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TMI Blog1996 (8) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... fine of ₹ 3,000. In default, he was directed to undergo simple imprisonment for a further period of enc month. On appeal, the Sessions Judge, Guntur confirmed the same. In Criminal Revision No. 665/89 and CRC No. 666/89 the High Court of Andhra Pradesh by judgment dated September 17, 1990 acquitted the respondent of the offence. Thus these appeals by special leave. 3. The facts as found and not in dispute are that the respondent had kept in his shop by name Video City, various cassettes numbering 90 in Telugu, English and Hindu cinematograph films exhibiting the same either for hire or sale to the customers. The question, therefore, is : whether the respondent has committed infringement of a copyright or deemed infringement thereof. The Statement of Objects and Reasons to Amendment Act 65 of 1984 reads as under: Piracy has become a global problem due to the rapid advances in technology. It has assumed alarming proportions all over the world and all the countries are trying to meet the challenge by taking stringent legislative and enforcement measures. The problem of piracy and the necessity for taking sufficient anti-piracy measures were also voiced by Membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions of the Act applicable to video films and computer programmes; (v) to require the producers of records and video films to display certain information in the records, video films and containers thereof. 4. Section 2(m)(ii) defines infringing copy to mean, in relation to a cinematographic film, a copy of the film made on any medium by any means. Section 3 defines publication to mean making a work available to the public by issue of copies or by communicating the work to the public. Section 4 envisages when work is not deemed to be published or performed in public. It provides that except in relation to infringement of copyright, a work shall not be deemed to be published or performed him public, without the licence of the owner of the copyright. The permission of the owner for publication is mandatory when it is sought to be brought home to the person violating the publication of performed in public. It excludes the application of infringement of a copyright from the purview of Section 4. Chapter X deals with registration of copyright. Section 44 envisages that there shall be kept at the Copyright Office a register in the prescribed form to be called the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t which may extend to two lakh rupees: Provided that where the infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment fur a term of less than six months or a line of less than fifty thousand rupees. Explanation. - Construction of a building or other structure which infringes or which, if completed, would infringe the copyright in some other work shall not be an offence under this section. 6. Further amendment with regard to sentence of fine came to be made by Amendment Act 38 of 1994 with which we are not presently concerned. 7. Section 68A provides for penalty for contravention of Section 52A. it reads that any person who publishes a sound recording or a video film in contravention of the provisions of Section 52A, shall be punishable with imprisonment which may extend to three years and shall also be liable to fine. 8. A reading of these provisions does indicate that infringement of a copyright or deemed infringement of a copyright or publication of a work without the permission of the owner are offence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (2) thereof. The construction of Sections 52A, 51, 63 and 68A should be approached from this perspective. It would be further profitable to read the relevant provisions of the Cinematograph Act, 1952 in this behalf. Section 2(c) defines cinematograph to include any apparatus for the representation of moving pictures or series of pictures. Section 2(d)(d) defines films to mean a cinematograph film. The question, therefore is : whether video film is it cinematograph? It is settled view that video tapes come within I lie expression cinematograph in view of the extended definition in Section 2(c) which includes apparatus for the representation of moving pictures or series of pictures as copy of the video should be created in respect of a cinematograph under the Cinematograph Act which gives protection to the purchasers of the cinematograph if they are registered under Chapter X of the Act. Section 44 gives the right of registration and once the entries have been made by operation of Section 48 the entries in the register of copyrights shall be prima facie evidence of the copyright and the entries therein are conclusive without proof of the original copyright which must be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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