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Senthil (NA)     23 January 2014

Selling notes

Does selling notes of a coaching institute come under civil offence.?? I mean copyright infringement...

I see lot of shop keepers in delhi and around delhi selling the photocopies of notes of prominent coaching institutes.

I am confused whether is it legal to sell the notes of a lecturer/prof  without any legal or written permission.??
 

 

Thanks..



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 January 2014

Yes. It comes infringement of copyrights.Copyright infringement is the use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator.

Senthil (NA)     23 January 2014

FYI, I am not telling about the notes given by the institute,  I am telling about the handwritten notes taken by the students...

If it comes under copyright infringement then how are they boldly selling the notes..??

Even the shops very near to the institutes are selling the notes openly and also with sign board telling that "________ institute notes are available here"...

 

Ramachary Sir I have one more doubt, to open a copyright infringement case do we need to  register our work with copyright office.???

 

Thanks.....

T. Kalaiselvan, Advocate (Advocate)     23 January 2014

The handwritten notes by the students do not have any protection under copy rights act because it was not registered under the said act. Next:

Ramachary Sir I have one more doubt, to open a copyright infringement case do we need to  register our work with copyright office.???  Yes.

Senthil (NA)     23 January 2014

Kalaiselvan sir..

 

So you are telling that the institute does not have any right to open copyright case against them right.??

 

 

Thanks..

S K KARNjhc (Legal Adviser)     23 January 2014

Copyright  proctects,  the right of copyright holder for which the holders' required to be registered themselves with fixed deposition(valid for a fixed period) to the competent authority

Vineet Kumar (-)     24 January 2014

Hello Senthil

The philosophy of Copyright law is that the law does not permit a person to enrich by what has been produced by the labour, skill and capital of the another person.

Copyright subsists on creation which means the author of the work whether literary, dramatic, musical, artistic, cinematograph film or

sound recordings becomes owner as soons as the work is created. 

Registration of copyright is not necessary either for the subsistence or for the enforcement of copyright. However, it is advisable to 
register the copyright in the work.
 

Senthil (NA)     24 January 2014

Dear Vineet Sir , 

 

Yes, I know copyright automatically protects the artistic works, movie, songs, music etc...

Please clear my doubt regarding my current topic.

Is that notes subject to copyright.?? Refer my previous replies.

What i have in my mind that if at all a case is opened then there is no proof for which the notes belong to the professor.?

Tell exactly whether the institute or the concern person has the power to open copyright infringement case against them..??

 

Thanks..


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