(B) storing of it in any medium by electronic or
other means;
(ii) to sell or give on commercial rental or offer for
sale or for such rental, any copy of the film.
(iii) to communicate the film to the public;”
29.
Section 2(m) of the Copyright Act defines the term “infringing copy”,
as under:
“infringing copy” means—
(i) in relation to a literary, dramatic, musical or artistic
work, a reproduction thereof otherwise than in the form
of a cinematographic film;
(ii) in relation to a cinematographic film, a copy of the
film made on any medium by any means;
(iii) in relation to a sound recording, any other recording
embodying the same sound recording, made by any
means;
(iv) in relation to a programme or performance in which
such a broadcast reproduction right or a performer’s
right subsists under the provisions of this Act, the sound
recording or a cinematographic film of such programme
or performance, if such reproduction, copy or sound
recording is made or imported in contravention of the
provisions of this Act;]”
30.
Such activity of circulating copyrighted materials on Telegram
channels would also be “communication to the public” as provided for in
Section 2(ff) of the Copyright Act. The copies of the Plaintiffs’ works, which
are circulated on the Telegram channels, would constitute infringing copies
of the Plaintiffs’ works as defined under Section 2(m) of the Copyright Act.
Thus, any reproduction of such literary work would constitute an infringing
copy, even if the same is in electronic form.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 22 of 51
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