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Praveen Kumar (Lawyer)     25 March 2010

How and where to file a case under Copyright Law?

I was associated with a band (musical group). Me and the lead vocalist of the band had composed a few songs together. He got the songs copyright in his name without my prior permission or even telling me about it. One of these songs was my solo composition which was composed even before the band was formed. The music of all the other songs was composed by me alone. He just supported me with the lyrics. Now he has found some new members in the band and they all voted me out. I want to sue him under the Copyright Law for illegally using my intellectual property (my work for the band) without my prior consent. Please tell me what is the procedure and where is the proper court in Delhi to file my application. Thanks.


Learning

 7 Replies

Ramu Nambootiri (Counsel: In - House)     26 March 2010

The High Courts in India always have their original jurisdiction to take any matter as authorised by the Consitution however, you can also choose district courts depending on the threshold of monetary compensation if any, you want as a remedy.

MR.V.BALAKRISHNAN (INTELLECTUAL PROPERTY ATTORNEY)     25 October 2010

Dear Mr.Praveen Kumar,

 

It is better first you get Copyright Registration for your creation and then go to Court,this will save you from any embarassment from the other side.

Kaushik Saha (Advocate)     24 December 2010

You can file a suit in a district court or city civil court..but since the copy right registration is already obtained by the other band member, you are suggested to initiate a cancellation proceeding before the reigstrar of copy rights.

Rajesh Hazra (Mediator Mediation Counsel)     12 September 2011

Dear Friend,

I rightly support  Mr. Balakrishnan, It is better first you apply for Copyright Registration for your creation and then go to Court.

Suchitra. S (Advocate)     16 September 2011

I feel you cannot do much in this matter as you have not protected your creation earlier to him and you have not objected to his application. Now it may be difficult to prove that you have composed the music  all by yourself. If, you can, then you can file a case in the district Court which has the jurisdiction to deal the subject matter.

Prashant Mule (LEGAL SERVICES)     15 June 2014

Basically registration of Copy Right is not necessary, Copy Right exist in the song,  the moment you have publicised it.

paras (rm)     27 June 2015

Hi friends

If the owner of image is staying in some foreign country and a person in India has used his image on the website,where he should file the case?Can he file the same in his own country?Actually he does not want just to remove the image from the site but want some compensation as the infringer has used his image.What is the easiest way for him to do so?


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