Dipal vyas
28 July 2017 at 19:43
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
Unknown
28 July 2017 at 11:30
OUR FAMILY DISPUTE SETTLED THROUGH NOTARISED SETTLEMENT DEED SO IT HAS NO VALUE IN COURT OF LAW BECAUSE OF NOTARY REGISTERED.
OUR LANDLORD SAYING IT MUST BE REGISTERED , NOTARIAL DEED HAS NO VALUE.
KINDLY ADVICE ME DIFFERENCE OF NOTARY AND REGISTRATION AND ITS VALUES IN COURT OF LAW.
CHARANJIV
28 July 2017 at 07:58
Few of my colleagues along with me have filled a writ under article 226 to the high court against change in terms and conditions of service. We have also provided few documents eg the sanction received from the President of India to for the purpose of running the society, articles of association of the society etc. My organisation has issued show cause notice to us asking us to explain why an action should not be taken against us for providing such documents to the lawyer. Kindly guide if my organization can issue such a show cause notice and what is the protection available to us against such action. Thank you in.anticipation.
Manuj
27 July 2017 at 22:47
Sir, my business suffered a big loss three years back leaving me in heavy debts. I cleared most of them selling all my assets and little savings that I had. Then I was left with nothing. I tried various businesses but all failed due to lack of funds. I am 45 . I tried to get a job but did not have a service record so did not get a suitable job. Situation went from bad to worse. I am not able to take care of my family. My father at 73 is taking care if us with whatever little means he has. I don't give up that easily but few remaining creditors have made my life hell. I neither have any means nor any hope of repaying them in the near future. Few months back, a close friend of mine suggested me to legally file for bankruptcy, but I never could even think of it. But now, situation is beyond my control. My family is merely surviving. Is applying for bankruptcy possible. If yes, how can it help ?
Chandan Kumar
27 July 2017 at 01:13
I have completed my graduation(BTech) in year 2010 and joined one MNC (private company) in 2010.During my job I started full time(regular ) MBA programme from AICTE approved institute in year 2014 and completed my MBA in 2016 while continuing job in MNC. I was in IT support work while working in MNC which provided me time flexibility(shifts) to enroll for course and to complete it. I have applied for post of MT(Management Trainee) at one of PSU(Public Sector Unit/Govenment of India Enterprise) and have cleared the written test as well shortlisted for Interview round where no experience is required for post.So kindly answer the below query:- 1) Will my work experience will be counted/considered by PSU? 2) Will my MBA degree will be considered valid by PSU? 3) What would I need to do at interview :- A)undisclose my work experience as it's not mandatory for for applied post ? B) disclose my work experience and justify the panel how I managed both which is actually true?
C) Will it be considered as fraud if I will not disclose my work experience to PSU and later can any disciplinary action can be initiated against me?
Please suggest with explanation.
Mohammed Rizwan Shaikh
21 July 2017 at 00:27
Sir,
My friends mom who is a widow (Muslim), her husband expired in the month of Jan 2017. Her deceased husband had 3 sons from his first wife wherein 2 sons expired. The surviving son has filed Testamentary Petition in the High Court of Bombay for the letter of administration of the deceased property without including the widow as legal heir of the deceased. The 3 flats which were clubbed to 1 are in the name of his Grand-Daughter (1 Flat) and his former wife and deceased husband (2 Flats). The surviving widow is on the verge of intervening in the Court matters filed by the deceased husband and even filing Caveat in the Testamentary Petition.
Can anyone disposes her from the flats?
What legal remedy can be adapted in order to safe-guard the property and herself?
Regards,
Mohammed Shaikh
Neeraj Jha
20 July 2017 at 21:53
Please share your experiences
Thanks
Aashish George
20 July 2017 at 07:46
What is the legal validity of a compromise/settlement/razinama reached by the parties in the police station? Is it binding on the parties? Can the court refuse cognizance on the basis of such compromise?
Situation : a drunk gets beaten up by his neighbor, intially the mlc does not disclose any serious injuries, the drunk who's bac is at .800% is asked to sign a "razinama" he does so, on the next day he feels pain in his eyes, he thinks it's just swelling and does not go the doctor, eventually one of his eyes starts to loose sight, he goes to a doctor and he then undergoes immediate surgery, the drunk files a case in court, the police file atr stating he was drunk, intial mlc does not disclose his injury and he has already settled, can the court deny cognizance on the basis of that razinama? Does the police have the power to "settle" such case? If so, under what provision of law? What is evidentary value of such a compromise? Any citations in this regard? Kindly share your knowledge, it will help me immensely. Thank you.
inderjeet
17 July 2017 at 20:06
Case is on stage of workman evidence and affidavit tender and list of witness filed for summoning. On date respondents did not cross and submitted application for dismissal of reference on point of jurisdiction. Respondents although mentioned point of jurisdiction in their written statement earlier and rejoinder was filed that case is within jurisdiction. Now judge ordered for reply to be filed on respondents application. My query is that I am contesting my case at own due to financial constraints and have no other income source. Please advice me that when case was on workman evidence how can respondents filed such application at this stage and what can be done.
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caste ceritificate
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