suit for infringement in a place where the said owner resides or carries on his
business. In the present case, the following factors would be relevant for the
purposes of jurisdiction:
(i)
The Plaintiffs reside in Delhi and carry on business in Delhi.
Thus, this Court is a Court of competent jurisdiction under
Section 62(2) of the Copyright Act.
(ii)
The infringement has happened in Delhi, as the copyrighted
works are being circulated in Delhi.
(iii)
In all likelihood, as the materials being circulated relate to Indian
examinations, the infringers, though unidentified at this stage,
may also be based out of India.
27.
Therefore, merely due to the fact that the persons disseminating the
copyrighted works, are using the Telegram app and the said app retains its
data outside India, on Telegram servers, the jurisdiction of this Court cannot
be ousted. Having considered the jurisdictional requirements, the substantive
provisions of the Copyright Act now merit consideration, as to whether
disclosure of details can be directed or not.
28.
Plaintiff No.1 is the owner of the course material, which would
constitute “literary works” under Section 2(o) of the Copyright Act. The
videos consisting of Plaintiff No.1 teaching various subjects would also
constitute “cinematographic films” under Section 2(f) of the Copyright Act.
Thus, under Sections 2(o) and 2(f) of the Copyright Act, both “literary works”
and “cinematographic films” are protected. Further, Section 14 of the
Copyright Act recognizes exclusive rights, which vest in the copyright owner.
The works of the Plaintiffs being protectable under the Copyright Act, any
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 20 of 51
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos