Anonymous
24 November 2017 at 23:47

Copyright Violation?

I'm planning to publish a book of literary criticism containing studies of poems. The book has been structured in the following manner -- Poem 1 followed by Study 1, Poem 2 followed by Study 2 and so on and so forth. Will the inclusion of poems in the book constitute copyright violation? All poets except one are dead. It's hard to trace / procure permission from legal heirs. What's the legal position? Are there any limitations on lines which could be quoted?
What's the way out? What are the worst implications?


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26 October 2017 at 13:18

A common man, asks for clarification

Myself purchased and registered a housing plot on 2014 after obtaining the legal certificate from a registered lawyer. When I tried to sell my land, brokers talked that a case is pending on this land. But, while I checked all documents, from housing board registered documents to current documents including Encumbrance certificate couldn't find any mistakes or cases in it.

talks are, a Broker (broker 1 - Mr. R) who gave advances, to buy the plot, to the PoA (broker 2 - Mr. P), filed a case on PoA, demanding to cancel the sale deed executed by PoA to a third (Mr. G) person and request to transfer title in his name (Mr. R).
1. in his appeal (OST) Mr R, surrender the Agreement made between him and P for Rs. 110000/- and gave Rs. 1Lakh at the time & pending amount of Rs. 10000/- will be paid at the time of Sale Deed by December 2011
2. in the meantime Mr P, as PoA, already sell the land to Mr G and registered a sale Deed in Mr G name, without informing Mr R about the sale
3. Mr R saw a newspaper notice that Mr G alleged bought the schedule land from Mr P, hence Mr P demanding the land sale is not valid
4. But, Mr G, as the owner of land sells the land to other party and after 3 parties Myself bought from the 5th party. Now I am having all Originals and possession of the land (without knowing none of the above)

Point is
1. EC shows, no faults in the documents till now (or) no information about the Agreement between R & G
2. Mr R filed OST against First Registered landowner, PoA (P) and Buyer (G), informs as the registrar and Govt of Tamilnadu

My question is
1. Is the verdict of the case will affect on my land or My Possession?
2. if so, what I have to do (or) if not, how can I get remedy from this
3. Shall I intervene into this current case to safeguard

Please note, a follower of the case, the last status is " Business: Trial. Memo filed. D1 died. steps for deceased D1 by 6.11.17, = Next Purpose: STEPS FOR IMPLEADMENT"

Please guide me.


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I have given all the required detailed information of that land in the following. This is very difficult case so I have not decided the land is ancestral or not.it is very interesting and more difficult.Please read carefully and guided me as soon as possible. My mother's father have land. my mom's father has got that land by his father's of father(great grand father) in 1964 by will. Because of my mom's grandfather was died after the birth of my mom's father.my mom's father birth in the year of 1949.and my mom's grandfather is died in the year of 1952.at that time my mom's Great grand father not partitioned of his land.The great grand father had two sons my mom's grand father and another one. Here the matter to be mention that my mom's great grand mother was joined with my mom's great grand father by SECOND MARRIAGE. And that two sons my mom's grand father and his brother borned by 1st marriage of great grand mother.after the 2nd marriage of my mom's great grand mother giving birth 1 GIRL(my mom's grandfather's sister).after some years The great grand father of my mom had made the will in the year of 1960. The great grand father had made that will on the two name. 1st the another guy who is my mom's grandfather's brother and 2nd on my mom's father because as I know before my mom's grand father is died at that time .And the small part of land giving to that girl by will.(my mom's grandfather's sister which is borned by 2nd marriage of my mom's great grand mother). My mom's great grand father had gotten that whole land by inheritance by him father( means my mom's great grand father's father) in 1924.so definitely at that time the land is ancestral.then how they were successful to make will? The will was executed in 1964 after the death of mom's great grand father. and the land were divided into two large part and one small part between my mom's father , my mom's grandfather's brother,and mom's grandfather's sister). Now my mom's father is decided to sell that land and will buy some new property on the name of their two sons(my mom's brothers).He want to neglect my mother. Now my mother can claim on that land before my mom's father will sell the land??? It is said to be ancestral property till now????The land chain start from 1924.(my mom's great grand father's father's time) Please give me some information as soon as . The land is situated at the posh area of the city. it's market value is in the crores now.


Answer now

I have given all the required detailed information of that land in the following.
This is very difficult case so I have not decided the land is ancestral or not.it is very interesting and more difficult.Please read carefully and guided me as soon as possible.
My mother's father have land. my mom's father has got that land by his father's of father(great grand father) in 1964 by will.
Because of my mom's grandfather was died after the birth of my mom's father.my mom's father birth in the year of 1949.and my mom's grandfather is died in the year of 1952.at that time my mom's Great grand father not partitioned of his land.The great grand father had two sons my mom's grand father and another one. Here the matter to be mention that my mom's great grand mother was joined with my mom's great grand father by SECOND MARRIAGE. And that two sons my mom's grand father and his brother borned by 1st marriage of great grand mother.after the 2nd marriage of my mom's great grand mother giving birth 1 GIRL(my mom's grandfather's sister).after some years
The great grand father of my mom had made the will in the year of 1960. The great grand father had made that will on the two name. 1st the another guy who is my mom's grandfather's brother and 2nd on my mom's father because as I know before my mom's grand father is died at that time .And the small part of land giving to that girl by will.(my mom's grandfather's sister which is borned by 2nd marriage of my mom's great grand mother).
My mom's great grand father had gotten that whole land by inheritance by him father( means my mom's great grand father's father) in 1924.so definitely at that time the land is ancestral.then how they were successful to make will?
The will was executed in 1964 after the death of mom's great grand father. and the land were divided into two large part and one small part between my mom's father , my mom's grandfather's brother,and mom's grandfather's sister).
Now my mom's father is decided to sell that land and will buy some new property on the name of their two sons(my mom's brothers).He want to neglect my mother.
Now my mother can claim on that land before my mom's father will sell the land???
It is said to be ancestral property till now????The land chain start from 1924.(my mom's great grand father's father's time)
Please give me some information as soon as .
The land is situated at the posh area of the city. it's market value is in the crores now.


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Anonymous
04 September 2017 at 13:34

About sethwar copy

SIR
WE HAVE AGRICULTURE LAND 69 SY NO=2 ACR
1-IN SETHWAR 1954 IN THAT PHANI =INAM LAND WRITTEN IN THE COLOUM
BUT

2-PT REGISTER MY GRAND FATHER NAME IS THERE
3-WE GOT 38-E ALSO
4-WE PAY LAND TAXES 1954 TO TILL NOW
MY QUESTION
EITHER ITS COMES UNDER INANM LAND OR PATTA LAND


Answer now

Dear Sir,

According copyright section-30,
30. Licenses By Owners Of Copyright: - The Owner Of The Copyright In Any Existing Work Or The Prospective Owner Of The Copyright In Any Future Work May Grant Any Interest In The Right By License In Writing Signed By Him Or By His Duly Authorized Agent:
Provided That In The Case Of A License Relating To Copyright In Any Future Work, The License Shall Take Effect Only When The Work Comes Into Existence.

Explanation:- Where A Person To Whom A License Relating To Copyright In Any Future Work Is Granted Under This Section Dies Before The Work Comes Into Existence, His Legal Representatives Shall, In The Absence Of Any Provision To The Contrary In The License, Be Entitled To The Benefit Of The License.

Example:-
(1) Company-A is copyright owner in Music Industry and Company-B is duly authorised agent of company-A.
(2) According to section-30 Company-B is duly authorised agent of company-A and company-B can Grant license and collect Royalty on behalf of company-A.
(3) Company-B is neither a copyright owner nor a registered copyright society, company-B act only as an authorised Agent.
(4) If I am right, only copyright owner (i.e. yash raj, t-series etc...) or a registered copyright society (i.e. PPL, IPRS, ISRA...) can issue and grant license by his own name. Duly authorise agent company-B can collect license fees on behalf of owner of copyright but B cannot issue Payment receipt or licence by his own name on behalf of company ‘A’ because Company-B is not copyright owner and also not a Registered copyright society.
Here in sec-30 mentioned - Grant Any Interest in the Right by License in Writing Signed by Him or by His duly Authorised Agent.

Important Question: - If duly authorised agent is neither an owner of copyright nor a copyright society then such duly authorised agent can collect only royalty on behalf of copyright owner? Or such Agent can collect royalty and also issue license by his (Agent) own name on behalf of copyright owner?
So my Question is company-B can issue payment receipt and/or licence by his own name on behalf of copyright owner A or not. Company-B is neither a copyright owner nor a registered copyright society but he acts only as an Agent.

Here is referral link of Bombay high court judgement:-
https://indiankanoon.org/doc/44713127/
Wait for your authentic reply sir.
With regards,
Paritosh Parikh



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Anonymous
18 November 2011 at 15:28

Trademark opposition/new application

Dear Expert,
The record with the Trademark Office has a date of dispatch of TM 5 on 25.02.2011 and the client must have received it after that, however the client is unable to provide the exact date as to when actually the TM 5 was received.
Now the TM Office says that the 2 months stipulated time to reply back has to be counted from the date of dispatch of TM 5 from Trademark office for applicant has expired. If that is the case then the stipulated time ends on 25.04.2011 (2months).
Now being the month of November 2011 the application will be abandoned in due course. The same is still as opposed in the public site.

My question before you is whether there is any way TM 6 can be filed on this date.

Secondly whether the date of dispatch of TM 5 is to be considered correct.

What is the remedy to save the application.

Or should a new application be filed as no intimation was sent from the Trademark Office in this regard.
Pls advice.

Regards and Thanks in advance


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