1996 (8) TMI 558 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the respondent committed infringement of copyright under Section 52A read with Section 63 of the Copyright Act, 1957.
2. Whether identification of the owner of the copyright is a pre-condition for violation of the provisions of Section 63 or 68A.
3. Whether the respondent's actions fall under the purview of Section 68A of the Copyright Act, 1957.
4. Appropriate sentencing for the respondent.

Detailed Analysis:

1. Infringement of Copyright under Section 52A read with Section 63 of the Copyright Act, 1957:
The respondent was found to have kept 90 cassettes of various cinematograph films in Telugu, Hindi, and English in his shop for hire or sale. The Trial Court convicted the respondent under Section 63 of the Act, imposing a minimum sentence of six months and a fine of Rs. 3,000. The Sessions Judge confirmed this conviction. However, the High Court acquitted the respondent, leading to these appeals by special leave.

2. Identification of the Owner of the Copyright as a Pre-condition:
The High Court, supported by the respondent's counsel, argued that identification of the copyright owner is essential to prove infringement. They contended that unless the owner is identified and provides evidence of ownership, no offence under Sections 52A or 51 of the Act is made out. The Supreme Court, however, disagreed, stating that the object of the Amendment Act 65 of 1984 was to combat piracy effectively. The Court emphasized that the absence of the owner's identification does not constitute a lack of essential elements of infringement. The particulars on video films mandated under Section 52A are sufficient to establish infringement.

3. Respondent's Actions under Section 68A of the Copyright Act, 1957:
The Supreme Court noted that although the charge was under Section 51 read with Section 63, the respondent was exhibiting cinematograph films in his Video City for hire or sale without the particulars required under Section 52A. This falls under Section 68A, which penalizes the publication of video films without the necessary particulars. The Court held that it was unnecessary for the prosecution to track and trace the copyright owner to prove infringement.

4. Appropriate Sentencing for the Respondent:
The Supreme Court altered the conviction from Section 63 to Section 68A. Considering the facts and circumstances, the Court decided that a sentence of fine would meet the ends of justice. The respondent was sentenced to pay a fine of Rs. 10,000, and in default, to undergo rigorous imprisonment for three months. The State was given liberty to recover the fine if the respondent fails to pay.

Conclusion:
The appeals were allowed, and the conviction was modified to one under Section 68A, with a fine of Rs. 10,000 imposed on the respondent. The judgment emphasizes the stringent measures against piracy and clarifies that the absence of the copyright owner's identification does not negate the offence of infringement.