement, based on a decline in sales of their picture after the introduction of the respondents' picture. The court noted that the appellants' sales had significantly dropped after the respondents introduced their picture. Both parties agreed that if the court found in favor of the appellants on the issue of copyright infringement, the damages would be Rs. 500. The court awarded the appellants Rs. 500 in damages, with interest at 6% per annum from the date of the judgment until recovery. The court also granted an injunction prohibiting the respondents from printing or selling the picture "Bala Murugan."

Conclusion:
The appeal was allowed, and the decree and judgment of the trial court were set aside. The appellants were granted an injunction and awarded Rs. 500 in damages. The appellants were also entitled to recover their costs incurred during the trial, but no order was made regarding costs in the appeal.