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copyright violation by kumbh mela committee 2010.


In this year Department of Information and Public relation,Uttarakhand published a photograph of mine for the publicity of MahaKumbh 2010 with out my permission.I sent them several mail regarding this,but they did not answered properly.Friends what should I do now?Can anybody suggest me?...Most funny thing is that ,I shot it at Gangasagar Fair(West Bengal,India). but they captioned it "A holi dip at Haridwar".

Here is the Link..

http://www.flickr.com/photos/subirbasak/4381175765/in/photostream/

 
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Advocate

Sir, first of all I congratulate you for the fabulous photograph. I condemn the Govt for violating copyright of an artist. Sir, why dont you take action for infringement ?

 
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Legal Manager

Well. It certainly amounts to infringement of your rights.  You may sue the department for copyright violation.  You may contact an advocate in this regard.

 
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ADVOCATE & DIRECTOR

 

 Pl challenge in Uttarakhand H.C  by filling Treademark passing of suit:- with below PRAYER::

 

 

A Decree due to profits earned by defendant by wrongful use of the mark …. alike to mark of plaintiff's Trade Mark ….. and a decree for such money favouring the plaintiff against the defendant as may be found due on calculating the accounts;

 

(c) Investigation into damages sustained by plaintiff owing to erroneous action of the defendant and a decree against the defendant for the amount found due on such investigation;

 

(d) Decree for handover of breached photos, advertising and packing materials and demolition thereof;

 

(e)        Receiver;

(f)         Attachment;

(g)        Injunction;                               

(h)        Costs;

(i) Other and Further reliefs as the plaintiff legal right and per equity.

 


Total likes : 1 times

 
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Thanks a lot for your supports..But one thing I donot know how I shall take action for infringement and to whom..although there are the name of Department of information and public relation,uttarakhand..in the lower side of the frame... can anybody sugest me where and how I shall take action agains it..

Here is the Link..

http://www.flickr.com/photos/subirbasak/4381175765/in/photostream/

thanks a lot..

Subir

http://subirbasak.orgfree.com

 
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student

Mr. subir..here it is a blantant violation of your copyright. AND  Yes, you can bring an infringement action against the department of information and public relation, uttarakhand because here your case falls under section 51(a)(i) & (b)(iii) of the copyright act. There are many legal  intricasies involved in filing the suit, such as instituting a suit by presentation of the plaint under ss. 26 and order 4. rule 1 of the civil procedure code, and other provisions of the civil procedure code and copyright act. But you are entitled to seek damages under section 57 of the copyright act. Therefore, it is preferable that you should consult any good Law firm or advocate dealing with the intellectual property rights.

in my personal opinion 'Singh & Associates', N-30 Malviya Nagar, New Delhi can help you out in resolving your problem regarding copyright dispute.  

 
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student

Dear Mr. Reddy , with regard to your advice to Mr. Subir, i would like to mention section 2(1)(zb) of trade marks act,1999 which emphasizes on the use of the mark which distinguishes goods and services of one person from other and in the instant case, the photograph would come under section 2(c)(i) of the copyright act,1957 under artistic work.  Thus, in my honest opinion,  he can institute a suit for copyright infringement and not infringement of Trademark.

 
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Advocate

Its a simple case of Copyright violation and not that of trademark and you can file a suit for the copyright infringement.

 
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