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case of defamation in copyright own by another person.

Advocate

Can there be a case of defamation by a person over a copyright that is own by another person?
 
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Advocate and Trademark Attorney

 Sir, ur question is not clear. Can u furhter clarify that who owns the copyright, who has defamed and who wants to file case, that is whether copyright owner or third person??

 
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Advocate

Dear Sir,


under the Copyright act, we can go for remedies against infringements which can also be criminal in nature but for defamation we must proceed either under civil laws or criminal laws ie IPC. for defamation under IPC we must show that the pubication has harmed our reputation in one way or other.

 
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Advocate

so mere publication without any immorality can not be construed as defamation.

 
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Advocate

Dear Manishji, thank you for your kind contribution. 


Dear Vinod, consider this. you allow an advertising agent to take your photograph for publication in news paper. The paper was published showing your photograph. Now the advertising agent is the owner of the photograph as per the copyright. The advertising agent gave the photograph to another company and the company made an advertisement out of that photograph as given by the advertising agent the owner of the copyright. Now can you file a  case of defamation against the company who used your photograph for advertisement of their company which was given by the advertsing agent the owner of the copyright of that photograph of yours?

 
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Advocate and Trademark Attorney

 Dear Sir, in that case, it will always depend on the terms of agreement between me and the advertisement agent. The Copyright Act is silent as to who shall be the copyright owner. This right can be transfered as any other property.


However, in such case, normally the company for which the advertisement agent took the photo has the copyright and only it can take action for the infringment of the copyright. I (or the model) does not have any remedy like defamation. If the advertising agent has violated the terms of the contract betwen the model and the agent, then the model can sue for breach of contract, but not for defamation.


I genuinely feel that in the matters of copyright, the question of defamation does not arise in any case. 

 
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Advocate

Thank you Vinodji.

 
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Advocate

Dear Vinodji, What about copyright in artistic work?

 
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Advocate and Trademark Attorney

 Photography is a best example of artistic work. In every artistic work, the person who has created the work is the owner of the copyright. However, in certain cases, if the artist is employed by some person then that employer becomes the owner of the copyright. And this applies not only to artistic work but any work which is copyrightable. 

 
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Advocate

Dear vinodji, I really appreciate your contributions.

 
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